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Neighbour built fence on my land

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  • Neighbour built fence on my land

    My neighbour has built a small fence panel across my patio (I have no idea why, as it's not a fence he'd be able to see from his garden, it makes absolutely no sense) we're having some work done and this patio needs digging up and therefor any fence built on it... Can I just take this down as it is solely on my property as indicated in title deeds. Or do I have to ask him to remove it because he's paid to build it? He's definitely not the friendliest of neighbours... He banned us from having bbqs a couple of weeks ago because he says we do it to antoganise him (we've had 1 this year) ... So he's not going to be agreeable... Just wanting to make sure we aren't doing anything illegal by just taking it down without permission...
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  • #2


    You might not believe this but the correct way forward is:
    1)ask for the removal of fence
    2) when refused write (first class with free certificate of posting) to neighbour telling him to remove fence within 14 days , and warn him that if he doesn't you will either
    i) apply to the court for an injunction that the fence be removed. Will include an adverse costs order ie he pays for injunction, or
    ii) you will arrange for its removal at his cost

    If that doesn't work you makes your choice.
    If you opt for ii) he might make a complaint to police about criminal damage, which could have ramifications

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