FENCES are a rising supply of disputes between neighbours and it may be significantly difficult if one was constructed behind your again.
It comes as a house owner queried if they’ll legally take away a fence their subsequent door neighbour put up on their land after they have been away on vacation.
Out of doors area not solely offers a valuable getaway, it might additionally improve your home worth if you wish to promote the property.
Meaning it vital to guard your area and know what you are able to do if something crosses the boundary of your land.
The difficulty was raised within the Night Customary when a reader requested if it is potential to take away a fence their neighbours put up after they have been on vacation.
The house owner stated the fence wasn’t on the boundary between the 2 properties, and it appeared to have encroached on their land by a couple of third of a metre.
So what are your rights if this occurs to you?
Chun Wong, head of the dispute decision workforce at Hodge Jones and Allen solicitors, stated the house owner would first have to be clear that the fence has the truth is been constructed on their land.
Examine the boundary
Boundary traces range on a case by case foundation – it isn’t all the time true that your boundary is on a specific aspect of your property.
Chun stated discovering the boundary of your property must be step one.
This may be finished by checking the deeds to a property.
If you have not already received these, you should purchase them from the Land Registry on the federal government’s web site for £3.
This can present the structure and bounds of the land you personal.
Be aware that you would be able to additionally buy a neighbour’s title deeds to see whether or not any additional property boundaries are outlined in theirs that are not in yours.
Generally, a T might be marked on a property line to indicate duty for the boundary.
If you’re certain that the fence was constructed in your land after checking the boundary traces, you may communicate to your neighbour and ask them to reposition the fence within the appropriate place.
To keep away from future hostile conditions together with your neighbour, it is best to maintain tensions low by speaking issues out if potential.
Chun stated: “It will be sensible to attempt to resolve this amicably with the neighbour earlier than taking any additional motion.”
When you actually cannot see eye to eye on the matter, mediation companies could possibly be a superb place to go as they’re cheaper than court docket prices.
The Royal Establishment of Chartered Surveyors affords a mediation service, serving to neighbours resolve disputes about boundary traces and associated points.
Can I take away the fence?
As any encroachment on land belonging to you may be thought-about trespassing, your neighbour is more likely to be within the flawed right here.
“If the fence has positively been constructed in your land, then it is a more likely to be a trespass,” Chun stated.
“You’ll be able to both ask the neighbour to take away this inside an affordable time frame or warn them that you’d take motion to take away the fence. “
In case your neighbour fails to behave, you may take court docket motion towards them however that’s more likely to be expensive and worrying.
Extra on fence disputes with neighbours – here’s what you are able to do in case your neighbour needs to take your fence all the way down to accommodate their extension.
Additionally, we clarify whether or not you might be eligible for compensation in case your neighbour’s “on the market” signal broke your fence.
Backyard vegetation may also trigger conflicts, we spherical up your authorized rights in case your neighbour’s hedge is taking up your backyard.
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