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Nicola-mod
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Category: Property Law
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Experience:  Moderator
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I was wondering if you could advise me on the following situation.

Customer Question

I was wondering if you could advise me on the following situation. I moved into my property approximately 8 years ago. The adjoining property was empty and was in probate with the family. One of the family and her husband moved in this year. I have always contacted them regarding any joint issues. I approached them approximately a year ago regarding the shared fence which was half missing and in very poor repair. I told them that I intended on erecting a new fence on my side of the boundary and did they want the old one removing or I could leave it (it was easier for the workmen for it to be removed). She said it could be removed. I had the new fence erected with the concrete posts on my boundary but facing her garden. The fence is 6 foot tall and is of a design which allows the wind to travel through (sort of hit and miss style). I sent her a letter to let her know the fence cost me £700 and did not want anything doing to the side facing her. I got a note back saying she didn't like the fence and I was ripped off.
A year later, she and her husband have this week painted the fence facing them, filled in the gaps of the style of the fence and are planning to erect trellis on the top of the fence (making it higher). I have pointed out again this week that I did not want it painting or anything nailed or erected on the fence. They have refused to listen and have even cut a tie that I had on the concrete fence holding up my apple tree.
Could you advise on where I stand on this situation and what actions I can take. If this was to go to court, would I have to pay court charges. Also, if I plan to sell in the future would this hinder my sale?
Thanks
Submitted: 1 year ago.
Category: Property Law
Expert:  Buachaill replied 1 year ago.
1. Can you better explain the situation. Was the new fence erected upon the line of the boundary? Did the new fence replace the old fence in the exact same position? On which side of the fence are your neighbours painting it? Are all their works on their side of the fence?
Customer: replied 1 year ago.

It erected on my side up to the boundary. No it did not replace the old one in exact place as that was in the middle of the boundary line, the new one was on my side up to the boundary line. The neighbours have painted the side facing them. They have filled in the hit and miss gaps by attaching wood on the side facing their garden thus now making it a completely different style of fence. They are also threatening to put up a trellis on top of the fence presumably by attaching this to the side of the fence facing them as they have done this at the back.

Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Hi I am not really very happy with the service provided and would appreciating ending this question at this time and I would like a refund please since my question has not been answered. Can you please confirm when a refund has been issued. Thank you.

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