I have had problems with my neighbours for years on and off but my main worry at the moment is... in the heat of the moment i got angry when they erected a new fence beside our old one in the garden and i ran out and tried to stop them putting it up. Anyway for years weve had this problem with the fence being not in the right position as they kept moving it overinto my garden to make their garden bigger. Now they have built the new fence i believe it to be built on my land. I live in Scotland and was wondering what my position in Scots Law would be if i were to take them to court. I now have to go to court myself as they called the police when i tried to stop them but i believe it was on my land.
2006-09-12 04:07:01 · 12 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Suggest you try www.gardenlaw.co.uk - it has a fab forum and you can pose your question there and get responses from people knowledgable of the law with regard to fencing, boundary issues, etc.
I had a problem with my neighbour who owned the boundary fence and it was an eyesore and rotting. I approached him and said that I would replace it at my cost which he was initially happy about. He changed his mind and wanted to go halves on the cost. I wanted a 6foot fence for privacy reasons and he wanted a 4foot6 fence so he could talk to me when I was in the garden and see what I was up to. He then said I was not to touch his fence. I checked out the forum noted above and found that I was completely within my rights to put a fence up on my side of the boundary as long as it didn't touch or interefere with his fence. This was done this year and for the first time in three years I have been able to use my garden undisturbed.
It is worth getting boundary issues checked out through the Land Registry and perhaps confirmation through your solicitor/CAB before you take further action.
2006-09-12 06:22:09 · answer #1 · answered by cobster 2 · 0⤊ 0⤋
Police are not interested in neighbour disputes
go to the council planning dept and get a copy of the landscape plan for your property, check the sizes on the plan with your actual garden if they have taken land that belongs to you instruct a solicitor to write to them. The sizes of your property/garden were decided before the house was built your council keeps a copy of the plans and it can be easily sorted out. Of course it is possible the builder put the fence in the wrong place to begin with, you may bought a house thinking you had a bigger garden and they are correcting that. If so you would have to accept the right fence and sue the builder.
2006-09-12 04:18:32 · answer #2 · answered by jojo 4 · 0⤊ 0⤋
Your question is what is your position in Scots law, the answer is totally dependant on who is right and who is wrong. Your neighbours clearly have reason to believe they are putting the fence in the right position if not it will be an expensive folly for them to pursue. So first thing is to get an independent search of your boundary position and then write to your neighbours with the outcome ( be aware it could be you that is wrong). If you have clear evidence that you are in the right then instruct a solicitor to look at the merits of the case in its own rights. Don't rely on any legal advice based on not knowing all the facts.
2006-09-12 04:16:01 · answer #3 · answered by commentator 2 · 1⤊ 0⤋
tell your friend to tell her neighbour that unless they help repair or replace the fence then it will be removed on the grounds of health and safety, there is no law states that there must be a fence between any gardens just a boundary line as decided by the land registry when the buildings were built, your friend is within her rights to put posts in the ground and string wire ( cannot be bard wire ) between each post, that is alot cheaper than putting or repairing a wooding fence, i to had this problem once i erected a 6ft fence and he wouldn`t let me into paint the fence said he would have me arrested for trespass so for years i painted my side and left his in fact 18 years and it was still there when i sold the house, my side was lovely and clean his was just a mess,
2016-03-26 21:50:53 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The land registry office (I believe this would be the same in Scotland) should have records of the exact boundaries. This can be used to show the courts who is really right about this. I recommend you get hold of these records and make sure you are correct, then take it to the police, courts, council... anyone who will listen. Good luck.
2006-09-12 04:10:09 · answer #5 · answered by claire 5 · 0⤊ 0⤋
You need to find out the exact boundaries of your house and if they have erected it in your garden they will have to take it down and move it! Try the land registry
2006-09-12 04:10:25 · answer #6 · answered by sarah k 4 · 1⤊ 0⤋
my mum and dad had a similar problem with their neighbour. she just put up a fence that went over into our garden when their was already a boundry fence up. my dad went and seeked advice from the council and they had someone come out and inspect the boundry line turns out the neighbour had put the fence over the boundry line and had to removeit.
best adive see your local council and explain the situation they should send someone out to inspect
2006-09-12 04:11:45 · answer #7 · answered by lisa7777 2 · 0⤊ 0⤋
It would surely be worth it to have your land surveyed so you both know where the border is. If they have encroached on your land they will have to move their new fence.
I hope the confrontation you had with them was only verbal and you'll be o.k. in court but if you touched them in any way you may have a problem.
GET YOUR LAND SURVEYED NOW!
2006-09-12 04:11:44 · answer #8 · answered by Anonymous · 1⤊ 0⤋
You would need to seek legal advice.... but before you do, check with your buildings/contents insurance to see if you have legal cover, this would definately be covered under it, which will save you a ton of money in taking the dispute forward.
2006-09-12 05:02:35 · answer #9 · answered by Anonymous · 0⤊ 0⤋
We have this problem in England.Sounds like you need a solicitor.Your rights including property rights have clearly been infringed.
2006-09-13 20:08:14 · answer #10 · answered by marzmargs12 6 · 0⤊ 0⤋