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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10085
Experience:  30 years as a practising solicitor.
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My landed neighbour has just erected a fence allegedly on the

Customer Question

my landed neighbour has just erected a fence allegedly on the boundary between our land and without mentioning anything to me even though I was out there this morning and spoke to the factor of the estate
Submitted: 11 months ago.
Category: Scots Law
Expert:  JGM replied 11 months ago.
Thank you for your question.
Is the fence on the boundary or does it encroach on your land?
Is there anything in your title deeds about boundary obligations regarding walls or fences?
What size is the fence and how would this interfere with development of your building?
Customer: replied 11 months ago.
i have no idea if the fence is on the boundary or not - my feeling is that - and particularly that I was outside at the time talking to the estate manager - there was a deliberateness NOT to tell me they were putting up a fence and to deny me the opportunity to get anyone - such as a surveyor from my architect's firm - to come out and AGREE the boundary lineI understand the boundary is some 5metres from the steading building
the ground we share there is not used for anything and has lain open for hundreds of years
but my neighbour tried to stop me getting planning permission - told lies to the planning department - all represented on the council website - I have been harassed by him and his workmen ever since he found out about 8 months ago I had put in for planning - and so when all that failed he sent the workmen to come and put up this fence which only runs along the width of my steading and does not join up to anything anywhere so it is quite clearly to make it very difficult for any development people to get the steading worked on
Expert:  JGM replied 11 months ago.
I understand your frustration as detailed in your narrative but can you answer my questions so that I can attempt to help you here.
Customer: replied 11 months ago.
I have tried +Add files to send you a photo of the fence but they won't attach on this forum
the fence is of poles at 4' high with two wires between each and runs for about 50 mtrs
there is nothing in the deeds about an obligation on either part for a fence and the steading dates from circa 1700 so there has never been a fence
Expert:  JGM replied 11 months ago.
If the fence is within planning tolerances and doesn't encroach on your land then I don't think you can stop your neighbour from putting it up. It's on his land and he may be being obstructive or attempting to be so but there's nothing to stop him unless the planners or the title deeds say otherwise.
Customer: replied 11 months ago.
the answer is not what I was looking for - of course he can put up a fence on his land without saying anything to me - it is THAT I WAS OUT THERE SPEAKING TO THE ESTATE MANAGER who knew he was going to put up a fence but didn't say anything to me - so denying me the opportunity to CHECK whether he was putting it on his ground my ground or the boundary - SURELY I HAVE THE RIGHT TO CHECK AND AGREE BEFORE he does that by getting a surveyor from my architect's firm - I thought I would be speaking to a property and land law expert here - but I am not
Expert:  JGM replied 11 months ago.
Please do not be insulting. I not here to give you the answer you are looking for. I'm here to give you the correct answer according to the law and I have been dealing with property issues for 30 years. So, no they don't have to consult with you. If it happens that they are wrong and are encroaching on your land then it is in fact for you to put a stop to that and prove the encroachment, after the event if necessary.
As a matter of law there is nothing which says that a neighbour has to consult with another before erecting a fence on land which they perceive belongs to them. If they make a mistake they will have to pay the consequences by way of payment of damages and removal of the fence but that is all.
Customer: replied 11 months ago.
it was not my intention to be insulting......rude is not my style. I am also a lawyer but in a different sector ........so the things that you have said to me are the most basic and obvious that I would know without ever having studied land law - much of which I remember because of twenty years of living in remote areas and having to know..............the land owner has this morning so far deposited more than six trailer loads of silage on his side of the fence which of course stinks and I can smell it in my house which is on the far side of the steading with the windows and doors all closed. I anticipate he will bring more to create such a mountain that no developer will want to develop the steading and no purchaser would contemplate purchasing - not only for the stench but also because there would be no view with a mountain of silage here. Beyond that, the man has no cattle or any animals down at this part and the open silage heap will bring rats. I have spoken to the architect who cannot believe the pettiness of the man; I have been saying this for months as it is all a harassment campaign but this is becoming considerably more than petty. I have previously spoken to the police who are not interested and think I am delusional. Just a woman living alone who is an easy target for a bully. I expect there are regulations regarding the deposition of silage - and its proximity to another individual's residence (here comes the tractor with another trailer load) for environmental health - and also the proximity to a building with planning consents.............and it will take me time that I don't have to find it out
Expert:  JGM replied 11 months ago.
Well by doing what he has done now, I think you have him. The police won't be interested but the Environmental Services department of your local council will be.
The attached brochure will be of assistance to you:
http://www.gov.scot/resource/doc/37428/0014235.pdf
As well as the council your remedy is to get a court order for implement and damages based on the legislation noted and also the common law of nuisance.

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