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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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When we moved into our house 4 years ago our neighbour already

Resolved Question:

when we moved into our house 4 years ago our neighbour already had an open fence of 4ft ajoining our garden from the back on the right hand side..... they now want to put a higher blocked fence there. I have tried to compromise with them regarding this matter but all they say is that it's their garden and they'll do as they like.... Can I object to concrete footings on small area of my garden
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Just to be clear the footing will be on your land?
Customer: replied 1 year ago.
yes
Customer: replied 1 year ago.
what can I do?
Expert:  Ash replied 1 year ago.
Ok, then you can object to it. If they start to work you can seek an injunction to stop them. But the area would need to be more than currently is on your land.You would need to complete forms N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfAnd N16a:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdfThe Court will set the matter down and decide whether to grant an injunction. If the Court does and the neighbour breaks it, this could be contempt of Court which they could be warned, fined or sent to prison.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
What do you mean more than is currently on my land ?
Expert:  Ash replied 1 year ago.
If there is currently footings across the border, they can remain. But if not then they cant put newer footings on your land that occupies more land than before.Does that clarify?Alex
Customer: replied 1 year ago.
Yes thanks ! from the back of my garden looking back towards the house am I responsible for the right or left ?
Expert:  Ash replied 1 year ago.
Unless its in your deeds, its a joint boundary. Does that help?Alex
Customer: replied 1 year ago.
So it needs to be a joint decision for any work to take place ?
Expert:  Ash replied 1 year ago.
Yes, unless otherwise noted in your deeds. Or marked on the title plan with a T.Does that clarify?Alex
Ash and 3 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank Alex !!!
Expert:  Ash replied 1 year ago.
Thank you! Good luck. Alex