How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Property Law Question Here...
Joshua is online now

Next door tenants dug up and moved boundry line to the fence

Resolved Question:

next door tenants dug up and moved boundry line to the fence on my property ripped off my fence panels then hammered on some screening i asked them to stop explained they was changing the boundry and making me liable for drains ect.. and they needed to wait for the council to put a them a fence back in on the boundry line and not on my property the council are aware of this and im awaiting a response i have prepared a letter asking the tenants for their deeds of ownership and permission to move a boundry line and to provide their liability insurance and what area this covers drains soil pipe i know they dont have the documents am i delivering or getting a solicitor to act for me and going all in crimminal damage trespass theft of my land be it all 8ins wide 40ft long its mine it could potentially cost me alot of of money
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify that the fence belongs to you please - e.g. you erect it?Do I understand that the fence was not on your boundary line but that it was erected inside your boundary line? If so why was this?You mention liabilty for drains - could you kindly expand on this a little?
Customer: replied 2 years ago.

yes i erected the fence on my property away from the boundry line so not to disturb the boundry line for and only metal poles with wire strung across was there and never been maintained when i moved in as tenant 1997 the council never had funds so to keep my children safe i erected a fence with permission as long it didnt interfere with the boundry line and i paid for it. puchased the house on right to buy in 2005 im not responsible for the boundry line i have continued to maintain my fence till tenants dug out the metal poles boundry line disturbed my fence which then i had to mostly replace so i dint get sued or my children attacked by their dogs their is a deeded right of way to my house at the back shared drains and my soil pipe is now wrong side of the boundry line now they have performed a land grab wonder if the tenants want to buy me a new one

Expert:  Joshua replied 2 years ago.
Thanks you for the above. This is a difficult situation. I fully undertand and follow the logic and rational for your erecting the fence where you did however the danger of not erecting a fence on your boundary line is exactly what has happened, that a neighbour may to a greater or lesser extent treat the land that is not enclosed with your fence as their own.The place to start is bby taking pictures as soon as possible to show the location of the boundary structures they have removed so there is evidence of where the boundary was in case there is an attempt now or in the future to claim the land as theirs which can escalate into a full blown boundary dispute in the absence of conclusive evidence as to the trus location of the boundary. In terms of the damage to our fence if the fence was paid for by you then attaching things to it or damaging it without your permission amounts to criminal damage for which you can make a complaint to the police who may warn or prosecute them though sometimes they decline to involve themselves adising (incorrectly) that it is a civil matter. You can however also make a claim for the cost of repairing or replacing your fence if you wish in the county court though if they have no money you may find it difficult to recover any funds from them. If you decide to do this the simplest way to issue proceedings is by using the courts online issuing service:http://moneyclaim.gov.uk/ In terms of relocating your fence you do not have to move your fence but you may wish to consider either doing so or replacing the previousboundary structures they ave removed with some form of replacement do denote the boundary line. Anything you replace the boundary line with would belong to you and if they damage or remove it this again would be criminal damage and liable to civil recovery in the county court as above. Because you now own your property you do not need permission from the council to maintain a fence on any part of your land providing the fence is no more than 2m in height. In terms of drains, you are not liable for any drains that serve more than one property as these have now all transferred to the water companies as of a change of regulations around 5 years ago. You are only liable for the extent of any drain pipe that solely serves your property and this remains the case regardless of which side of the fence the drain may or may not be on so I cannot see that the changing of boundary structures would alter your liability for drains though I may have not fully understood your concern in this respect and if this is the case please do reply back to me to outline your concern in this respect in a little more detail. You should not need a solicitor to assist you in resolving the above though you may prefer it. You may not be able to recover solicitor costs though so tread with care in this respect. If the neighbours are council tenants as opposed to owners then you can make a complaint to the council with regards ***** ***** tenants behavior and the council may give them a warning. Repeated anti social behavior can jepardise a council tenancy. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua and other Property Law Specialists are ready to help you
Expert:  Joshua replied 2 years ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.