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Buachaill, Barrister
Category: Law
Satisfied Customers: 10972
Experience:  Barrister 17 years experience
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My neighbour is claiming a strip of land at the end of our

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My neighbour is claiming a strip of land at the end of our garden actually belongs to her. Her evidence is based on the title plan which shows a sharp diagonal line as the boundary line, yet in reality it is a more gentle curve. We re landscaped the garden last summer and she agreed the boundary at the time. She claims to have consulted a surveyor who has agreed her boundary claims and is demanding we move the hedge we planted and anything else that she says is on her land. She is threatening to just put up a fence if we don't agree and says she has the right to do this. Would she be within her rights to just put up a fence? What would the usual process be in these cases? Thank you.
1. Here, what i would suggest to you is that you write to your neighbour and request a copy of the survey she had carried out and ascertain whether it is correct. Alternatively, or additionally, I would suggest you write to your neighbour and seek that an agreed surveyor survey the boundary and come up with an agreed boundary line on which the fence can be erected. This is the safest and surest way to agree the boundary for once and for all, without the issue ending in a row.
2. Be aware that your neighbour can only erect a fence if it is on the correct boundary line. You can go and get it surveyed yourself but this might end up with different boundary lines. This is why I suggest you both agree on a surveyor who would then survey the lands and agree a boundary. Accordingly, if your neighbour will not speak to you about it, I would suggest you formally write to her. If that fails, engage a solicitor and write a legal letter to her calling upon her to agree a surveyor or else to furnish her survey to you.
3. Ultimately, Tamara, the issue of a few feet one way or the other is not going to make or break you or your neighbour. However, any form of legal dispute over the boundary line is going to cost you both financially and in your time spent on it. So seek to agree something rather than have a Mexican stand-off which appears to be occurring at the moment.
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