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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71042
Experience:  Over 5 years in practice
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Dear Sir/Madam I have a neighbour who has move his fence

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Dear Sir/Madam

I have a neighbour who has move his fence slicing off just under a foot of land from front to back of what I believe is my garden. In doing so he has at on part cut through the roots of a tree and has now forced another part of the fence up against another tree the limbs of which he has now cut and kept.

I have tried to get the deeds and plan of the property to see the measurements but cannot see any measurements as such. The plan edges the garden in read but given no measurements that I can readily see.

I have had numerous low level nuisance ever since I moved here.

I would like to have these issues sorted out as I believe it is now amounting to harassment.

I would be grateful for any advice as to the way forward especially on the boundary issues.

Yours faithfully

P Powell

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

I need to know how to get the actual measurement of the garden and what I can do about the neighbours actions?

Customer: replied 3 years ago.
Relist: Other.
I have not received the answer yet.
There is no way of getting the actual measurements from the Land Registry plans. The width of the boundary line on the plan when put on the ground to scale is about 6 inches wide.

You can seek a temporary injunction to stop him doing anything on the site pending resolution of the boundary issue.

At this stage in time if he is not proposing any new work there is no point in applying for an emergency injunction but what you would do is apply to court for an injunction to make him move the fence but in order to do that, you are going to need some proof of where the fence should be

He is not allowed to keep the branches which he cuts off but should give them back to you if you want the trouble of disposing of them.

If he keeps them, that is theft and it is a police matter.

With regard to where the boundary should be if you have no access to the original builders plans the only way of determining where it should actually be is to get a surveyor to provide a report. The report will be based upon existing features on the ground, physical evidence, any existing plans which are available, and the land registry plan.

He will then give a report which will say where, in his opinion, the correct boundary should be.

If there is going to be an argument over this with the neighbour it would make sense if you were agreed a joint survey between you and agreed to be jointly responsible for the costs and also agreed to be bound by what the survey said.

Expect the surveyor's opinion to cost about £600 plus VAT. At least, that will save you what could be tens of thousands of pounds in potential court costs

If you have house insurance and buildings insurance it may have legal expenses cover that would pay for the legal costs of dealing with this. Check your policy therefore and if you have legal expenses cover, refer this to your insurance company.

Can I clarify anything for you?

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