A featherboard fence was erected as a boundary to my property and an adjoining property. The fence was erected @ 9>10 years ago when the previous owner was in residence who was in her 90's. I purchased the property @ 7 years ago from the estate after she passed on. This fence is built entirely on my property and substantially encroaches towards the bottom by @ 1 metre. My opinion is that the neighbour no more than took advantage of the previous elderly owner. 1 metre tapering over 30 metres at todays land values?
I have noticed the full extent of the encroachment while clearing the garden and have now written to the neighbour. It may well be asked why didn't I do something before but I had a tenant in the property and I didn't want to exacerbate any situation during the tenancy. The neighbour is a bully and she was a single female. While I have researched it as best I can as I am aware there is something called adverse possessory title which I find quite alarming. While I was aware of the encroachment I didn't appreciate the true extent until very recently.
I do not wish to be embroiled in a legal battle as I wish to sell the property next spring but alternatively any prospective purchaser may well question the siting of the boundary fence, I'm therefore between a rock and a hard place. The fact that I would have to make clear there was a dispute to any prospective purchaser I do not see as an issue in the wider scheme of things.
Personally I would simply like to remove the offending fence which stretches for some 30 metres and reinstate with new and same fencing along a true boundary. Again from what I've been able to find out is that the neighbour may well call the police should I dismantle the existing but as it is a civil matter they would not take action. He may well have legal expenses cover on his insurance and he could issue a writ.
Although what the writ would involve I am unsure. As far as I can establish a writ is an order to take a specific action or to prohibit a certain action. Would he seek compensation and costs. If we work on the principle of betterment, which I don't think applies, the fence must be worth no more than a £100. Irrespective of how it would pan out the situation would be resolved and a true and proper boundary reinstated. I'd hasten to add that I'm not confrontational or belligerent, far from it, but see it as a quick and effective route to resolve the issue as opposed to years of court attendances and lawyers fees i.e. in short what's the worst case scenario for me. If a writ is successful along with costs would I have to pay £X amount plus costs along with my costs to reinstate the fence. If it costs a few thousand to put the situation right and within a matter of months I see this as far more expedient than the aforementioned route of court attendance and lawyers fees.. Although could flying in the face of a writ result in more serious consequences.
The fallout I can deal with at my leisure but again I do not know what a writ would involve and how costly if found against me. Having had experience of the neighbour dating back to when I refurbished the property mediation, I feel, is a long way off and which I have discounted.
Any help gratefully received
I have noticed the full extent of the encroachment while clearing the garden and have now written to the neighbour. It may well be asked why didn't I do something before but I had a tenant in the property and I didn't want to exacerbate any situation during the tenancy. The neighbour is a bully and she was a single female. While I have researched it as best I can as I am aware there is something called adverse possessory title which I find quite alarming. While I was aware of the encroachment I didn't appreciate the true extent until very recently.
I do not wish to be embroiled in a legal battle as I wish to sell the property next spring but alternatively any prospective purchaser may well question the siting of the boundary fence, I'm therefore between a rock and a hard place. The fact that I would have to make clear there was a dispute to any prospective purchaser I do not see as an issue in the wider scheme of things.
Personally I would simply like to remove the offending fence which stretches for some 30 metres and reinstate with new and same fencing along a true boundary. Again from what I've been able to find out is that the neighbour may well call the police should I dismantle the existing but as it is a civil matter they would not take action. He may well have legal expenses cover on his insurance and he could issue a writ.
Although what the writ would involve I am unsure. As far as I can establish a writ is an order to take a specific action or to prohibit a certain action. Would he seek compensation and costs. If we work on the principle of betterment, which I don't think applies, the fence must be worth no more than a £100. Irrespective of how it would pan out the situation would be resolved and a true and proper boundary reinstated. I'd hasten to add that I'm not confrontational or belligerent, far from it, but see it as a quick and effective route to resolve the issue as opposed to years of court attendances and lawyers fees i.e. in short what's the worst case scenario for me. If a writ is successful along with costs would I have to pay £X amount plus costs along with my costs to reinstate the fence. If it costs a few thousand to put the situation right and within a matter of months I see this as far more expedient than the aforementioned route of court attendance and lawyers fees.. Although could flying in the face of a writ result in more serious consequences.
The fallout I can deal with at my leisure but again I do not know what a writ would involve and how costly if found against me. Having had experience of the neighbour dating back to when I refurbished the property mediation, I feel, is a long way off and which I have discounted.
Any help gratefully received
Boundary fence Dispute
