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chatham-chamber
chatham-chamber, Solicitor
Category: Property Law
Satisfied Customers: 13344
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I have approx 35ft driveway. I share a boundary at the edge

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I have approx 35ft driveway. I share a boundary at the edge of the driveway with my neighbours garden. He has built a porch on the boundary with a large window which directly overlooks my property. The wall of the porch is actually built into the boundary posts. He also has a hedge which is approx 10ft long which is on / over the boundary. I wanted to erect a fence on the boundary but the neighbour refused to remove the hedge. I erected a fence 5 inches behind the boundary posts on my property. The neighbour has died and his son is selling the property. I have removed the fence in the hope of putting a new one up in the correct position when the property is sold. His son says that where my fence was (5 inches behind the boundary posts) is the boundary and that I must put it back where was. He is seeking legal action. Where do I stand?

Hi,

Thank you for your query. Have you had a surveyor visit the site and ascertain the extent of the boundary?

Customer: replied 2 days ago.
No I havent

Hi,

I would suggest that you first invite a surveyor to visit the site and ascertain the true extent of the boundaries. Once you have this information, you can challenge the neighbour and demand that the fence be reinstated in its correct position.

As it currently stands, without this information, you have a difficult task in proving the boundary lines.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

chatham-chamber and other Property Law Specialists are ready to help you
Customer: replied 1 day ago.
If my neighbour wants to put up a fence on the boundary once the boundary dispute is resolved - can I refuse and leave as is with no fence?

Hi,

You cannot stop them putting up a fence on their side of the boundary line