HELP fence illegally erected

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.

thanks so much i can see it on google execellent surgestion thanks again.

myrnahaz

According to my little book from Tesco called 'Dealing with nuisance neighbours' (Reference ISBN 1 904053572, £3.99), it says that "A physical boundary structure (ie a fence) belongs to the owner of the land on which it is situated".

Unfortunately, the book also says that if he can prove he did this work 10 years ago, then he'll have gained squatters rights and you can do nothing about it.

I'm sure you'd find out more if you type 'boundary disputes' into a search engine.

wanttosave

hi all . the only advice is to send for a copy of you neighbours land registry will show scale of plot of land . and send for a copy of yours as well . then you will have hard evidence to ask them to move it back . it will have there signature on it . hope this helps

seabreeze_3

are you a member of a union ie t&g if u are they can help with legal costs and advice as well they usally have a helpline number have a chat with your union rep

hunterslodge0

wanttosave wrote:

hi all . the only advice is to send for a copy of you neighbours land registry will show scale of plot of land . and send for a copy of yours as well . then you will have hard evidence to ask them to move it back . it will have there signature on it . hope this helps

thanks that makes alot of sense to me and will attempt to do this.

wanttosave

hi hunterslodge0 . let us know how u get on .

shelly

Do the people you now rent to have any children or dogs? If not and the fence is now yours to remove or replace I'd remove it and leave it at that.

hunterslodge0

wanttosave wrote:

hi hunterslodge0 . let us know how u get on .

yes will do but might wait a month before i do anything due to cold weather

hunterslodge0

shelly wrote:

Do the people you now rent to have any children or dogs? If not and the fence is now yours to remove or replace I'd remove it and leave it at that.

yes there have a child but no pets. my neighbour cleverly has run a electrical cable along the side of fence so making it very difficult to remove the fence.
and also the fence it self belongs to my neighbour as he replaced my smaller fence for a taller fence.

DO YOU THINK I CAN JUST REMOVE THE FENCE ALL TOGETHER AND LEAVE IT FENCE-LESS. WITHOUT GETTING MYSELF IN ANY TROUBLE WITH THE LAW ?

thanks very much.

Doonhamer

The thing to decide is whether or not it is in your garden. If you're confident that it is and that you can defend this position in law you can remove it. It is no different than if he stuck something right in the middle of your garden, either it is on your property or it is not.

But you have to be careful that removing it does not cause another act that is illegal like breach of the peace. Also try not to damage it too much and make sure and return it all to him.

Try and document as much as possible, take photos, film if you can, get land register documents, original plans, developers missives, old photos, ask previous owners, etc.

If in any doubt get legal advice.