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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16923
Experience:  I have been practising for 30 years.
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Did what you told me to do,with couple of mates. Got abused

Customer Question

Did what you told me to do,with couple of mates. Got abused videos,and police at my door saying my information you gave me to rip up fence was wrong and if me or another person touches it I will be prosecuted. Freinds are getting threats on fb coz of me. Can i get refund or was information right
Submitted: 7 days ago.
Category: Law
Expert:  F E Smith replied 7 days ago.

I can see the previous question which starts “Hi, I live on an adopted road, two days ago and a erected offence and put through my land.

However it wasn’t answered online and it may be that you received a telephone call, but that wasn’t from me. I can see that it was on 9 September.

I don’t know what you have been told therefore based upon the limited information on the previous thread I will give you my reply.

Anything which is attached to the land becomes part of the land and provided this fence is on your land and there is no dispute that it is on your land, then the fence belongs to you and you can do with it what you wish and that would include removing it.

This is assuming there is no dispute that the land belongs to you.

I don’t whether that’s what you were told or not but if it is, then I agree with what you have been told.

Unfortunately the average plod knows nothing about land law and you might want to go back to whoever you spoke to and ask them on what basis you are not entitled to remove something which trespasses onto your land.

You can show them this answer.

If they insist that you have done something wrong, you need to ask them to refer it to a senior officer who knows what they are talking about.

This article touches on the subject:,the%20ownership%20of%20the%20land.

Drawing an analogy, if a builder fixes window frames into a building and they haven’t been paid for, if he removes them, it is theft because once they are attached to the building they become part of the building.

Your fence is no different.

The argument is over whether the land on which the fence is placed belongs to you and provided you can prove that, then the police are wrong.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.