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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My neighbour at the bottom of my garden has taken a portion

Customer Question

My neighbour at the bottom of my garden has taken a portion of land in our garden, removed our fence & is now putting old tins etc in the area. We have asked him to replace it with 2 new panels & was told that "it's no use to you"! I showed him copy of Land Registry plans clearly detailing that portion. We have waited about six months for him to replace it, but so far he has put up two concrete posts & left it. It's true the land is of no use to us as there is a manhole cover about 6' below our garden, but that's not the point! Could you tell me if we can demand him to reinstate our fence please. It does leave us exposed, and we have a dog that keeps barking there because he can see them.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this

Alex Watts :

First by removing your fence this is criminal damage and it can be reported to the Polcie.,

Alex Watts :

He damaged your items and this is illegal.

Alex Watts :

As for getting it back you should write and ask for possession and that the land and fence is reinstated within 14 days or say you will go to Court. Remember to keep a copy and send it recorded delivery

Alex Watts :

If he does not then you can issue proceedings.

Alex Watts :

You need to complete form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

The Court will list the matter for a hearing and decide whether to give possession and make an order for re-instatement.

Alex Watts :

Given that its your land it makes no difference whether you are using it to the Court is likely to grant the order

Alex Watts :

If he does not comply with the order then you could take him back to Court for enforcement

Alex Watts :

This would be contempt of Court if he refuses to comply and could be warned, fined or sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Thank you your replying. My husband said that the actual fence was theirs dividing the two gardens, they said they don't have to replace it, they could just put a piece of string across if they want to! Is this correct? It would be dangerous to leave it like that because there is 6ft drop from our garden to theirs! They did remove the wooden cover my husband put down to cover the manhole and make it tidy. We also put trellis on our side & shrubs because we were exposed but it was not a boundary fence!
Alex Watts :

I see. If it was their fence then yes, there is no need for fence.

Alex Watts :

You can always put a fence your side if you wish.

Alex Watts :

But they can not encroach on YOUR land. Its yours even if you do not use it

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

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