Our neighbours built a fence on my land when I was on holiday - can I remove it? (2024)

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 neighbour put up on their land when they were away on holiday.

Outdoor space not only provides a precious getaway, it can also increase your house value if you want to sell the property.

That means 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.

So what are your rights if this happens to you?

Chun Wong, head of the dispute resolution team at Hodge Jones and Allen solicitors, said the homeowner would first need to be clear that the fence has in fact been built on their land.

Check the boundary

Boundary lines vary on a case by case basis - it's not always true that your boundary is on a particular side of your property.

Chun 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 theLand Registryon 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 neighbour 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 if possible.

Chun said: "It would be wise to try and resolve this amicably with the 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 as they're cheaper than court costs.

TheRoyal Institution of Chartered Surveyorsoffers 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 considered trespassing, your neighbour is likely to be in the wrong here.

"If the fence has definitely been built on your land, then this is a likely to be a trespass," Chun said.

"You can either ask the neighbour to remove this within a reasonable period of time or warn them that you would take action to remove the fence."

If your neighbour fails to act, you could take court action against them 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.

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