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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I both a house in Chigwell -Essex 7 years ago.After few

Customer Question

I both a house in Chigwell -Essex 7 years ago.After few months leaving ther I realised my left neighbour fence is about 1/2 a meter maybe a bit more build into my land ,andpart of my house is in his garden.
What can I do in this situation as many times I mention this to my neighbour is keep saying he both the house with the fence build like that.
It is normal to have part of my house in his garden?
How I can address to fix this?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

What do your deeds say please?

JACUSTOMER-mvzu85e3- : it is just a scheme of my property and my land,but clearly you can see my house in the line with the land
JACUSTOMER-mvzu85e3- : It doesn't show my house in my neighbour garden
Alex Watts :

Ok - so the deeds are correct you would say

Alex Watts :

What you need to do is get a surveyor to look at your deeds, the neighbours and the boundary to see where it should be. The surveyor will then produce a report. This will show you where the boundary is - if it is correct then you may be stuck.

Alex Watts :

If it shows your neighbour is wrong then you can ask him to move it. If he refuses then you can show the report to a Solicitor who can ask him to move it back or say you will go to Court.

Alex Watts :

If the neighbour still refuses then you can issue proceedings declaration as to where the boundary us.

Alex Watts :


Alex Watts :

The report you got from the surveyor can be used in Court Judge to decide where the boundary should be

Alex Watts :

Can I clarify anything about this today please?

JACUSTOMER-mvzu85e3- : Where I can find this surveyor?
JACUSTOMER-mvzu85e3- : They are working councils?
Alex Watts :

You need to look online. You are looking Court approved surveyor

JACUSTOMER-mvzu85e3- : It is possible by law to allow someone house to be in neighbour garden without been this clearly specified in the papers?
JACUSTOMER-mvzu85e3- : How can I have acces if I want to repair my corner of my house?
Alex Watts :

There are laws that allow access .

Alex Watts :

But you should get a surveyor report - this should clarify the position

JACUSTOMER-mvzu85e3- : Ok thank you!
Alex Watts :

Can I clarify anything else ?

JACUSTOMER-mvzu85e3- : No thank you
Alex Watts :

Great. Can I ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

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