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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12086
Experience:  30 years as a practising solicitor.
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My neighbour has erected a fence within their front raised

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My neighbour has erected a fence within their front raised garden...all the cottages along this street all have front raised gardens - stone or brick wall construction (less than 50 cm). The issue is that their fence seriously impedes safe exit from my driveway..I cannot see along the sole pavement of that section. I contacted my local Planning (Scotland) who checked the fence and will not be taking action as the Fence - 90 cm high is built in the raised bed. I have also contacted my local counsellor who acknowledged my predicament and hopes to get roads department to set up a blind spot mirror opposite my drive. My query is ....I have a burden on my title deeds which states " that the fences now erected or which may by mutual consent be erected between my property and the neighbours property shall be mutual.....I have tried on a few occasions to discuss my concerns about the fence with the neighbours but have been summarily dismissed... I have given up trying to talk with them as their response is supercilious and verbally insulting...can you give me any advice?

If the fence has caused a potential danger and the council won't do anything about it. If the fence is mutual in terms of the title deeds then it has been erected without your consent. In addition it is a common law nuisance as it is affecting the amenity, enjoyment and safety of your home. On both grounds you could take your neighbour to court for an order to have the fence removed. You will need to instruct a civil court lawyer on a private basis and seek the costs of the action from your neighbour in due course, assuming a successful outcome. I hope that helps. Please leave a positive rating so that I am credited for my time.

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