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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Want to erect fence on boundary as sons dog has destroyed part

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want to erect fence on boundary as sons dog has destroyed part of the hedge our side ,we are paying but neighbour now says she wants the hedge to stay ,we had informed her there was work to be done but 10 days to go she drops this on us
Hello my name is ***** ***** I will help you with this.
How far does the fence go at the moment?
What is it you would like to know about this please?
Customer: replied 2 years ago.

no fence at the moment just the hedge ,would be 45foot long 5ft high

Ok - what would you like to know please?
Customer: replied 2 years ago.

well neighbour now saying want hedge to stay ,saying roots go onto her side and will sue for damages if we remove it ,we just want to secure the garden so the dog cant get out .so could I go ahead ?

Can you put a fence on your side of the land?
Did they originally say you could remove the hedge? If so, how was this communicated?
Customer: replied 2 years ago.

when we had the other side done last year said it was better ,they had originally asked us about removing it before ,and we said next year .putting up a fence this side is awkward due to the hedge roots

Ok. If it is a joint hedge then yes, both you and they own the roots and potentially they could sue you for loss and damage. This is because it is a joint asset.
However if they agreed last year, then they should not change their mind. I would not suggest going to Court as you have to live with your neighbour and its better off resolving disputes.
In this case I would suggest mediation. This is where you sit down with a mediator and try to come to a resolution. 90% of mediations settle and its not Court.
Can I clarify anything for you about this today please?
Ash and 2 other Property Law Specialists are ready to help you

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