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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My garden fence has been maintained last 14 years my

Resolved Question:

My garden fence has been maintained for the last 14 years my my neighbour which is more than 4 years before I bought the property. The neighbour is a housing association and the house is rented out i believe to DSS lady. Since I moved in to the house 10 years ago, the fence has falling several times and has always been repaired by my neighbour even without my consent. Sometimes in March this year after the latest storms damaged sections of the fencce, the tenants in my neighbour's property called me to say that her landlord has now refused to repair the damaged fence and that the maintainance of the fence is now my responsibility. This caused me to check a copy of my deed and confirm that indeed the side of the fence legally belonged to me. However I would like to know exactly the legal status for the maintainace of boundary fences and especially is it legally right that a neighbour who has been maintaining this fence even long before I bought the house, can suddenly stop and transfer such responsibilty to me?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Just to clarify the fence is YOUR responsibility?Alex
Customer: replied 1 year ago.
I dont get your question. You have just asked me back the same question I originally asked. What do you mean by responsibility for the fence? Is ownership the same as responsibility? Please read my original message carefully if you can!
Expert:  Ash replied 1 year ago.
Yes I just wanted to clarify it was your fence etc. Its bad news I am afraid, it makes no difference how long they have been maintaining it for there is no legal responsibility for them to do so.There is no right which is gained to make them maintain it, even though its yours and they have been doing it for so many years. Can he stop - yes.There is no obligation whatsoever on the neighbour to continue to maintain.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Ok Thanks, ***** ***** just away from my PC. But is there any legal obligation for me to take over the maintenance of the fence? Or in the circumstances of difficult financial constraints, is it mandatory for me to maintain the boundary fence?
Expert:  Ash replied 1 year ago.
No. You dont even need to have a fence at all if you do not wish to.Does that clarify?Alex
Customer: replied 1 year ago.
Yes Alex thanks, ***** ***** bought my house with a fish pond in the garden and the tenants in my neighbours house are now threatening me to force me to repair this garden because they claimed that their little baby may wander into my garden and into the pond. The pond is not on the side of the disputed fence. Can they really force me because of this?
Expert:  Ash replied 1 year ago.
Well there may be a claim if there is an injury under the Occupiers Liability Act. This is where you have a duty to keep visitors (both lawful and otherwise) safe. But there is no obligation for you to have a boundary fence, but you could leave your open to a negligence claim if there is an injury.Does that clarify?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Yes Thanks ever so much for your very objective and professional opinion. Best regadrs
Expert:  Ash replied 1 year ago.
Happy to help. Alex

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