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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The neighbour erected a fence on on elderly aunts land, she

Resolved Question:

The neighbour erected a fence on on elderly aunts land, she complained over many years to the neighbour and council, she even had a surveyor take a look, he agreed that it as on her land. She did not have enough money to consider legal action, her last complaint to the neighbour was in 2005. We now want to put up our own tidy fence and remove the one put up by the neighbour, he claims it will be criminal damage if we take it down and has lodged it with the police. What can we do? There are no drawings with the deeds, 1923 property.
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 :

Yes it would be criminal damage if you remove the fence.

Alex Watts :

However what you can do is put a fence on the inside of that fence so in effect there are 2 fences.

Alex Watts :

That is perfectly acceptable.

Alex Watts :

But it would be a criminal offence to remove the fence.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Thanks, XXXXX XXXXX can erect another fence though that will limit the access for a car up the drive, if we do erect another fe nice are we conceding that the boundary is now on our land rather than between two?
Alex Watts :

That would be no concession.

Customer: Also how can we go about getting the police file amended? They jumped to do this before we met, so I assume they were advised to do so.
Alex Watts :

There is no conviction, you really dont need to worry

Customer: Ok, so we put up a new fence and leave the boundary question open, is that correct, our aunt is now in a home and we need to tidy up her home and sell it for her care fees to be paid.
Alex Watts :

Yes that is right.

Alex Watts :

Can I clarify anything else?

Customer:

thanks

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