How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
Type Your Property Law Question Here...
Ash is online now

My mother has died lived in a bungalow, new next door neighbour

Customer Question

My mother has died lived in a bungalow, new next door neighbour has fenced, moving the boundary 18 inches onto my mothers property. have i the right to send in a tradesman to take up the fence and erect a new fence in the correct place, i have read the deeds and there is no size quoted. *****@******.***
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Has he moved the fence or put up a new one please?
JACUSTOMER-11dnsl6w- :

He has put up a new fence as the one which was there before blew down 3 years ago. but the old owner of the property died ,so therefore it never was rebuilt.

Alex Watts : Ok. Let me look a few things up
JACUSTOMER-11dnsl6w- :

thank you. jenny

Alex Watts : Ok. If it was an existing fence then you would have been ok and just moved i
Alex Watts : it
Alex Watts : The difficulty you have is with the new fence if you damage it, that is criminal damage and you could be prosecuted.
Alex Watts : What you can do is get a solicitor and write and ask that he moves it or say you will go to court.
Alex Watts : If he refuses then you could go to court and seek an injunction to get him to move it.
Alex Watts : If the court grants the injunction and he still refuses, he would be in contempt of court.
Alex Watts : Then he would be liable to be warned, fined or sent to prison.
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

If the system won’t let you please click reply.

Please bookmark my profile if you wish for future help: