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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I returned home yesterday from work to find a small decorative

Resolved Question:

I returned home yesterday from work to find a small decorative (10 inches high x 1 inch wide) fence between my home and our neighbours had been removed and replaced by a 4 foot concrete and wooden fence (6 inches wide)
In fitting the fence part of a shared pillar (between front garden wall) had been cut away, a foot of my border plants had been removed, other plants had been trampled down, a climbing rose had been removed from my front wall and bent beyond repair and fixtures had been attached to the front of my property
I believe the fence is impeding on my property
What can I do?
She stopped talking to us a year or so ago because she wrongly thought that ivy was going into her back garden from our garden - it is going into her garden from a commercial company behind our property and into ours I might add
We like it and have every had reason to discuss with the company
Her gardener investigated and informed her she was incorrect but she has continued to blame us
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 :

For now please let me know whether you have had a survey done to establish the boundary please?

Customer: The deeds are with the bank
Alex Watts :

Ok - this is what you need to do

Alex Watts :

1) It can be reported to the Police if any of your property has been damaged

Alex Watts :

This is criminal damage/

Alex Watts :

Even the plants that have been removed or trampled on is criminal damage

Alex Watts :

The Police can investigate and prosecute if appropriate

Alex Watts :

2) You should get a survey done, but the surveyor will need to see the deeds

Alex Watts :

From this the surveyor can assess whether or not the border is in line with the deeds

Alex Watts :

The surveyor will produce a report. if it is not in line with the deeds you can get a local Solicitor to write and ask that it is removed back or you will issue proceedings.

Alex Watts :

If they do not then you can issue proceedings and seek a declaration from the Court as to where the true boundary is

Alex Watts :

The Solicitor can use the surveyor report as evidence in Court

Alex Watts :

But these are the steps you can take, first to report to the Police and second to get a survey done

Alex Watts :

Can I clarify anything about this for you today please?

Customer: No that is really helpful, thank you
Alex Watts :

Great. Can I help with anything else today?

Customer: I had hoped she would have been reasonable and just repair the damage to the flower bed but that doesn't look likely
Alex Watts :

Yes indeed. Its a shame neighbours can be like this

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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