Ask an Property Solicitor. Get an Answer ASAP.
Hello , I am a lawyer with over 15 years experience. I will try to help you with this.
Have you discussed this at all with your neighbour? Can you also just clarify what you would like to know from me please?
I am unable to speak with him because he is unapproachable, I would like to know what I can do, i.e. is this a police matter or do I go to the Council, he has done damage to my hedging and my conifer tree in erecting this fence.
I don't think this is really a police matter although technically he may have committed criminal damage I suspect the police will view this as a civil neighbour dispute. Do you and your neighbour own the properties? Are you local authority tenants? This will make a difference to what can be done.
We do both own our properties.
Ok. How sure are you that the fence followed the correct boundary? Do you have the original conveyancing documents from your solicitor in particular the report on property and the title plan? How far has he moved the boundary?
When we moved in 10 years ago, we had a dispute regarding the fence, it was resolved, but in the last storm his fence came down, and has now put up new concrete slabs (4 high) with a 3 foot fence panel on top and in doing so has taken at least 8-10 inches of the boundary. We do have all relevant paperwork.
OK you are going to have to talk to him or write to him I am afraid. Am I right in thinking you want the old boundary line restored?
We can not talk or write to him because with the previous dispute we were forbidden to enter on to his property and our solicitors letters were returned unopened, he was very uncooperative and rude to our solicitor. We would like the boundary line restored and the damage done to our property i.e. tree and bushes.
How was the boundary issue resolved without him being involved?
We both engaged the services of a surveyor. He got a solicitor through his employment. We answered his solicitors enquires but he made life difficult for our solicitors.
You need to write to him pointing out that he has moved the fence from the boundary and requiring him to re-instate it. You will need to remind him of the previous exercise which led to the boundary being fixed and that he has now unilaterally removed the boundary. As far as damaging your plants is concerned he has no right to touch your plants except to the extent that they overhang his land. He can cut them back to the boundary but needs to offer you what he has chopped off. As your neighbour is difficult perhaps it is best if any correspondence comes from a solicitor.
Technically he may well have committed the crime of criminal damage but I do not think that either the police or the local authority will be of any help here. If you want to stop him annexing some of your land you will need to stop him yourself by threatening or taking private civil legal action. If the boundary is clear then ultimately you may need to go to court to obtain an order forcing him to move the fence. The first step though is a letter pointing out what he has done and requiring he fix it.
I hope this answer is helpful but please feel free to ask further questions.
Last time it cost me i was working Now on pension he knows i can ill afford to go into lengthy cost which he will not get