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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 11190
Experience:  Senior Associate Solicitor
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What rights do I have regarding a misplaced fence, I had a

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What rights do I have regarding a misplaced fence
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I had a survey done they say it’s over by 9 inches
JA: Where is the property located?
Customer:*****Binley coventry
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Have asked to move it several times

Hi, this is Jim, thank you very much for the question - I will do my best to resolve this for you today.

If the survey confirms the fence goes over in to your boundary, the neighbour is currently trespassing. As such you can apply to the local county court for a civil injunction.

However, before you do this, send the neighbour a cease and desist letter to warn them of your intentions unless they agree to move the fence back (and give them 7 days to confirm they will do so). A template “cease and desist” letter is available at https://www.lawdepot.co.uk/

If you go to the search box in the top right corner of the site, it will bring up a list - you want the "general" letter.

You can use your own letter if you wish - it just has to make it clear this is a cease and desist letter, that you demand they stop the trespass, and that if they do not confirm they will move the fence back within 7 days you will apply to the court for the injunction and seek your costs.

That letter may well be enough to stop the conduct - as an injunction is a serious legal remedy.

Assuming they continue, you will need to complete the application for the injunction and send to your county court with a fee of £308 payable to HMCTS (unless you have a low income/low savings and/or you are in receipt of benefits in which case you can get a fee exemption so you do not have to pay).

For a fee exemption you need to check your eligibility here:

http://www.gov.uk/get-help-with-court-fees. If you do not qualify for the fee exemption, you can pay either by cheque or attend the court and pay at the counter. You will need to prepare a witness statement to accompany the form.

You will need to detail the history of the issues with the neighbour to paint a picture for the Judge as they will not know what this neighbour is like and what they have done to you unless you describe it.

If the injunction application is successful you can ask the court for a costs order to be paid by the neighbour.

The court will list a hearing where you attend and ask the District Judge for an order and the injunction. The application would be made under the tort of trespass. You can attach the survey report to the application.

If granted, the Order is then served on the individual concerned and they are bound by the court order - if they breach the order, they are in contempt of court and could well face a fine and a prison term.

The cease and desist letter may work so you may not need to apply but if you then I recommend you go to the court in person with the forms to ensure they are correct - they are fairly complex so it would save time by you doing this - the court staff should check them before they issue the papers.

If you do need to take that step and apply for the injunction, please come back here as I have the forms required.

I hope this helps - please feel free to ask me anything else.

Have a good day,
Jim

JimLawyer and other Property Law Specialists are ready to help you
Customer: replied 2 day ago.
Regarding my question earlier over a dispute over boundary lines.It involves the positioning of the boundary fence between the rear vehicular access of my mine and my neighbours property in hothorpe close ,with the abutting property to the rear*****This is a vehicular access to the rear of our property which currently serves garages in the rear gardens of these houses in hothorpe close.Only hothorpe close properties have rights of way to use this vehicular access.This access area according to the deed plans and surveyors report should be 10 foot wide However the fence that has been replaced by*****has compromised this to just over 9 foot leaving both us and our neighbour with reduced width and created awkward manoeuvring hence causing damageto our vehicles.

Thanks, ***** ***** and something needs to be done about this. The injunction may be required unless your neighbour sorts this out. You may prefer to have a law firm write to them (as opposed to your own letter to them) as it would be more persuasive and especially in relation to legal costs, would be more threatening - it may work anyway.