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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My mother has died lived in a bungalow, new next door neighbour

Customer Question

My mother has died lived in a bungalow, new next door neighbour has fenced, moving the boundary 18 inches onto my mothers property. have i the right to send in a tradesman to take up the fence and erect a new fence in the correct place, i have read the deeds and there is no size quoted. *****@******.***
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 : Has he moved the fence or put up a new one please?
JACUSTOMER-11dnsl6w- :

He has put up a new fence as the one which was there before blew down 3 years ago. but the old owner of the property died ,so therefore it never was rebuilt.

Alex Watts : Ok. Let me look a few things up
JACUSTOMER-11dnsl6w- :

thank you. jenny

Alex Watts : Ok. If it was an existing fence then you would have been ok and just moved i
Alex Watts : it
Alex Watts : The difficulty you have is with the new fence if you damage it, that is criminal damage and you could be prosecuted.
Alex Watts : What you can do is get a solicitor and write and ask that he moves it or say you will go to court.
Alex Watts : If he refuses then you could go to court and seek an injunction to get him to move it.
Alex Watts : If the court grants the injunction and he still refuses, he would be in contempt of court.
Alex Watts : Then he would be liable to be warned, fined or sent to prison.
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts :

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


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