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Nicola-mod, Moderator
Category: Property Law
Satisfied Customers: 19
Experience:  Moderator
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I had a picket fence between myself and my neighbour which

Customer Question

I had a picket fence between myself and my neighbour which is or was my responsibility for the up keep, the neighbour has remove the picket fence and put a six fence in place the problem is the fence is in bad shape and needs repair is it my responsibility or the neighbours ?, the neighbour bid not have my permission to remove the picket fence.

Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 : My name is Alex and I will help with this. On what basis were you responsible for the old fence, was it in the deeds? Does the fence belong to the neighbour please?
JACUSTOMER-9p4xu4iw- :

yes it was in the deeds when I purchase the property that between myself and neighbour that I am responsible for the fence which was original a picket fence the neighbour has remove the concrete post and replace it with a six foot panel fence with wooden post, have they change the boundary by removing the original post and is it still down to me for the up keep for the fence when I never gave permission to remove the picket fence?

AlexWatts2013 : On what basis did they remove the old fence? Did they ask you please?
JACUSTOMER-9p4xu4iw- :

Alex I don't know why the remove the old fence and NO THEY DID ASK ME !!!

JACUSTOMER-9p4xu4iw- :


AlexWatts2013 : Thank you. In that case if they removed the fence you are not liable for it. You are only liable for the existing fence and if they change the fence it must be of the same type. You should not be expected to maintain this larger fence. Had it not been for the fact they changed it, you would not have additional work to do. As such because they did not even consult you are not liable. You should speak, or write to them and say because they did not ask or agree with you and that they have changed the fence to one which will be more work, you are not liable. However if the fence is yours (and generally as you look at the house from the road you would own the one on the left) they should not have removed it. If the fence is theirs it should have been replaced like for like. But the bottom line is now you are not liable.
AlexWatts2013 : i hope this answers your question now and if so please be kind enough to take a moment to rate my service, otherwise if you need further information or help click reply. Alex
Expert:  Nicola-mod replied 3 years ago.

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