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Ask wingrovebuyer Your Own Question
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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Property Law
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Hi, we have had some real problems with our neighbours. So

we decided to build a... Show More
we decided to build a fence between our gardens. The boundary has traditionally been seen as our neighbours, so we placed the fence on our side of the chain and concrete fence leaving a gap of a round 1 foot between our wooden fence and their chain and concrete fence. Today we discovered that they have removed the chain link and have claimed the space in between the fences. The length is around 20 metres. They have also placed lots of wooded logs in and around our fence to cover the concrete path in which we placed the fence. We have lived in the house for 10 years, with the chain and concrete fence established before we moved in. They have not yet removed the concrete post that show the old boundary. Our fence is 6 feet and was built in December 2013. We tried to talk to our neighbour, but she would not talk about it. But she did say that we needed to check our facts as we have the nice side of the fence facing us. Can you please clarify her remark. Any advice please.
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wingrovebuyer :


wingrovebuyer :

First off, she has no right to "claim" your land, even if you have left it on the other side of your fence. This is a trespass and you can demand she removes her items from your land.

wingrovebuyer :

Secondly, she seems to be under the misapprehension that you are obliged to have the "ugly" side of the fence (ie the posts) on "your side". That isn't true - the posts can be on either side, although when ownership of a fence isn't known it is often assumed that the owner is the one with the posts on their side.

Customer: We have asked her to remove the logs against our fence and replace the boundary. She has refused. We have taken pictures of the. Concrete fence that runs the length of the garden that mark the old boundary and the. Logs in place. What do we next?
wingrovebuyer :


wingrovebuyer :

I recommend you write to her, warning her to remove the items from your land within 14 days or you will issue injunctive proceedings, to get a court order to remove the items and prevent future trespasses. Tell her you'll claim costs against her too. If she doesn't comply, all you can do is see through the threat - this might cost around £3000

Customer: Can we ask her to replace the original boundary?
wingrovebuyer :

Yes, absolutely. You can list your demands for the position to be restored and the trespasses to end.

Customer: Thanks for you advice.