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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10091
Experience:  30 years as a practising solicitor.
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I have built a fence on my property and my neighbour continues

Customer Question

I have built a fence on my property and my neighbour continues to pile rubbish, logs of a tree he has recently cut down, chairs, bricks and about 12 inches of soil all up against my fence, although relations between us has never been good, when he cut the large tree down a couple of weeks ago he left part of it lying in my garden, I gave him the opportunity to move it as I said nothing to him for a few days but he continued to work in his garden an made no attempt to move it so I moved it back into his garden as it was across my drying green, it was after that he cut it into logs and piled them against my fence, I asked him not to put anything against my fence and he became abusive andstarted shouting and swearing and throwing the logs at my fence and said that side of the fence was his and he could put what he likes against it, the area between the properties was communal before I put the fence up but both properties are bought, what I would like to know is does he legally have the right to use ,abuse and potentially damage the other side of my fence if he wants, does that side of the fence become their property or is it still mine and do I have the right to tell time not to put anything against that side of the fence.
Submitted: 1 year ago.
Category: Scots Law
Expert:  Josh-2010 replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask roughly when you put the fence up please and if the neighbour disputed the fact would you be able to prove the fence was paid for by you?
Customer: replied 1 year ago.

Hello Joshua, I put the fence up about 6 years ago, it's on my property and I'm sure I could provide proof if it was an issue, but I really don't think they would dispute that, as he said to me during our argument "you put the fence up and defined the boundry so that side of the fence is yours and this side is mine" I also live in Scotland as I see you are based in England

Thanking You Jo.

Expert:  Josh-2010 replied 1 year ago.
Thank you for the above. My apologies I have asked that this is transferred to the Scottish law category whereone of my colleagues will be able to assist you.
Best wishes
Expert:  JGM replied 1 year ago.
Thank you for your question and good morning. I am a solicitor in Scotland. My English colleague has kindly passed your question to me.
Can I ask:
1. What, if anything was there before the fence?
2. Is the fence constructed on the boundary line between the properties or is it within the boundary of your property?
3. Do you have access to your Land Certificate for your property if I had to ask you to have that scanned and emailed to me?
Customer: replied 1 year ago.

Hello and thank you for replying to me. In reply to your questions there was no boundry between the two properties, I live in a semi-detatched and we have communal stairs between the properties which we both used to reach our drying areas, about 6 years ago I erected a fence up to the drying area and built stairs in my garden to access the top of my garden as it is on different levels, but the fence is 100% in my garden, there is about 6inches [15cm] or so behind my fence at the bottom level that is the back of my property, and around 2feet [60cm] at the top level that was my garden, but the neighbour now uses these areas to store rubbish,bricks ,logs,garden chairs etc and stacks them against my fence,he says that side of the fence is his and he can do what he likes,he is now about to lay some slabs and has piled about 12inches of soil/dirt against my fence to lay the slabs, this soil if wet will rot the fence,I have nothing against my fence at my side in order to preserve it. I do not have access to my Land Certificate as it will be with the Mortgage Co. I may be able to get a copy but I'm not sure if that is possible, but I could find out, I hope this helps, and thank you again, Jo McAulay

Expert:  JGM replied 1 year ago.
If the fence is inside the boundary between the properties and wholly on your land as opposed to along the common boundary, then your neighbour does not have a right to touch the fence nor does he have a right to use any residual strip of ground on "his" side of the fence to put down slabs or for any other purpose.
Nor is he allowed to do anything which is liable to damage your property or cause a nuisance to you.
Your remedy is to have your solicitor send a letter to him. If that doesn't work your remedy is to apply to the court for an order preventing him from doing any of that.

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