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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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UK Property Law My neighbour took down a fence which separated

Resolved Question:

UK Property Law

My neighbour took down a fence which separated a small piece of land which formed part of my property such that the land is now fenced off so that it appears to be part of my neighbour's land. I currently cannot access this land unless I remove part of the new fence. This took place 6 years ago when I agreed for my neighbour to organise a new fence which I would pay for. My neighbour organised the fence but did not have it erected completely as it was previously. Whilst I recognised the error at the time I failed to do anything about it due to other more pressing activities and time just passed by. I have no photographs of the old position but the titled property deeds clearly support my view.

The titled deed clearly shows this piece of land is within my boundary (the red line). This dispute is not about the exact position of the fence but is about whether the land was ever part of my property. My neighbour is claiming that the fence is where it has always been.

What are the implications if I simply erect a new fence in the position I believe it was in before?
Has my neighbour obtain a legal right to the land due to my failure to act earlier?
If I put the fence back up what can I do if my neighbour threatens to take it down again?

Your expert advice would be much appreciated.

Regards,

J
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 : Is it his or your fence? Did he purchase the fence with your money please ?
Customer:

Hi Alex,

Customer:

The Fence is my responsibility and I paid for it but the work itself was organised by my neighbour.

Customer:

I paid the gardener via cheque but I had no face-to-face dealings as I work away from home quite often.

Customer:

For clarity, I have responsibility for the boundary fence as per the Titled Deeds and the fence was purchased with my money.

Alex Watts :

If you paid for the fence then it belongs to you

Alex Watts :

You can move it - it is your poperty

Alex Watts :

* property *

Alex Watts :

If the neighbours threatens to do anything it would be criminal damage

Alex Watts :

It is your fence, you paid for it

Alex Watts :

If your neighbour takes it down report it to the Police

Alex Watts :

They may say it is a civil matter, but it is not

Alex Watts :

if he damages your property it is an offence

Alex Watts :

But sadly you may need to go to Court and have a Judge declare where the boundary is

Alex Watts :

It may be worth you getting a surveyor report to examine the deeds etc

Alex Watts :

He can provide an expert report which can be used in Court.

Alex Watts :

You can show this to your neighbour if it assists your case to show that the law is on your side

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Good evening Alex,

Customer:

Many thanks for your response but I do have one part of my question which you have not yet answered.

Alex Watts : Hello
Customer:

Are there any time constraints that I should be aware of because I have done nothing for approximately 6 years. My specific question buried inside the rest of my text was as follows: "Has my neighbour obtained a legal right to the land due to my failure to act earlier?"

Customer:

Many thanks,

Customer:

J

Alex Watts : No time constraints because it is your land.
Alex Watts : He can not claim it until it is registered with him at the land regsistry.
Alex Watts : Does that help?
Customer:

Yes...so assuming there is no debate on the exact position of the fence "I can simply go and put it back up"

Alex Watts : Yes.
Alex Watts : Does that clarify the position?
Customer:

Many thanks Alex,

Customer:

Enjoy the rest of your evening and I now consider this question closed.

Customer:

J

Alex Watts : If the system won't let you please do say.
Alex Watts : If you need more help please click reply.
Alex Watts : If this answers your question might I invite you to rate my answer.
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