HELP fence illegally erected

hunterslodge0

hi to all my first post please help if u can

my neighbour asked 10 years ago to replace my side of the fence for a taller one at no cost to me i agreed. i rent my house out now and was told last year that my neighbour uplifted the fence and repositioned it on my side of the garden and has taken between 3" - 12" of my garden. the garden is 40 feet long and the fence is bowing in the middle section where he could not take that part because a tree was blocking it. he has built a leanto and a pond on the very edge of the fence and it would be very difficult to put things right. i have taken down a old conservatory i used to have, and now i can see what he has done. i have taken pictures of everything.

i have tried to reason with him with no joy. my solicitor has written letters asking him to remove the fence and i will replace a new fence in the correct position with a survoyers recommadation agreed my both of us but he wont accept that. unfortunatly my solicitor thinks it not wise for me to remove it without going to court and the cost my be between £4,000-£7,000 i dont have that sort of money, and also told me that my garden has not got any boundry lines to indicate exactly where our garden begins and ends. but at least the fence is mine to replace or remove.

i am unsure of what i can do please advice me if you can. many thanks

black-saturn

Look on this site:

http://www.gardenlaw.co.uk/

voodoozoe

Well if it's difficult to put right, it's HIS problem!!! Hopefully it will cost HIM a fortune when you take him to the cleaners over the matter.

Good luck and BE STRONG!!!!!

Tom_Jones

He's in the wrong, get your solicitor to send him a final letter stating a reasonable date to complete the repositioning of the fence, and if it's not completed by this date you will employ a contractor to do the work and seek to recover all costs (work and legal) from him in court.

Just remember if you don't act now he will be entitled to claim the land as his after a period of time, not sure how long the timeframe is though sorry.

Nile

Hello hunterslodge0


Welcome to the MSE site.:wave:

hunterslodge0

albertross wrote:

Your solicitor should advise you on the next step.

3" is not worth arguing about, but 12" is. Ask him to compromise, and move it back at the 12" point.

If he refuses, give him 7 days to comply, or say you will remove it yourself.

unfortunatly my solicitor thinks it not wise for me to remove it without going to court and and cost my be between £4,000-£7,000 and i dont have that sort of money, and also told me that my garden has not got any boundry lines to indicate exactly where our garden begins and ends. but at least the fence is mine to replace.

totalguitar

Wait for the next windy night then watch it fall down as if by magic !

impy78

Do you have legal protection on your home insurance? - they may be able to help you...

tiptoes

my mum and dad had this problem with their neighbour,my dad jsut moved the fences to its rightful place, as they thought that way it was up to the neighbour to take legal action ( they haven't so far), thought they did check with the planning office first to check they were right about thir boundaries. This can be done on line for about £2.50, I think. Hope this been of use.

hunterslodge0

albertross wrote:

If the fence is your responsibility, then you are within your rights to take it down for maintenance purposes..

Have you tried looking at google earth/or buying an old aerial photo from getmapping.com etc.. If the resolution is high enough, you may be able to prove that he has moved it in his favour.

verygood advice thanks

jockettuk

totalguitar wrote:

Wait for the next windy night then watch it fall down as if by magic !

thats exactly what i was thinking ..