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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I live in the ground floor flat of a semi detached property

Customer Question

I live in the ground floor flat of a semi detached property that has a garden fence between my garden and that of my neighbours on the left hand side of the building if you are looking at the front of the property, (and from the windows to the rear of the property). Part of the panel fending has come down as a result of the storms and I am trying to establish who is responsible for the repair of the fence. I have checked the deeds of the property and there are no indicators, such as a T or H. Also, the lease does not state who is responsible for the fence. I note that the guidance from the Land Registry states that if the supporting posts are on the left hand side of the fence it would be my responsibility to repair the fence. However, the fence is of such a style that the supporting post are central to the fence instead of being on the right or left hand side. The fence was already in place before I or my neighbours purchased the lease holds for our flats and we do not know who erected the fence. I have been informed by one person that is my responsibility to repair the fence as it is on my left, but would be very grateful if you could advise on the matter.

Kind regards,

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

Alex Watts :

Hello my name is Alex and 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 :

As you look at the house from the front of the property, is the fence on the left or right please?

JACUSTOMER-j2l7jsn6- :

Hi Alex. When looking at the house from the front of the property the fence is on the left hand side

Alex Watts :

Unless otherwise stated in your deeds, then by convention you own the fence to the left hand side.

Alex Watts :

If you are in a flat then you lease it.

Alex Watts :

If it is not contained with your lease then the Landlord or freeholder would be responsible for it

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-j2l7jsn6- :

No thanks Alex. Thank you for your advice on the matter. I will inform my neighbours that it is our fence and can now make arrangements to repair it.

Alex Watts :

Thank you.

Alex Watts :

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Alex Watts :

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