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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10401
Experience:  I have been practising for 30 years.
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Thank you very much for answering my question last night

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thank you very much for answering my question last night about my neighbour going to build decking etc. in his garden and part of my fence near the patio area has sunk on to his soil.You did mention at the end of your answer if there was anything else you could help me with. There is one more question. Part of my fence which starts at the beginning of his side entrance is not in bad condition, but all the bottom of it leans away (it is about 1ft off the ground). He maintains it is in his 'air space'. Any advice please.

The legal rule is Cuius est solum, eius est usque ad coelum et ad inferos (Latin for "whoever's is the soil, it is their’s all the way to Heaven and all the way to hell").

Hence, where ever the infinitely fine boundary line is it continues upwards and downwards as if it were an infinitely thin wall, all the way to the sky and all the way to the centre of the earth.

I can’t quite visualise the fence from your description.

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