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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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Can a neighbour tie wood panels to a fence that belongs to

Resolved Question:

Can a neighbour tie wood panels to a fence that belongs to you. ( the fence is a deer fence ) The neighbour did not contribute to the deer fence fence erection
Submitted: 2 years ago.
Category: Property Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hi thanks for your question. My name is ***** ***** I can answer this for you.

tdlawyer :

If the fence is owned by you (i.e. paid for and put up by you), then you can insist that others do not do anything to you fence (including tie things to it) without your consent. Doing so without your permission would be a trespass on your property and you're entitled to ask them to remove it.

tdlawyer :

If they failed, you could ask the Court for an order requiring them to remove it.

Customer: Can we remove the cable ties ( by cutting ) if he does nothing ? And if we do this and tne panel falls and breaks would we be liable for the costs of the panels ?
tdlawyer :

Technically, he might complain about criminal damage.

tdlawyer :

However, you would say that you asked him to remove them and if he refuses/fails, they you're entitled as a matter of civil law to remove them yourself by cutting them.

tdlawyer :

The police will probably take little notice, but they could in theory get involved if there is a complain about criminal damage. The CPS would not likely take further action if you can show that you had requested they be removed and that this was the only way to prevent this continued trespass on your property.

tdlawyer :

You could issue county court proceedings if you wanted to do it all properly, as this is the "safest" route, because if the court says you can remove them, the police/CPS will simply not interfere.

Customer: So if I sent a rec del letter giving him 7 days to remove them and he doesn't I would be able to show that we had asked and he had not complied and th only way to remove them would be to cut the ties fromour side as we would be trespassing if we entered his property to remove them in any other way ( the deer fence is 6ft high )
tdlawyer :

Yes, I think that would be reasonable, subject of course to you being satisfied that cutting them is the only way to remove them.

Customer: Thank you - I will send rec del letter tomorrow with 7 days notice
Customer: Can also mention the camera he has overlooking our property ?
tdlawyer :

Are they directed to you or do they incidentally overlook?

tdlawyer :

Hello?

Customer: Sorry ran out of charge
Customer: Camera is pointed over my fence which is 6ft Hugh - we placed a fence, panel in front of it and he then raised the camera another foot in height
Customer: I have photographic proof to the Initial camera and then the raised camera once we tried to block th view . If th camera was not overlooking my garden then us putting a panel higher than the 6ft fence should not have been an issue . But once we blocked the view into,our garden he then raised the camera again to look over top of fence and extra panel
Customer: We put our extra panel on top of 2 bins so,that the entire height if the fence is now some 8 ft
tdlawyer :

Okay, if they are pointed directly at your premises, then you may have a claim you can make to the information commissioner for a breach of date protection principles. There is good guidance on this, which I will look for now for you.

Customer: Ty - I will read through this tomorrow - you have been of great help and put my mind at rest that he can't just tie things to,our fence and we do have rights
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience of advising on property issues.
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