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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16937
Experience:  30 years as a practising solicitor.
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Do you deal with scottish law? I'm a highland council

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hi, do you deal with scottish law?
JA: Have they talked to a lawyer about this? What country do they live in? If different, what country does this legal question relate to?
Customer: I'm a highland council tennent my neighbour has bought his council house and there is a dispute over the boundary fence, it's a bit more complicated than it sounds
JA: What steps have you taken so far?
Customer: I asked the council permission to build a new fence on the original boundary line, the council was responsible for the back fence which they did. But does not take responsibility for the boundary between neighbours. The original boundary post was in place so using that we preceded to build a new wooden fence ali
JA: Anything else you want the Lawyer to know before I connect you?
Customer: along that line. But our neighbour is taking action against us because we didn't ask his permission. He also has built a new fence which starts off with enough distance from the original boundary but runs at an angle and not parallel to the original boundary line. so he now can't get to the side of his fence to paint it. He has accused of us moving the boundary post but is obvious we have not.

Thanks for your question. I am a solicitor in Scotland and can help you with your question today. As I understand your narrative you replaced the boundary fence but your neighbour has constructed his own fence within his own boundary?

Customer: replied 1 year ago.
The coucil replaced the back fence, they dont do boundary between neighbours. We followed the original boundary line. His fence runs at an angle. Prior to this the tenents before us in this property had a fence that ran short of the boudary and was in much needed repair, hence us asking the council permission for new fence. Our neighbour who has bought the ajoining ex council house is not happy as he thinks we have moved the boundary and replaced the original boundary post which we have not, he says he now cant get in to paint his fence whuch ge can firm the rear. But if he ran his fence parallel to the original boundary line there would be no problem.

If he bought the house he will have a plan of his plot. I assume the plan will not show the boundary at an angle. His title may not be registered depending on how long ago he bought the house but if you want I can try to look for it in the Land Register to which I have direct access. You would need to let me have the address of his house.

Customer: replied 1 year ago.
I'm not completely certain when he purchased his council house but in the region of 12years maybe?. His fence was constucted around 5 years ago I think? It doesnt run the full length just the back corner. I am 11 Fascally Cottages Brora. KW9 6NF the neighbour in question Tom Dodds is number 12.
Customer: replied 1 year ago.
Not to be confused with 12a.

Here is the title plan showing the boundary between the two properties.

I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.

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Customer: replied 1 year ago.
Brilliant. Thank you.
Customer: replied 1 year ago.
Hi again. Okay so it apprears my new fence is running nicely along the original boundary, so does my neighbour have any legal standing against us?
Customer: replied 1 year ago.
Hi again. Okay so it appears my new fence is running nicely along the original boundary, so does my neighbour have any legal standing against us?

No he isn’t entitled to interfere with the boundary between the two properties.

Customer: replied 1 year ago.
Amazing. Thank you so much for your help. Its been a pleasure.