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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My neighbour removed a fence between our two properties and

Resolved Question:

My neighbour removed a fence between our two properties and replaced it with a new fence. Before doing so, he advised us that of his intention. We responded that we were intending to replace the wooden fencing with a brick built wall in order that we would not need to maintain a fence. He, however, stated that the fencing would be erected at his expense on the following Monday. He has now erected the fence; but it and its supporting concrete posts are whollly on our land. Are we within our rights to ask him to remove the fence and place it on his own land? In erecting in it's current position, he has extended the size of his own rear garden whilst reducing the size of ours

Clearly, he or his agent trepassed on our land in order to erect the fence; and to cement concrete support posts into our land. Is there any recourse to legal action about this issue? For the record, our neighbour has done similarly at the front of his property; and impinged on the land of another of our neighbours.
Disgruntled gardener
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

If they are on your land and he is encroaching then yes you can.

Alex Watts :

This is because if it is on your land when it should not be then you can ask him to move them at his expense.

Alex Watts :

If he refuses then you can either seek a Court injunction to make him remove and replace them or you can get a contractor yourself and then sue for the costs.

Alex Watts :

But if it is on your land when they should not be (ie he has moved the posts from where they were before) then you can take action

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

To be perfectly clear here:

Customer:

1. As the fence is on my land and it should not be, I can ask my neighbour to remove it.

Customer:

2. If he wishes to re-erect the fence as a boundary marker, then he may do so provided it and its supporting structure is wholly within the boundary of his own property.

Customer:

3. If he refuses, then I am within my rights to either approach a Court for an injunction. Which Court? I have a friend who is a magistrate. Can I deal with this via the Magistrates Court?

Alex Watts :

1. Yes

Alex Watts :

2. Correct

Alex Watts :

3. Indeed. County Court

Alex Watts :

Its not a Magistrates Court decision but County Court

Customer:

4. As an alternative, I can hire a contractor; then sue for the costs of removal of said fence. Presumably, I would need to return all fencing materials to my neighbour as these are clearly his property. Is this correct?

Alex Watts :

4. Yes but you need to give notice ie 14 days and allow him an opportunity to rectify

Customer:

That's fine. I have drafted a letter giving him one month to remove the fence from my land. After that, if I need to engage a contractor to remove it, I will pursue a claim via the small claims process in the County Court.

Alex Watts :

Can I clarify anything else?

Customer:

Thank you for your advice. I am happy to pay the fee for it.

Ash and other Property Law Specialists are ready to help you

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