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Neighbour built new fence, encroachment

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  • Neighbour built new fence, encroachment

    We have a dispute with my neighbour, he is building a fence which is his responsibility as per the deeds. I had suspicions that the wooden fence started on my side by about 4-5cm but i let him start anyway. However, as he continued towards the back of the garden he is coming more and more on our land. He refused to basically tell me where he is building the fence and he removed the original concrete posts without telling me, i presume to remove boundary evidence!. We had an argument about the fence in the end.

    So i got a RICS surveyor for boundaries and the report shows that he is in my land and he will end up about 50cm into my land. He is claiming that he has a surveyor's report as well and his report shows that he is right. I have passed the report to him already but he is refusing to pass his surveyor's report to me. What options do i have can i take him to a small claims court for example? The alternative i think is the Civil Procedure Rules part 8 application. However, the second sounds that may need to involve a solicitor, therefore fees etc. Just to add that the fence is 70% complete and the last bit is in a higher bit of the garden where there is a 50cm drop into my neighbour's garden so it creates a danger for small children for sure. So i need this fence section competed as well. Can i claim for expenses to finish this section myself or there is another procedure. I think claiming to money to move the fence appears to be the most effective way IMO but i have no experience. However, have to do so something with my neighbour's bullying tactics. We tried a mediator as well, a person in the same street. Thank you
    Last edited by bromley9; 18th November 2020, 01:23:AM.
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