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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Our neighbours have moved one of our fence panels and fixed

Resolved Question:

Our neighbours have moved one of our fence panels and fixed trellis to a wall that is on our side of the boundary line, we have written to the neighbour asking for the trellis to be removed and the fence reinstated to its original position but the neighbour is refusing to respond. We have now also discovered that the neighbours property is 'sold subject to contract'.

What can we do please?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** 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 :

You wont need to worry about the fact it is sold subject to contract

Alex Watts :

The seller is going to have to declare to the buyer that there is an ongoing dispute

Alex Watts :

You need to get a Solicitor to write to the neighbour and ask that the boundary line is re-instated otherwise you will issue Court proceedings

Alex Watts :

If they refuse then you can issue Court proceeding

Alex Watts :

You are after a declaration as to where the true boundary is and that the neighbour must reinstate the line

Alex Watts :

The court will issue a claim and send a copy to the Defendant

Alex Watts :

If he does not respond the Judge will list for hearing, decide what you have to say and make an Order

Alex Watts :

If the matter is contested it will be given directions a timetable for trial

Alex Watts :

The fact the neighbour is selling makes no difference

Alex Watts :

You could have a Solicitor write a letter and then if that has no effect wait to see what the new owners do

Alex Watts :

Either way you do not lose the right

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Ok thanks, ***** ***** am trying to avoid paying out huge sums in solicitors fees (no offence) would it be worth me sending her another letter pointing out that by law, she has to declare to the buyer that there is an ongoing dispute, in the hope that she will then sort it out?

Customer:

Are we able to say to her if she hasn't done it in 7 days then we will, as it's our fence and we can complete the work from our side of the property

Alex Watts :

You can write to the neighbour but they may ignore it, which is why you may want a Solicitors letter

Alex Watts :

Yes you can say you can complete the work from your side

Alex Watts :

Does that clarify matters?

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