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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10225
Experience:  I have been practising for 30 years.
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BOUNDARY FENCE: I erected the fence thirteen years ago.

Customer Question

I erected the fence thirteen years ago. It wasn't established to whom such a burden rested, however the neighbours made no effort to repair or contribute to a replacement fence. To prevent uncertainty I placed the new fence inside the existing boundary (my side). To this day the stakes for the original fence are still in the ground and clearly visible thus marking the land.
A new neighbour has just moved in and wants to replace the panels - with green panels!I don't want this to happen.
I have maintained the fence throughout the last thirteen years and it is in a state of good repair
Can I claim adverse possession with regard to the burden of fencing maintenance and then raise an injunction against the new neighbour?
Can I seek an injunction to prevent this work since the fence is clearly on my property?
Can I simply seek an injuction because I don't agree with the proposed work?
Is there a remedy?
Many Thanks
Steve O'Toole
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.
The fence is on your land on your side of the boundary. It is your fence to do with as you wish. The neighbour has no input into that. If the neighbour wants to do what he wants to do, then he must put another fence up either on the original boundary or on his own side.Adverse possession doesn’t come into it because the fence is on your side.You can seek an injunction to prevent him touching your fence on the basis that it is trespass and criminal damage. You need to also warn him that if he decides to paint it or anything like that, it is criminal damage and you will report the matter to the police. Expect the police to say that it’s a civil matter and not get involved.You may find the neighbour takes more notice of a letter from a solicitor explaining the above.Your house insurance may have legal expenses cover that would pay the cost of the solicitors.Can I clarify anything for you?Best wishesFES