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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My neighbour is erecting a lean-to, to the side of his

Resolved Question:

My neighbour is erecting a lean-to, to the side of his house, and attaching it to a fence built on my drive, but this fence does divide our properties, normally it would be erected on the boundary line, but to help my previous neighbour I had the fence installed on my side. Does my new neighbour have any right to attach his lean-to to this fence, I worry on several accounts, water running off roof onto my drive, he has said he will put up guttering but my experience of him, he never finished a job he starts. If he damages the fence or indeed in the future how would I replace the fence as it deteriorates, the fence is just concrete posts and concrete panels. I have been told that concrete posts do not stand up to much drilling? Or could I now tell him I will take the fence down and replace it with a 3ft one so he can't build onto it? On initial request I did give permission, it was only on reviewing the situation I realised the fence is on my side. Does this have any bearing on the outcome for me now that I changed my mind?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear its being affixed to your fence, Ie your property?

Customer: replied 1 year ago.
it will be attached to my fence. Sorry for delay, I have been taking a picture for you.
Expert:  Ash replied 1 year ago.

potentilly you could be liable for your neighbours costs as you have given permission and changed your mind.

But nothing can be affixed or drilled to anything in your land, including the fence or posts without your permission.

In short if you have permission but it was not indicated that would include drilling, the you can revoke permission on that basis.

But in short the neighbour can't do anything or damage or your Property without permission.

Can I clairfy anything for you about this today please?

Alex

Customer: replied 1 year ago.
What my position then, if I wanted to remove the fence and put up a smaller one. Or in future if I need to replace it.
Expert:  Ash replied 1 year ago.

Well you need to ask your neighbour to do that. You can't remove anything he has attached, he has to.

You would be entitled to replace the fence in future but then you would be responsible for that work and costs. That's because you wanted to change your mind, not your neighbour.

Can I clairfy anything for you about this?

Alex

Customer: replied 1 year ago.
It is my fence, so I would expect to cover the cost of replacing my own fence. But are you saying I would have to cover the cost of my neighbour removing all the woodwork, roof sides etc., in order to replace the fence.?
Customer: replied 1 year ago.
Just read your statement again, are you saying, if I hadn't changed my mind, then my fence would no longer be mine, but would then belong to my neighbour?
Customer: replied 1 year ago.
Totally confused and no better off, with understanding my rights up to a point.
Expert:  Ash replied 1 year ago.

Sorry I was in meeting. If you take the fence down etc then you would be liable for removing the neighbour woodwork etc yes.

If you hadnt changed your mind then you wouldnt be liable for your neighbours costs, but as you have, you will be

Does that clarify? Alex

Expert:  Ash replied 1 year ago.

You have given a negative rating despite me giving you the legal answer and clarifying the situation for you, this affects my standing on the site.

What else do you want to know? Alex

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