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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The fence between my neighbour and myself has down due

Resolved Question:

The fence between my neighbour and myself has blown down due to it being old and the post has rotted out. According to the Land Registry the neighbour is responsible for the boundry. After speaking to my neighbour and offering to pay half of the costs of a new fence he has told me that the fence is mine (although I have proof it is his) he has point blank refused to pay anything and as far as he is concerned he does not want to pay anything. What rights do I have if as he has refused to accept any liability for it?

Many thanks

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

Alex Watts : Hello Jean 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What stage are proceedings now, have you done anything about this please?
Customer:

I have not done anything about this as I only spoke to my neighbour today. I just need to know what I can do about his refusal to admit that he is responsible in any way for the upkeep of the boundary fence. The only evidence I have is from the Land Registry. I paid them for a map of which boundary I was responsible for and which was the responsibility of my neighbours.

Alex Watts : Yes of course.
Alex Watts : The first step is to get a solicitor to write to the neighbour and set out your position.
Alex Watts : The solicitor needs to say that the fence is his and he is liable for it.
Alex Watts : The solicitor will also say that unless the matter is resolved in a short period say 14 days you will issue proceedings.
Alex Watts : If that is necessary then you an issue proceedings and ask the court for an order that the neighbour fix the fence or you be given permission to do so but can seek to recover those costs from your neighbour.
Alex Watts : There as you can see, two very different states. Ideally you would want the matter resolved pre litigation stage.
Alex Watts : But if you do issue proceedings and win, you could also claim the cost of the solicitor back.
Alex Watts : But these are the steps you should take to have the matter resolved.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Dear Ms Watts

Customer:

Thank you very much for your prompt answer.

Customer:

Dear Ms Watts

Ash and other Property Law Specialists are ready to help you