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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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Experience:  Experienced solicitor
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Boundary fence problem. We live in a semi detached house since

Customer Question

Boundary fence problem. We live in a semi detached house since it was built in the 1950 which was council which we brought 26 years ago. The rear gardens had boundary fences made out of concrete with wire going through them top middle and bottom of the post. In the deeds it says that we agreed to keep the up keep etc of this fence as it was our boundary fence as shown on the deeds. This state is also included in the documents from the Solicitor we used. We erected a panel fencing and concrete post within our property but still left the concrete boundary fence up. We have new neighbours of some five years plus cant remember when they moved in. They are ow staying this fence is their because a friend said it was and they are going to remove it I have been around to the property and spoken to the male occupant and explained this to him. His wife is adamant its her fence and its coming down and she is going to lay here new decking up to our panels which means she will claim at least a foot of our garden. Her reasoning for this as it will make her new french doors look odd if she does not. What can i do before they start knowcking the concrete fence down i was due to go away this weekend but feel i cannot as my boundary fence which is in good repair and was erected by the council when the houses were built will be pulled down. Also how do we stand it they just remove certain posts or damaged them so they have to be removed deliberately please help thank you
Submitted: 1 year ago.
Category: Property Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
OK so there are 2 issues here. The first is the removal of the fence and the second is the possible loss of land. I suspect that it may be the second that you are most concerned about.
Boundary fence.
Do you really mind if she wants to change this but not move the new fence onto your property? I know it is you duty to maintain it but if she does this, it might even save you some money, and I think you can't even see the boundary fence.
Is a possible solution that she lays a new panel fence along the actual boundary, ie the route of the concrete fence?
If that is acceptable to you then you should maybe try to negotiate this with the wife rather than the husband.
Let me know what you desired result is and then I may be able to give you further answers to assist.
Customer: replied 1 year ago.

No it is not he second issue. the boundary fence runs the wrong lenght of the 30 metres or so. the first part of the garden is fence off for privacy and the second part is were the cars are parked and you can see the fence clearly. they don't want to erect a new fence they want to use are exisiting fence as theirs. The boundary fence has had new mesh fence added to it by us which helps to keep their two small dogs in. I dont need a new panel fence as a boundary as nothing wrong with my panel fencing now and the property will look rather silly with new fences then we have the ownership issue of the new fence if she pays for it. Sorry but i think you have missed the point or i have not explained enough, the boundary fence which has been there sixty plus uears they are going to remove tomorrow which is not their boundary fence then they are going to fix their decking on our land, I dont want the boundary fence down and I dont want to lose land. How come she can take it down when it is not hers?????

Expert:  LondonlawyerJ replied 1 year ago.
Ok sorry I misunderstood.
In that case you should write to them stating the following:
1) You own the boundary fence, not them. Refer to the deeds and your solicitor's advice. (Perhaps quote the relevant clause in the deed or enclose a copy)
2) You do not agree to it being taken down ans replaced.
3) That this fence marls the true boundary and they cannot use land beyond it.
4) That you would like them to confirm that they agree with you and will not take any actions you do not approve of.
5) You could threaten them with legal action if they do not replace the fence and annexe some of your land. (Maybe that it is too aggressive at this stage).
Customer: replied 1 year ago.

Do I include a copy of my land registry map showing the boundary fence etc. If once I have given them a letter( hopefully I can do one today otherwise tomorrow maybe too late) and they still either damage or start to remove the fence or put their decking up to my panel fencing how do i stop them???

Expert:  LondonlawyerJ replied 1 year ago.
It would be sensible to include one.
If they start, practically there is very little you can do. You can try showing the letter to the contractors who may be reluctant to do work subject to a live dispute.
You would be able to bring proceedings afterwards seeking compensation and an order to remove the fence.

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