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propertylawyer
propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 285
Experience:  Property solicitor with expertise in commercial and residential property transactions.
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My neighbour is building an extension and wants to remove

Customer Question

My neighbour is building an extension and wants to remove the partitioning fence which I consider to be mine, can I stop him from doing so or am I entitled to compensation if he removes it. Also do I have to let him use my land to erect scaffolding for the said extension.
Submitted: 1 year ago.
Category: Property Law
Expert:  propertylawyer replied 1 year ago.

You will need to establish that the fence is yours. Does your title deeds confirm this? If so, the neighbour cannot remove it without your consent.

You do not have to allow your neighbour to out scaffolding on your land but do bear in mind that there is a statute, access to neighbouring land, which allows a court to grant access, including erection of scaffolding, in certain circumstances. This is mainly to carry out works to existing buildings.

Any further questions or queries?

Customer: replied 1 year ago.
No further questions as I do not know if fence is on deeds because bank holds them. All panels face my property so I assumed when I purchased it that they were mine + part of the sale . Thanks for your help.
Expert:  propertylawyer replied 1 year ago.

Fences are tricky as they were not always adequately dealt with. You can buy a copy of your title from the Land Registry, £6, maybe they hold an old conveyance or transfer with a plan showing a T mark.

Other than than it is difficult to establish who owns the boundary fence.

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Many thanks.

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