Can i take down neighbours fence?

lauras3

Hi,
I hope i am clear in my question and asking for assistance!
So... boundary lines and fences and what to do.
We live in a maisonette downstairs has rear garden, we (upstairs) have front garden and some rear access for washing line. Downstairs has a five foot fence with concrete posts for there garden and is two feet past next doors fence line. So the question can i ask them to take down their fence? Or can i take it down as its affecting my boundary?
Their fence is up against our shed with no gap and i have no washing line as the fence is where it should be. Their fence is not inline with any other neighbors garden along our road they have gained two extra feet. It is causing me problems with washing as i have no where else to put it! All other neighbors on top floors have there washing lines but not us.
My neighbor rents out her property through estate agents, she left no address or contact. I have tried numerous times the estate agent to pass on my details but heard nothing do i now just take down her fence to gain my boundary back? Just not sure where to go or what to do!
any advice please

Guest101

If you take down his fence you could be charged with criminal damage and theft.

You need to go to court and get an order to have the fence taken down and repositioned.

Angelicdevil

Check your neighbours details on the land registry site (http://www.landregistry.gov.uk), they may have their correspondance address listed on there.

I think it's £4 for title deeds.

stormbreaker

You wouldn't be charged with theft as you would not be stealing(providing of course you just left it behind in their garden.)There is a slight chance of being charge with vandalism, however boundary fences are dealt with by civil courts so unlikely the police would get involved!

olly300

Angelicdevil wrote: »

Check your neighbours details on the land registry site (http://www.landregistry.gov.uk), they may have their correspondance address listed on there.

I think it's £4 for title deeds.

If the maisonette is not share of freehold then see if you can find out who the freeholder is.

Then contact them.

thelem

Do you own the maisonette? Is it leasehold or freehold? If the land has been legally divided (e.g. through the lease), then is the fence on your land or their land?

G_M

Downstairs has a five foot fence with concrete posts for there garden and is two feet past next doors fence line. So the question can i ask them to take down their fence?

I don't really understand this.
* you want to take down Downstair's fence, or neighbour's?
* what does '2 feet past ..."mean?

Questions:
* who owns the (two) fences? Who paid for/errected them?
* what does the lease, and lease Plan, say about location of boundary within your back-garden? And/or about access?
* what does the Title Plan show for the boundary? Is the fence on theboundary?
* what does neighbour's Title Plan show?

But in principle
* you can remove any fence that is on your land
* you can remove any fence that belongs to you
* you cannot remove a fence that is not yours and is on someone else's land

Final point. Disputes like this can become a nightmare. Far better to resolve over a cup of tea and friendly chat, than in a courtroom!