no they dont
The fence is on the left hand side of my house, but shes saying that because she lives on the corner its not her side as she cant be responsible for the whole boundry ie both sides? regardless of whos it is damage is being cause dto our property from her side??
hi ok that does anwer that one so you are saying we take care of the fence to the left hand side?? so what about the damage she has caused to the fence??
I have been asked to look at this for you. I am afraid that the conventionmentioned by my colleague of being responsible to the left or the right is notactually enforceable in law. It is a bit of a legal myth.
You can of course argue till the cows come home about who owns the fencebut the cost of arguing it under the risks involved are going to be more thanputting up 10 fences.
Assuming that the fence is indeed the responsibility of the neighbour thanleaving the pushing of the trees and shrubs down a side, the neighbour may likeit looking a mess and therefore the best that you can hope for is that it isyour fence and not the neighbours! If there is nothing in the deeds regardingthe fence and it is indeed the neighbours, you cannot compel them to repair it.
In the neighbour is denying all responsibility for it, as indeed you are,then it would be for a court to decide and that could be an expensive battleinvolving boundary surveyor who will probably want a £800 for a report in thefirst instance. Even then, the report may be inconclusive or not favourable.
In it is your fence, you can take action against the neighbour if his treesare pushing your fence over.
You can only take action against the neighbour if it is his fence withregard to damage caused to your trees and shrubs.
It really comes down to how much you want to spend/risk going to court.
You are entitled to cut down any branches from the trees and the busheswhich come over on to your land. Although you cannot keep the pieces becausethey do not belong to you, they belong to the neighbour.
I am going to be brutally frank with you and you will not like the answer butthere is no point in me misleading you.
The cheapest, quickest and most risk-free is for you to take control of thefence and remove any of his branches which comes over the boundary and ispushing it over.
Alternatively, by all means take him to court but on the fact that you havegiven, I don't think that you are going to win and I think the court case atbest order you to pay 50% each and each bear your own court costs. The courtcosts alone could be £5000
I appreciate that this is not the answer you wanted but I'm sure you wouldrather have an accurate answer than simply be told what you want to hear.Please remember that I am being paid for dealing with this not for going tocourt.
If I was a solicitor, not being paid for not going to court, I would nodoubt be persuading you to do so. I have no vested interest on whether you havea good claim, a bad claim or want to go to court or not I am merely under aduty to give you factually correct information.
Can I help further?
Please bear with me today because I am online and off-line. Please don'tforget to positively rate my answer service (even if it was not what you wantto hear). If you don't rate it positively, then the site keep your deposit andI get 0 for my time. It is imperative that you give my answer a positiverating. It doesn't give me "a pat on the head", "good boy" (like ebay), it ismy livelihood!If in ratings you feel that you expected more or it only helped a little,please ask.