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By: Ian

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In reply to Craig Smith.

Craig - We essentially have an administrative role in registering the title extent with general boundaries, meaning that the exact position of the legal boundary is normally left undefined. In this case it appears that the dispute does not centre on where the legal boundary should be, but rather around the re-positioning of the physical boundary structure on the ground. That is not something we can advise on but as boundary walls are involved, the law regarding party walls may come into play. This is not something we are directly involved with but the following guidance on Gov.uk may be of interest: https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance

As you say, one option would be to erect the fence within your property, but we cannot advise on which option to take - you'd need to seek independent advice if you are unsure how to proceed. Where there is no agreement and you would want to pursue moving back the boundary to your edge of your property, again you'd need to seek independent legal advice on the options open to you . The following general advice on Gov.uk may assist: https://www.gov.uk/how-to-resolve-neighbour-disputes, https://www.gov.uk/party-walls-building-works.


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