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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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the adjoining n/bour has had a fence erected on our propery

Resolved Question:

the adjoining n/bour has had a fence erected on our propery and had the down pipe altered to suite we want to render our newly built wall but she will not remove the fence
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello and thank you for your question.
Alex Watts : Who owned the fence before, do you know why she moved it?
Customer:

she moved the origional wooden fence and replaced it with a 5ft railing fence. when we were away on holiday un be known to us , she had our down piupe removed from our side of the fence, and replaced it with another one on her side of the fence, she then had her fence moved so that the drain for the down pipe was on her side of the property, this week we have had a wall built around our property as she complaines , when we cut our grass it blows through on to her drive, the wall was ment to stop this, she refused our builders to move the fence to enable them to render the wall. and refuses to move her fence back to its origional place

Alex Watts :

You can write and ask her to remove it or seek a Court Order.

Alex Watts :

If she refuses then you should seek a local Solicitor to write and ask her to move it or say you will go to Court otherwise.

Alex Watts :

If she continues to refuse then you need to issue proceedings and seek a Court Order making her remove it

Alex Watts :

For this you would, in effect need an injunction and therefore a Solicitor

Alex Watts :

You would have to pay for this but if you win, costs can be claimed back

Alex Watts :

If she breaks the injunction she could be warned, fined or sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

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