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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can you please clarify the law regarding the erection of a

Resolved Question:

Can you please clarify the law regarding the erection of a fence on a shared boundry
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do the deeds state that the area shoudl be open plan?
Clare
Customer: replied 2 years ago.

no

Expert:  Clare replied 2 years ago.
Hi
Has the fence that has been erected encroached on your property in any way?
Clare
Customer: replied 2 years ago.

no but makes access dificult

Expert:  Clare replied 2 years ago.
Hi
I am afraid that the Land Registry have misled you a little.
From what you have said neither of you are actually responsible for the boundary - so neither of you could force the other to erect a fence.
However it is always open to either owner to erect a fence UNLESS there is a clause in the deeds that states that the area should remain open plan OR the fence erected encroaches on the land of the other owner.
Provided the fence is entirely within the boundary - on exactly on it - then he was entitled to erect the fence
Please ask if you need further details
Clare
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