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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
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Experience:  award winning lawyer with over 15 years experience
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Hello,My neighbour approached me last week saying that

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Hello, My neighbour approached me last week saying that he intended to build a fence around his property and that his fencing contractor would need access to my property to enable him to erect the fence to which I duly agreed.


Our properties are adjoining semi detached houses with a shared manhole cover spanning the border of both properties and an adjoining 4ft wall between his hallway window and mine.


I got home last night to find that the fence he had erected as completely blocked access to the manhole and that the fence is clearly off centre of the adjoining 4ft wall by approximately 5-6inches on my side of the property and the fence runs the full 40ft length of my front garden.


I wouldn't normally have an issue over what is such a small piece of land, however, when we bought the property 4 years ago it has always been our intention to extend to the front elevation of our property - the potential reduction by 5-6 inches will have an impact on the square footage of what will be a relatively small extension.


How would you advise that I proceed with this as I don't want to go down the route of petty border disputes and ask him to move or remove the fence if at all possible? Would it be possible and binding in law if I could agree with him that the fence he has erected would be a shared border fence?


Many thanks in advance.

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The key thing is to talk to him and try and reach an agreement. It may after all be his fencers error. You can agree for him to either move the fence where necessary or as you suggest agree that this is a shared boundary fence - I would make sure that any agreement you do is in writing so that you both have a copy should there be further problems in the future.
Customer: replied 3 years ago.

Hi, thank you for your reply.


What, if any, options do I have if he does not agree to the shared boundary solution?



Then you can basically state that there has been a trespass and you want the fence removed. You can threaten an injunction and damages, as such think your offer is an attractive solution for him.

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