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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71041
Experience:  Over 5 years in practice.
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Neighbour is rebuilding fence on and coming into my boundary,

Customer Question

Neighbour is rebuilding fence on and coming into my boundary, he is not following is boundary line. What can i do
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

What has your neighbour said in relation to this please?
Customer: replied 3 years ago.

originally last night he agreed to keep to follow his garage wall which is the boundary line. now he has put his fence post 4 inches away from his boundary into my garden. so he is 4 inches into my garden

Expert:  Remus2004 replied 3 years ago.

If he will not move the fence then you are faced with making an application to court for an injunction (and adverse costs) to make him move the fence.

If the fence is not finished you might want to tell the builder that it is in the wrong place and that if he does not stop work or agree to move it you will apply to court for an emergency injunction to stop the work pending resolution of the boundary.

If the fence has already been completed and the neighbour will not move it you are going to have to make an application to court for a court order to make him move it.

I am assuming that there is no dispute over the location of the boundary

Have a look at your house insurance because you may have legal expenses cover that would pay for the legal costs.

Can I clarify anything for you?