How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask wingrovebuyer Your Own Question

wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
22732369
Type Your Property Law Question Here...
wingrovebuyer is online now

Hi, we have had some real problems with our neighbours. So

Customer Question

Hi, we have had some real problems with our neighbours. So we decided to build a fence between our gardens. The boundary has traditionally been seen as our neighbours, so we placed the fence on our side of the chain and concrete fence leaving a gap of a round 1 foot between our wooden fence and their chain and concrete fence. Today we discovered that they have removed the chain link and have claimed the space in between the fences. The length is around 20 metres. They have also placed lots of wooded logs in and around our fence to cover the concrete path in which we placed the fence. We have lived in the house for 10 years, with the chain and concrete fence established before we moved in. They have not yet removed the concrete post that show the old boundary. Our fence is 6 feet and was built in December 2013. We tried to talk to our neighbour, but she would not talk about it. But she did say that we needed to check our facts as we have the nice side of the fence facing us. Can you please clarify her remark. Any advice please.
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer :

Hello.

wingrovebuyer :

First off, she has no right to "claim" your land, even if you have left it on the other side of your fence. This is a trespass and you can demand she removes her items from your land.

wingrovebuyer :

Secondly, she seems to be under the misapprehension that you are obliged to have the "ugly" side of the fence (ie the posts) on "your side". That isn't true - the posts can be on either side, although when ownership of a fence isn't known it is often assumed that the owner is the one with the posts on their side.

Customer: We have asked her to remove the logs against our fence and replace the boundary. She has refused. We have taken pictures of the. Concrete fence that runs the length of the garden that mark the old boundary and the. Logs in place. What do we next?
wingrovebuyer :

I

wingrovebuyer :

I recommend you write to her, warning her to remove the items from your land within 14 days or you will issue injunctive proceedings, to get a court order to remove the items and prevent future trespasses. Tell her you'll claim costs against her too. If she doesn't comply, all you can do is see through the threat - this might cost around £3000

Customer: Can we ask her to replace the original boundary?
wingrovebuyer :

Yes, absolutely. You can list your demands for the position to be restored and the trespasses to end.

Customer: Thanks for you advice.
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience: Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
wingrovebuyer and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    453
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1907
    LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    846
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    308
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions