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SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 5203
Experience:  Director and Principal Solicitor. UK
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I have seen the plans to a commercial property that joins my

Customer Question

I have seen the plans to a commercial property that joins my back fence. It is clear that due to the position of the fence they in fact have claimed a portion of my land. How do I fix this? Please help, Thank you
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no. I am disabled and this has had a severe impact on my mental state. I know I could not handle a big dispute.
JA: Where is the land located?
Customer: Ladywell, south east London. Postcode SE137UN
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No not that I’m aware of
Submitted: 11 days ago.
Category: Property Law
Expert:  SolicitorRM replied 11 days ago.

Good evening, welcome to just answer. I am a solicitor and reviewing your question now for  you.

Expert:  SolicitorRM replied 11 days ago.

Thank you for your patience, I am just finishing off on a call and will be with you.

Customer: replied 11 days ago.
Thank you
Expert:  SolicitorRM replied 11 days ago.

Thank you very much for your patience. I am not quite sure how you are able to say it is clear they have claimed a portion of your land. Unless you have had a survey done and a map drawn to scale the line you see on the Title Plan that is at the land registry is not evidence of where the boundary line lies. It cannot be relied on in court should a dispute ensue. If however you have established that yes they have taken some of your land, you must send them a letter advising them of the same and requesting that they move their fence to the correct postion immediately and in any event within 14 days as they are encroaching on your land without your agreement. Hopefully they agree without putting up a challenge and that would be solved. If they refuse then you will have to apply for an injunction order for the court to order them to move their fence. I would strongly recommend trying to resolve the issue amicably as property claims can soon cost thousands of pounds. If you do not have use of the land you could consider the option of selloing it to them and this you can negotiate with them. If litigation should become unavoidable I strongly recommend that you check your home insurance policy to see if you do not have legal expenses cover as this is a type of dispute they would usually cover and it will save you from battling with your neighbours directly. Any clarification please do not hesitate to send your follow up message. Always glad to assist. All the best.