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Category: Property Law
Satisfied Customers: 549
Experience:  Expert
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I have a boundary dispute with my neighbour on purchasing

Customer Question

I have a boundary dispute with my neighbour
on purchasing there was a deed of variation put in place to confirm the boundaries of the property.
We re-did the fence between our properties, with the neighbour's consent and erected a new fence along the boundary line as in the deed of variation. The neighbour has now sent us a solicitors letter demanding we put the fence back to the original position.
We are also in the middle of selling the property so do not want this to go to court.
Submitted: 17 days ago.
Category: Property Law
Expert:  Inderdeep replied 17 days ago.
Thank you for using just answer i will be assisting you today.
Expert:  Inderdeep replied 17 days ago.

Just a few quick points:

  1. I am a solicitor in England and Wales with experience in a wide range of matters.

  2. I will respond to your enquiry as soon as I am able to. If I do not reply right away please bear with me as it may be because I am dealing with another client or I am offline. I will respond as soon as I am able to.

  3. This is a question based/information sharing platform and i cannot legally represent you or act on your behalf.

  4. I may ask you some clarifying questions to help me answer your question as best i can.

I will now deal with your enquiry and assist you as best i can.

Kind regards

Expert:  Inderdeep replied 17 days ago.

I would suggest utilising the solicitor you have in place to engage with the solicitors for the neighbour and provide them with a copy of the deed and any correspondence confirming consent to the erection of the boundary. Did the deed of variation include a revised plan of the new boundary?

Customer: replied 17 days ago.
The actual boundary did not change but where to orginial fence was did. The original fence was not correct as per the deed of variation and the title deed, the new fence now is
Expert:  Inderdeep replied 17 days ago.

Yes but was a plan attached with the deed confirming the new positioning?

Customer: replied 17 days ago.
Expert:  Inderdeep replied 17 days ago.

Thank you. So the neighbour is disputing what exactly and on what basis are they stating you have to return the fence back to its original position?

Expert:  Inderdeep replied 16 days ago.

If you could provide me with further information i would be happy to help you.

Expert:  Inderdeep replied 14 days ago.

I will close this thread as i have not heard any further, if you require anything further do please come back and we will be happy to help you. Thank you for using our services.