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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We recently replaced a boundary fence which had rotted because

Resolved Question:

We recently replaced a boundary fence which had rotted because our neighbours constructed a raised flower bed against it. It cost a lot of money because of this bed - we needed concrete posts and a double layer of concrete gravel board. The top section is close boarded with the arris rail facing our neighbours' side. I had asked for it to face our side because I believed the law required this. The fence builder said there was no such law and that it would be better the other way round. Now our neighbours' son is saying that this is unacceptable, that the fence builder should have known that the law requires the arris rail to be on our side, and that we must reconstruct the fence accordingly. Who is correct? Are we obliged to pay out further to correct this?

I should also mention that there is no indication in the Land Registry entry that the fence itself is actually our responsibility - we were told informally that it was because it was on the left hand side as you face away from the house. I have since been told that this too is a myth. I don't see a problem as our neighbours believe it to be our responsibility but is it possible we have broken the law by constructing the fence in the first place? As far as we can tell the new fence is wholly sited on our property.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Unless it is in your deeds that states otherwise it makes no difference.
Alex Watts : There is no law which states it must face one side or another.
Alex Watts : Can I clarify anything for you about this today please?
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