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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10587
Experience:  Barrister 17 years experience
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I may have been encroached the n to a neighbours land can he

Customer Question

I may have been encroached the n to a neighbours land can he remove my fence and remove any structures or plants and re erect a fence on boundary and charge me for costs and work done
Submitted: 1 year ago.
Category: Property Law
Expert:  Buachaill replied 1 year ago.

1. Dear *****, if you have a boundary issue here, the first thing I would suggest is that you get an Expert from the Royal Institute of Surveyors to survey the boundary, using geolocation mapping to definitively establish the boundary in the correct position. Then, you should agree jointly with your neighbour to co-fund the erection of a fence on this position.

Expert:  Buachaill replied 1 year ago.

2. If you have mistakenly encroached upon your neighbour's land and built a fence in the wrong position, the law will not foist costs and charges for work done, on you, in placing the boundary in the correct position. So long as the fence was mistakenly put in the wrong position, you won't have to pay charges to remedy it. The onus will be on both parties to establish the correct position and put a fence there.

Expert:  Buachaill replied 1 year ago.

3. However, be aware that if the fence is in the wrong position, it can be removed and a fence placed in the correct position. But there won't be costs and charges levied against the person who put the fence in the wrong position.

Expert:  Buachaill replied 1 year ago.

4. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 1 year ago.
Good I tuink
Expert:  Buachaill replied 1 year ago.

5. Please Rate or Accept the answer please.