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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice.
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should neighbours erecting a fence end where my property starts

Customer Question

should neighbours erecting a fence end where my property starts and should concrete for securing his fence end at the start of my property as its 18 inches onto my garden on a small border consequently not allowing me to grow anything We live in detached bungalows
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

the start of the fence is on my property I thought that's where it should end 3inch posts and15 inches of concrete on my borders does not allow me to grow anything there it is only a small border there are 4 posts He did offer to put wooden planks on my garden side to tidy up a bit but the concrete is the issue.As the concrete and posts are on my land am I within my legal rights to remove them.There was a shared hedge hedge before which was the neighbours He knew I was not happy about removing the hedge

Expert:  Remus2004 replied 3 years ago.
Thanks

This is common law trespass.

You are entitled to have the concrete removed but not remove it unless he consents. If he will not consent, you are faced with going to court to make him remove it or allow you to remove it.

If you remove it, you can ask the court to award the costs of removal against him in your favour.

You cannot remove it without his consent because that is criminal damage which is a police matter.

If you remove it even with consent, and it makes the fence unstable, you are responsible for the damage so it is better if you leave that entirely in his hands.

He was actually not entitled to remove the hedge ( if it was a jointly owned hedge), without your consent and it is possible that you could get a court order to make him replace it.

Have a look at your house insurance because of you have legal expenses cover, it may pay for the cost of any legal proceedings that you may get involved with.

There is no legal aid available for this I'm afraid.

Can I clarify anything for you?

Jo
Remus2004 and other Property Law Specialists are ready to help you
Expert:  Remus2004 replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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