It’s not too late to do anything, he can remove it. I assume it’s not been in place for many years. I mean more than 20 years.
It has been in place more than 20 years he can claim an easement for it to continue to remain in place.
Firstly I will mention that there is no legal convention that property on one side owns one boundary in the property on the other side owns another. There is also no legal convention that the property that has the “good side” of the fence is the owner or vice versa.
Fences and boundary walls can be in 3 positions.
You need to remember that the boundary is a mythical pencil line on the ground.
So the boundary feature (wall or fence) can straddle the boundary line or can be all on your side oral on the neighbour’s side.
If it is all on the neighbour’s side you cannot touch it and vice versa.
If on the other hand it straddles the boundary both of you can attach things to it but neither of you can demolish it without the consent of the other. Nor could it be rebuilt without the consent of the other.
The reason for this is that anything which is attached to the land becomes part of the land. Therefore anything which straddles the mythical boundary pencil line is half owned by one property and half owned by the other and it’s impossible to separate the two.
It actually doesn’t matter who put the boundary feature up, the half which is on the neighbour’s land becomes the neighbours.
Even if there are T marks on the title deeds denoting responsibility for a boundary feature, that only applies at the date the deeds were drawn, things can change later. Although the marks may impart responsibility, it doesn’t put a liability to keep the boundary feature in good repair unless there is a separate covenant stating so.
So he is entitled to have this up to the boundary and no further. Otherwise it is common law trespass and possibly nuisance.
You are entitled, if necessary, to take him to court to compel him to remove the trespass and you can ask the court to award costs against him.
You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.
Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court. Unlikely, but do check.
I am glad to help.
Hopefully, I have answered your query in a way that is simple and easy to understand.
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I am happy to answer any specific points arising from this.
Please be aware that my answer is based strictly upon the information you have given me.
If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.
I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.
You don’t need to do it on this thread, just a new thread. You have me exclusively on this one.