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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 15699
Experience:  I have been practising for 30 years.
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Regarding my recent enquirie, can I take a sledgehammer to

Customer Question

Regarding my recent enquirie, can I take a sledgehammer to the offending fence?
Submitted: 14 days ago.
Category: Law
Expert:  F E Smith replied 14 days ago.

I cannot see the previous question however I think I know which one it is. The short answer is no you can’t. You would risk being arrested for criminal damage.

In fact, it’s not criminal damage because of the fence is on your land, it belongs to you even if they put it up. The problem is that the average Plod doesn’t know land law and that’s why you could end up in court even if ultimately you were found not guilty.

Your remedy is an application to court, to abate the trespass.