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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I installed and maintained a fence around the perimeter of

Customer Question

I installed and maintained a fence around the perimeter of the rear of my property 17 years ago (before either of my existing neighbours moved in). I've just replaced these panels with new ones and now the neighbours have informed me that they will be 'ripped' out and replaced with a design of their own choosing. The posts, gravel boards and panels belong to me - can they do this?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks for your enquiry. Do your Deeds confirm that you are responsible for maintain the boundary fence in question? Kind Regards Al

Customer: replied 1 year ago.
No they don't - just a red line around the boundary. On the homeowner's questionnaire that the previous owner of my property completed - he stated it was unknown who 'owned' the fence line (given at the time, the property had no fence, only sticks in the ground marking the boundary).
Expert:  Ash replied 1 year ago.

hello my name is ***** ***** I will help you.

Who owns the boundary line do you Know?

Alex

Customer: replied 1 year ago.
These are ex-council properties. The previous owner(s) stated it was unknown who owned the physical boundary. However, as the original fences were simply 1m high 'sticks' in the ground, I replaced them 17 years ago when I purchased the property - this was agreed by the previous tenant at number 5. This was at least 5 years before the existing family moved in.They have never questioned the fence until now when I replaced the panels (although there is a history of anti-social behaviour relating to these people)
Expert:  Ash replied 1 year ago.

Have you had a survey done at all to establish who it belongs to?

Customer: replied 1 year ago.
No, but the land registry documents I have don't provide this information either. I simply have a thick red line indicating the boundary of the property (all the way round). I have today requested the latest land registry documents which may have been updated. I suspect that since the entire street was once council owned and maintained, the fence ownership was never actually clarified. But since I've been the owner and maintainer of this fence for 17 years, does that no give me rights anyway?
Customer: replied 1 year ago.
Does it not constitute criminal damage if they were to actually rip out the fences I've just had installed?
Expert:  Ash replied 1 year ago.

Yes it is criminal damage. You can report this to the Police who can investigate and prosecute if necessary.

Unless its marked on the Deeds then its a shared boundary.

This means you are both owners and liable for it. But he cant just rip it out, that is illegal.

Can I clarify anything for you about this today please?
Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Alex, can you confirm a time you might be able to get in touch?
Expert:  Ash replied 1 year ago.

When would be good to speak?

Customer: replied 1 year ago.
I'm available all day today
Expert:  Ash replied 1 year ago.

Do you have a number we can speak on?

Customer: replied 1 year ago.
I provided my contact info privately - did you not receive it?
Expert:  Ash replied 1 year ago.

ok.