by metal  17/11/2009  5 Comments  521 Page Views
Commercial law, litigation, contracts, IP, property law
Hi, I have a neighbour who recently built their dwelling themselves and has currently taken residence there. Much damage was done to the fence dividing both our lands due to the construction of their dwelling hence a new fence needs to be erected. However, the matter is not as simple as replacing a new fence over the old one. The neighbour proposed that the old fence is incorrect as it is about 10-20cms on their property and thus requested that the new fence is to be erected 10-20cms away from the old fence onto our land.

This obviously is an inconvenience to us because:
1) We've lived here for more than 20 years and whoever erected the old fence did it over 20 years ago when the land was still new and so the measurement of land division should be correct.
2) The neighbours "knew" of this incorrect land division by the old fence and had built their dwelling more closer to our side however, we were not informed until their dwelling was finished and a new fence was needed.
3) Our garage is close to the fence, and if the fence is to be moved, there would be enroachment issues as our gutter for the garage will hang over the fence.

We have contacted the council, our local MP, other MPs and other people to seek information on this issue however none were helpful so this is our last resort before we contact a solicitor where the matter will go to court.

I was just wondering if this has ever happened to anyone or does anyone have any advice that they could give me with this issue, it would be greatly appreciated.