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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25427
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My neighbours fence blew down two years ago. He promises from

Resolved Question:

My neighbours fence blew down two years ago. He promises from time to time to replace it (last time was last week) but it never happens. Meantime we have to look at his garden which is an eyesore of broken plastic kids toys and general debris. We have a fish pond in our garden and worry his grandchildren might wander in (they have already, but we were there) and find the pond fascinating and perhaps have a horrible accident. Summer is fast approaching again and we want our privacy back and we are also thinking of puting the house on the market but worry just how how much this eyesore will affect a sale/value.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you are both the first owners of your houses please - e.g. bought from new?

Customer:

No I don't think they are first time owners of the property, we are certainly not. We have lived here since 1995, they were here before us. The houses were built around 1930/31

Joshua :

Thanks. Is there any provision in your deeds which refers to the fence being a party fence - my suspicion will be that there will not be given the age of the property.

Customer:

I honestly do not know

Joshua :

Thats fine. Thank you.

Joshua :

In general terms, the position with regards XXXXX XXXXX and boundaries in English law is that neither party can force the other to do anything whatsoever unless they can point to a binding covenant in the title deeds. Covenants rarely bind individuals because typically they do not endure beyond the original parties to the relevant deed because positive covenants do not bind future owners automatically. Only negative covenants (not to do something) are capable of doing so.

Joshua :

Accordingly, the first step is to obtain a copy of your title. You can do this instantly by downloading it online for a cost of 3 pounds from the land registry using the following link:

Joshua :

http://www.landregistry.gov.uk/public/property-ownership

Joshua :

There maybe a binding covenant between you and your neighbour but in practice you would likely remember signing such a covenant when you purchased and it is unlikely such a covenant would exist.

Customer:

Basically it looks like we have no choice but to put the fence up ourselves, which we will do to get our privacy back and rid of the eyesore, money doesn't come into it , it was the principal.

Joshua :

in the absence of your being able to show a binding covenant exists, unfortunately there is nothing you can do in terms of forcing your neighbour to maintain any part of the fence nor they you unless you can show that the lack of a fence causes a nuisance because dogs or children are wondering onto your land.

Joshua :

An untidy garden is unfortunately not a basis to claim nuisance but the above may be if you can show. the same

Joshua :

Otherwise notwithstanding the above it is a question of who blinks first in terms of erecting a fence unfortunately. If you were to erect a fence it would belong to you and he cannot interfere with it. Also you do not have to face the "good side" to him - this is a social convention not the law.

Joshua :

Is there anything above I can clarify for you any further?

Joshua :

Is there anything else I can help you with?

Joshua and 4 other Law Specialists are ready to help you

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