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Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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Ya, could you please offer any advise regarding my boundary

Customer Question

Hi ya, could you please offer any advise regarding my boundary fence?
I own my house and at the back if my garden there was a chainlink fence and a wooden fence marking my boundary with a 8 inch gap between them. My property backs onto an allotment owned by the council.
I have removed the chainlink fence in order to maintain the wooden fence and clear away the weeds in between the 2 fences. The council are now telling me to reinstate the chainlink fence.
The wooden fence is not marked on the original deeds, obviously build afterwards.
On my deeds it also shows the chainlink fence as my boundary, marked with a T pointing inwards towards the house.
Have the council any authority to ask me to reinstate my chainlink fence when I have recently renewed the wooden fence and now acts as the boundary.
This has been ongoing for 8 months now. Could you please offer any advise?
Many thanks
Submitted: 11 months ago.
Category: Law
Expert:  Buachaill replied 11 months ago.

1. Dear Jamie, I regret to say that if one of two neighbours removes the boundary fence, that neighbour is obliged to reinstate the boundary fence if the other neighbour requests them to do so. Essentially, a fence on the boundary line of two properties is jointly owned. So, if one owner removes it, they have to replace it. Here the Council can erect a fence along the line of the previous line of the chain link fence, but they may then send you a bill for it

Expert:  Buachaill replied 11 months ago.

2. I appreciate there is a wooden fence here, but as it does not run along the boundary line, it is the sole property of the C Council. In strict point of law, by using the wooden fence as the boundary, you are trespassing on the Council's land. So, the Council are within their rights to seek to have you replace the old chain link fence. However, any boundary marker which demarcates the boundary and separates the two properties would be sufficient.

Expert:  Buachaill replied 11 months ago.

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Customer: replied 11 months ago.
Thank you for you answer. I think you misunderstood slightly, the wooden fence is on my side of the boundary, therefore 8 inches onto my property. The boundary fence is not shared, it is own by me as per my deeds, marked with T.RegardsJamie
Expert:  Buachaill replied 11 months ago.

4. Sorry for the error.