My elderly mother has neighbours who has bolted their fence into her masonry. I was wondering how we proceed with getting them to remove it. She phoned the local planning office and they said they don't deal with such matters.
Neigbour fixed fence to wall
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You ask the neighbour politely to remove the fence, and make good the damage to the wall, as they are trespassing.
You could point out that it would only have been good manners to ask first, and then they would not have to undo their work as permission would not have been given.
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I agree.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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So write asking for it to be removed. (first class post with free certificate of posting from post office)
In the letter point out that they are trespassing and that the damage to the wall could be considered criminal.
Explain that your mother does not want the relationship to deteriorate, nor does she wish to take legal action, but if the trespass does not cease within two weeks(?) she will need to take steps to protect her property
If that doesn't work she could then involve the police or eventually after sending another warning letter, seek a court order fot its removal and making good the damage or both
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Drilling holes in a third party's masonry without permission is causing damage to property which is an offence under the Criminal Damage Act 1971.
The police may not be interested as it may well be regarded as minimal, but if one was to mention that it might lead to a breach of the peace as well ............................
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