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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
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Boundary between 2 residential property I have purchased

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Boundary between 2 residential property
I have purchased a semirural property . There is no fence between my property and the neighbouring property.
I note that neighbour had placed some wooden pegs where he though the boundary should be.
I instructed an official survey which shows that his markings were wrong.
There is a pond towards one end of the roperty
The pond belongs to the neighbour who says that he purchased it ?more than 20 years ago. recent survey has shown pond has extended into my back garden and 2/3rd of it is now in my garden and 1/3rd /the original pond is still in his garden. 2 trees on my side have already fallen into the pond due to it extending towards my garden(during previous ownership). I am concerned that further trees might fall into the pond.
I have handed over a copy of the survey after a long chat with him. He doesn't dispute the survey.
I would like the pond which is now almost overflowing (I suspect this is because it hasn't been taken care of, cleaned or drained properly)to be put back so that I can reclaim my land.
Can I ask the neighbour to ensure he takes steps so that this pond doesn't encroach any further on my land and ask him to put it back by 2 meters by filling it up as per the survey.
I want to put up a fence at my boundary . Is it correct to say that I don't need his permission as I have arranged a survey at a cost to me.
I have given him the option of carrying out his own survey or ask an expert if he disagrees, but he says that , this is how the boundary has always been and this is how he would like it remain in the future
LondonlawyerJ :

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

On the assumption that you are right about the boundary and that your neighbour accepts your assertions about the boundary I would suggest the following. You can put up a fence at the boundary point as long as it does not intrude onto your neighbour's land.

LondonlawyerJ :

As far as reducing the size of the pond is concerned this is much less clear. You bought the land with the pond present when you purchased it. Do you know when it expanded in size? You do not know why it has done os Even if you can pin the reposionsibilit fro it on yur neighbour rather than it being the action of nature.

LondonlawyerJ :

You will probably be stuck with it under caveat emptor.

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