FENCES are a growing source of disputes between neighbours and it can be particularly tricky if one was built behind your back.
It comes as a homeowner queried if they can legally remove a fence their next door put up on their land when they were away.
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Outdoor space not only provides a precious getaway, it also increases your house value if you want to sell the property.
This makes it important to protect your space and know what you can do if anything crosses the boundary of your land.
The issue was raised in the Evening Standard when a reader asked if it’s possible to remove a fence their neighbours put up when they were on holiday.
The homeowner said the fence wasn’t on the boundary between the two properties and it seemed to have encroached on their land by about a third of a metre.
The Sun reached out to Chun Wong, head of the dispute resolution team at Hodge Jones and Allen solicitors.
She said the homeowner would first need to be clear that the fence has in fact been built on their land.
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Check the boundary
Boundary lines vary on a case by case basis.
The solicitor said finding the boundary of your property should be the first step.
This can be done by checking the deeds to a property.
If you haven’t already got these, you can purchase them from the Land Registry on the government’s website for £3.
This will show the layout and boundaries of the land you own.
Note that you can also purchase a neighbour’s title deeds to see whether any extra property boundaries are outlined in theirs that aren’t in yours.
Sometimes, a T will be marked on a property line to denote responsibility for the boundary.
If you are sure that the fence was built on your land after checking the boundary lines, you can speak to your neighbours and ask them to reposition the fence in the correct place.
To avoid future hostile situations with your neighbour, it’s best to keep tensions low by talking things out.
Chun said: “It would be wise to try and resolve this amicably with their neighbour before taking any further action.”
If you really can’t see eye to eye on the matter, mediation services could be a good place to go, which are cheaper than court costs.
The Royal Institution of Chartered Surveyors offers a mediation service, helping neighbours resolve disputes about boundary lines and related issues.
Can I remove the fence?
As any encroachment on land belonging to you can be trespassing, your neighbour is likely to be in the wrong here.
“If the fence has definitely been built on their land then this is a likely to be a trespass,” Chun said.
“They can either ask the neighbour to remove this within a reasonable period of time or warn them that they would take action to remove the fence. “
If your neighbour fails to do that, you could take court action against then but that is likely to be costly and stressful.
More on fence disputes with neighbours – here is what you can do if your neighbour wants to take your fence down to accommodate their extension.
Also, we explain whether you are eligible for compensation if your neighbour’s “for sale” sign broke your fence.
Garden plants can also cause conflicts, we round up your legal rights if your neighbour’s hedge is taking over your garden.
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