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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7071
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My neighbour has just put up a high fence between us, but

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Hello. My neighbour has just put up a high fence between us, but has used the cross rails on my fence to support it. It is much larger and heavier than my fence, posts & rails. Can this be construed as damage to my property?
Nicola Thompson

Dear Nicola

The law is strange in this regard since your neighbour is not liable for potential damage even if damage seems inevitable but only for damage actually done.

As such the best you can do is warn your neighbour that given that their fence is much heavier and larger damage is inevitable and when it does actually occur you will sue for the damage done.

Best wishes


Customer: replied 1 year ago.
Hi Michael
Is not the fact that he has screwed his fence onto mine not considered as damage?

Dear Nicola

Yes but only minimal and not worth pursuing in itself.


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