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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Want to erect fence on boundary as sons dog has destroyed part

Resolved Question:

want to erect fence on boundary as sons dog has destroyed part of the hedge our side ,we are paying but neighbour now says she wants the hedge to stay ,we had informed her there was work to be done but 10 days to go she drops this on us
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
How far does the fence go at the moment?
What is it you would like to know about this please?
Customer: replied 1 year ago.

no fence at the moment just the hedge ,would be 45foot long 5ft high

Expert:  Ash replied 1 year ago.
Ok - what would you like to know please?
Customer: replied 1 year ago.

well neighbour now saying want hedge to stay ,saying roots go onto her side and will sue for damages if we remove it ,we just want to secure the garden so the dog cant get out .so could I go ahead ?

Expert:  Ash replied 1 year ago.
Can you put a fence on your side of the land?
Did they originally say you could remove the hedge? If so, how was this communicated?
Customer: replied 1 year ago.

when we had the other side done last year said it was better ,they had originally asked us about removing it before ,and we said next year .putting up a fence this side is awkward due to the hedge roots

Expert:  Ash replied 1 year ago.
Ok. If it is a joint hedge then yes, both you and they own the roots and potentially they could sue you for loss and damage. This is because it is a joint asset.
However if they agreed last year, then they should not change their mind. I would not suggest going to Court as you have to live with your neighbour and its better off resolving disputes.
In this case I would suggest mediation. This is where you sit down with a mediator and try to come to a resolution. 90% of mediations settle and its not Court.
Can I clarify anything for you about this today please?
Alex
Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex