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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a boundary issue with my next door neighbour which

Resolved Question:

I have a boundary issue with my next door neighbour which has been ongoing for a year after I moved a section of fence to where I believed the correct boundary was (the fence had been moved across onto my property in 2007). A surveyor was employed and he confirmed the section of fence I moved was in the correct place and the remainder was in fact to far onto my property. I informed my neighbour of my intention to move the rest of the fence which resulted in him getting his solicitor to claim I was the one trespassing which I disputed and pointed out the surveyors report. I had no further communication from them since last September so I wrote to inform my neighbour of my intention to move the fence which he has now stated I have no authority. my question is are there any legal reasons why I cannot move the remainder of the fence as I believe they are waiting until they can claim adverse possession of the land.
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 you have a surveyor report, have you shown this to your neighbour please?
Alex

Customer: replied 1 year ago.
Hi Alex,
The surveyor was employed by both of us (sharing his fee) and we both had a copy of the report but it seems he now does not want to accept this
Expert:  Ash replied 1 year ago.

OK - then yes you can move it. You have a surveyor report in relation to it.

The neighbour would need an injunction to stop you - you have a report, this shows you own it

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
would he have to go to court to prevent it? (i.e. get an injunction)
Expert:  Ash replied 1 year ago.

Yes that is correct.

Does that clarify? Alex

Customer: replied 1 year ago.
thanks Alex
Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex

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