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The reader stated that their “original Land Registry plans show undefined boundaries and deeds that refer to boundary walls or fences. The original fence was largely covered by shrubs, ivy and brambles and had been neglected by our neighbour, despite written requests. Our neighbour has now removed this existing fence without consultation and erected a fence roughly a foot into his land to avoid the maintenance to which we have continually objected. We believe he required our consent to demolish the existing fence. What action can we take?”
Responding to the reader, Emily commented: “If the fence was your property, or jointly owned with the neighbour, then your neighbour should not have removed it without your consent. You may have a claim against them through the courts for trespass and damages. However litigation should be a last resort and is a costly process. Before any litigation is commenced there should be an attempt to seek long-term resolution with your neighbour, which could involve independent mediation.”
To read the full comments please visit The Times here.
July 21, 2021
Emily is a Solicitor in our Dispute Resolution team.