• Our consumer lawyer on how to solve a boundary dispute without bad blood

My neighbour is going to extend his house by about 10ft and build right up to the border where my land starts.

He will need to remove the fence that separates our properties to do so, which we paid for jointly.

Is he allowed to go right against the border and take down the fence without my permission?

B.U., Northampton.

Dean Dunham replies: There are two separate issues here.

First, building right up to the boundary. Generally, a person is entitled to build to the edge of their own land and does not need their neighbour’s permission simply because the building is close to the boundary.

But whether they can proceed depends on several factors. They may need to get planning permission, and the extension needs to comply with building regulations and the rules set out in the Party Wall etc. Act 1996.

If your neighbour intends to build on the boundary itself, or excavate foundations close to your property, they may have to serve formal notice under that Act.

Border dispute: A reader wants to know if he can refuse a neighbour permission to remove a garden fence to build an extension (file picture)

This does not give you a veto, but it does give you important rights. This includes the right to appoint a surveyor to protect your property – at your neighbour’s expense in many cases. Your neighbour cannot simply ignore those obligations.

As for the fence that you both paid for, it suggests there may have been an intention to share responsibility for it – but it doesn’t automatically mean it is jointly owned.

Ownership depends on where the fence sits, what title deeds say and any agreement reached when it was erected. If it is jointly owned or forms a party structure, your neighbour cannot simply remove it without your agreement. Doing so may amount to trespass or criminal damage. If the fence belongs solely to your neighbour, the legal position may be different.

My advice is not to obstruct the works unnecessarily, but do engage with your neighbour. Ask them to confirm whether they believe the Party Wall Act applies.

If the fence needs to be removed, agree in writing how the boundary will be secured during the works, if the fence will be reinstated, to what standard and who will pay.

Finally, check your title deeds carefully. They may identify who owns the fence or who is responsible for maintaining it. Resolve these issues before a single fence panel comes down.

I left my watch in a holiday apartment but the owner isn't returning it, what can I do?

I accidentally left my watch at a holiday apartment.

The owner said they would post it and I paid for postage, but it never arrived.

When I contacted them again, they said it was in the possession of their cleaner, who no longer works for them. They say there is nothing they can do. Do I have any rights?

G. J., Oxfordshire.

Dean Dunham replies: Yes, you have rights here and ‘there is nothing we can do’ is not the end of the matter.

Once you told the apartment owner you had left your watch behind and they agreed to look after it, post it back and accepted your payment for doing so, they took on a legal duty to take reasonable care of it. Lawyers call this bailment.

In simple terms, if someone voluntarily takes possession of your property, they must take reasonable care of it and return it.

The owner can’t simply blame their cleaner. An employer will usually be legally responsible for the actions of an employee carried out in the course of their work.

There is also a contractual issue. You paid for the watch to be returned and the owner accepted payment.

At the very least, you are entitled to a refund of that fee as the service was not provided. If the watch has been lost because the owner or their staff failed to take reasonable care of it, you may be entitled to recover its value.

Write to the owner setting out the facts, enclosing proof of the watch’s value if you have it. Ask for the watch’s return or compensation for its full value, together with a refund of the postage you paid.

If you booked through a platform such as Airbnb, raise the matter through its resolution process as well, as it may be able to help fix the dispute. If that doesn’t work, this is the sort of claim that can usually be pursued through the small claims court.

If all else fails, it is also worth seeing if you will be covered under any insurance policy that you have.