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Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Neighbour Dispute Fence post have been put on my land to

Resolved Question:

Neighbour Dispute

Fence post have been put on my land to support my neighbour fence
can I remove them one at a time so my neighour can put them on his land and when I have given him say 30days to doi this take the next one out
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Joshua replied 3 years ago.
Welcome to JustAnswer! If you've any queries once you've read my answer do ask. When satisfied, kindly click the Green ACCEPT button.

  1. how do you know that he has placed the fence post or posts on your land please? Was there a previous boundary structure in place or do you have other evidence?
Customer: replied 3 years ago.

I am 100% sure the post are on my land the last post is fixed to the rear elivation

of my house it should have be fixed to the side

 

he does not dispute they are on my land he is saying I should have told him when he was putting the fence up , but I did not notice until it was up

I

Expert:  Joshua replied 3 years ago.
thank you. Based upon what you say, this is a trespass upon your land and you can save him with a cease and desist notice giving him either seven or 14 days depending upon how patient you are feeling to remove the same.

If he ignores your notice, you can either obtain an injunction against him together with costs ordering him to remove the same or you can serve a further notice advising that you propose to remove the same from your land. You are entitled to remove the same from your land and claimed damages from him for the cost of making good your land but you should be cautious in taking this action unilaterally as you will be liable for any damage caused to the fence posts themselves. You must also returned his property to him as they have been removed.
Customer: replied 3 years ago.

Josh

 

thanks for the reply In a few days I am going to sent the defendant the letter below

Final Warning

Neighbour Dispute

 

 

You have ignored all my previous reasonable requests.

.

If you do not within seven days, remove the fence posts attached to my house and on my land, I will take steps to mitigate the situation. I will then seek to recover all cost via the court.

 

What do you think? can it be improved

Expert:  Joshua replied 3 years ago.
I will be happy to assist you with your proposed notice. Please kindly consider clicking accept and I will be happy to look at this for you without further charge.
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other UK Property Law Specialists are ready to help you
Expert:  Joshua replied 3 years ago.
thank you. I would suggest something along the lines of the following.

Cease and desist-final notice.

I refer to previous informal discussions and notices in this matter and hereby give you notice that you are to remove any and all fence posts that are attached to my building or that are situated on my land within seven days of the date of this notice exclusive of the date upon which it is served, failing which I reserve my rights to take steps to remove the posts myself with or without the assistance of a third party contractor and obtain injunctive relief in the County Court.

In all cases, I reserve my right in respect of any and all costs incurred.

Signed
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other UK Property Law Specialists are ready to help you

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