Yet another fence dispute ......

[Gizmonster]

My father has a conservatory and the gap between the conservatory and adjoining fence was just big enough so that he could get down the side and clean the windows and carry out any other necessary maintenance.
His neighbour erected some decking and a new fence literally a few inches from the conservatory, making it impossible to get down the side now.
My father and his neighbour have never got on, so when he asked him to move it back he politely refused !!!
My father is prepared to spend what it takes - he's already had a surveyor out to confirm where the boundary line is and that his neighbour has in fact put the new fence up on my father's land.
Solicitors seem reluctant to take the case on - to me it seems a clear cut case, but I'm no legal eagle !!
Could my father not just pull it down himself 'cos it's on his land, or would this be criminal damage as it is his neighbour's fence - even though it's wholly on my father's land??
What would you recommend ??

[factor-fiction]

I remember reading that it's very difficult to get a decision on these cases that involve small distances because the plans are never reliable or accurate enough to within maybe 10cm

[cathfromsaron]

buy new cleaning tools and enjoy the conservatory! it's money down the drain i promise! xx

[boxtops]

Buy one of those long-handled window cleaning jobbies?

[Postdog]

Don't physically do anything to the fence because right or wrong place, it's not his property. I know cos I once got a caution for banging a nail in to hang something one.

[tamborine]

have a bbq tip over & burn it. When you replace the damage you can re-draw the boundary to your advantage :)

[Gizmonster]

The fence has been moved 6 - 8 inches ish.
Before, there was a foot or so gap down the side - just enough to squeeze down - now there''s just a few inches.

[fliptheswitch]

Why should your father just have to "Put up with it", as suggested by some people?
You've had confirmation from the surveyor that it's on his land, so yes, I'd pull it down.
He will probably call the police, but I doubt very much they will do anything about it, once he shows them the paperwork to confirm that it is indeed his land. His neighbor is obviously one of those people who just thinks he can get away with anything, whilst showing no regard for anyone else.
This would seriously annoy me!

[hc4361]

Thousands and thousands of pounds are spent in legal fees to settle a boundary dispute like this one.
It is very hard to be exact and no doubt his legal adviser, surveyor, expert, whoever would say it is on his property.

It's not easily solved.