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Shared Fence: My neighbour pulled down my fence and bricked up my wall. Can I sue them?

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asked on May 7, 2016 at 07:47
by   marigold
edited on May 19, 2016 at 09:48
 
I have a terraced house and I had fixed my fence along a common wall by putting another layer of bricks with my new fence on top. The Indonesian workers of the people next door, pulled down my fence and bricked up my own wall to build the fence for those people. I told them to pull it down and restore it to the original condition.

My question does this fall under criminal law? If not and I sue them, what kind of compensations can I claim?
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answered on May 7, 2016 at 12:46
by   vkpc
The Indon workers of the people next door, pulled down my fence and bricked up my own wall...

Why do you say it is your fence and your wall when it is actually a shared fence and a shared wall?
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answered on May 19, 2016 at 07:33
by   Abraham
edited May 19, 2016 at 09:47
 
This is a stupid question. He or she say "common wall" then ask question if it is criminal or civic and should I sue them?

It is all about money. Common wall.
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answered on May 20, 2016 at 06:58
by   SunPhoenix
@marigold

Your question is unclear.

I had fixed my fence along a common wall by putting another layer of bricks...
This means you built your new concrete fence on your own property along the shared concrete fence.

with my new fence on top
Now, this is confusing. If your new fence is along the shared fence, how did it turn up on top of the shared fence? If you built fence on top of the shared fence. It cannot be your fence.

Shared fence is very common in Malaysia as boundary of adjoining properties. These are things you can do:

1. As the saying goes "Good fences make good neighbours." You can do minor repair or maintain the shared concrete fence on your side. If you need to alter the structure by demolishing and rebuilding the shared fence, you should discussion with your neighbour and get their permission to rebuild the shared fence at your expense or both sharing the costs.

2. If you have a troublesome neighbour, then just leave the shared fence exactly where it is. Don't waste any money on the shared fence. Build your new fence alongside of the shared fence. It can be touching or almost touching each other. So there will be two fences. Your new fence will be on your property... so it is your fence. Your neighbour cannot do anything to your fence without your permission.

Bad neighbour are the ones that will purposely hang rugs on your fence, paint the other side of your fence, use your fence as support for... the list goes on... In fact, by doing so, your neighbour is liable to costs of repair should there be any damages to your fence. In reality, I doubt any such case has been brought to court.

The Indonesian workers of the people next door, pulled down my fence...
If it's your fence, then you can institute legal proceedings against your neighbour for criminal damages. Do you have photos of what happened? Photos can be the best evidence. Your contractor can be your witness but in my opinion he would run as fast as he could. More than 99% of Malaysian are not prepared to be witness. Discuss with your lawyer if you can afford the legal costs and time.

3. If you are feuding with your neighbour, just move away and get peace of mind. If you are a bad neighbour then it's the same whenever you go.
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answered on Jul 3, 2016 at 18:29
by   Wills
Very helpful note above.  What about on point no. 2 - it can be touching or almost touching each other.  So the owner who build the wall will be loosing some space since the actual structure of the common wall should be exactly on the center rather than moving in?

Is it compulsory if the neighbor wall panting is required or just a cement layer is good enough?

Thank you.
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