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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi My neighbour has just put up a new fence on the boundary

Customer Question

Hi
My neighbour has just put up a new fence on the boundary which he is responsible for, however he has just put the new fence next to the old one (which is leaning over badly and is much shorter than the new one). From my neighbours side of the fence everything looks ok, but from my side it looks ridiculous and is an eyesore. In addition the new fence does not follow the old boundary since it is positioned upto a foot further towards his property.

What should I do ?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : So the new fence is not encroaching on your land at all please?
JACUSTOMER-5kec9vo9- : No
Alex Watts : What do the deeds say?
JACUSTOMER-5kec9vo9- : It's his boundary and obviously he is responsible for maintaining it. But it looks worse for me now than before
Alex Watts : ok. Well you can't do anything about the new fence.
Alex Watts : Is the old fence on the boundary or his side?
JACUSTOMER-5kec9vo9- : On the boundary exactly but it is falling over more now because of the new fence
Alex Watts : Ok, if it is his and he has responsibility then you can ask him to remove it.
Alex Watts : If not then you should get a quote for having it removed, this forms your loss.
Alex Watts : You need to write and set out your losses and request a payment or he removes it within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you or remove then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this Today please?
Alex Watts :

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