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Category: Property Law
Satisfied Customers: 33999
Experience:  Barrister at Self Employed Barrister
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I own a semi detached house which has a front garden& lawn

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I own a semi detached house which has a front garden& lawn separated from the adjoins property by a path. Having lived here for 28 years I understood the path and everything the other side was my neighbours but the lawn & flowerbed were mine. None of the previous occupants have had issue with this. The plan on the property deeds looks to show that the flowerbed constitutes my property. Have can I determine the exact boundary. Also the same neighbor has attached his washing line across several of the fennec post in my back garden without permission . This fence is mine. Am I able to request they remove this as I do not want damage done to my fencing.
Assistant: Where are you located? It matters because laws vary by location.
Customer: England, do you require exact location?
Assistant: Has anything been filed or reported?
Customer: There has been a separate incident of abusive behaviour from the neighbors to myself as they were removing an ornamental rock from my flowerbed, which I asked them to stop. The police went and spoke to them , but did not take matters further as I had no witnesses. The reason for my query is that said rock has disappeared and they are the only ones who have had issue with this. The told the police they think part of the lawn and flowerbed is there’s but have not sent anything to me to that effect. I also have not filed anything as I am unsure what needs to be done.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: Not at this moment.

The starting point for these types of disputes is to look at the plans for both properties and to see where the boundary line is from the plans. I would also if there is a dispute to instruct a chartered surveyor to inspect the boundary and prepare a report. They can look at the various boundary lines and provide a report setting out the line. If there is any trespass by them on any part of your line (even with a washing line) then you can ask them to remove and again I would be minded to put it in writing to protect yourself going forward. happy to discuss and please rate positive.

Customer: replied 6 months ago.
In terms of putting it in writing, is there any template or wording that should be incorporated, so as to ensure ido this correctly with regard to asking them to remove the washing line from my fence posts. Should I ask it be done immediately or provide a date by.

There is not really a form of words. I would simply state that it your boundary and this is a technical trespass and you do not give permission for same and as such it should be removed immediately. I hope that this helps and please rate.

Customer: replied 6 months ago.
to clarify, the boundary at the front of the property, I should engage a property surveyor to produce a report, but as the fence boundary at the rear of the property is clearly indicated on the title deeds, I can instruct them to remove it immediately by letter. Does or should this go through a solicitor or not at this stage. Would I mention I have sought legal advice.

Yes that is right. You do not need to go through a solicitor although it is worth checking whether your house insurance covers this type of dispute.

Customer: replied 6 months ago.
Thank you, ***** ***** check my policy.

My pleasure and please rate positive. I can still help.

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