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Hello my name is ***** ***** I will help you with this.
Just to be clear, have you had a survey by a surveyor?
I would always make sure the fence is an inch or so on your side, that way there is no dispute.You dont want to end up in Court spending £20,000 on legal costs for the sake of 1"
But if you do put the fence up and he disputes it, then the neighbour will need to get a survey and sue you. They would need a declaration from the Court about where the boundary is.
But the Court rules say the losers pay the other sides costs as well as their own.
But based on what you have said, I would put it up but make sure its just to your side for the avoidance of doubt.
Can I clarify anything for you about this today please?Alex