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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70521
Experience:  Over 5 years in practice.
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we have a fence boundary with a housing ascoiation, for which

Resolved Question:

we have a fence boundary with a housing ascoiation, for which the are responsible. this fence over the past 3 years keeps falling down and is in an very poor state of repair. They are unwilling to do anything about it except "repair" it when needed. Is there any legal thing we can do.
Also they have an ivy infestation in their property which keeps growing into ours. Last year I paid out £400 to have it removed and within 6 months it has started to grow into our property again. I have asked them to deal with this but again they do not seem willing to. As there is a cost to us each year is there a legal point of view to get them to address this?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Does the fence cause any damage when it falls down please?
Customer: replied 3 years ago.

No not really juzt a nuisance. The main problem is the ivy issue


 


 

Expert:  Remus2004 replied 3 years ago.
Thanks.

Unless the property is leasehold and there is a covenant in the lease whereby they covenanted to repair the fence, you cannot actually make them repair or replace it.

Although they may be responsible in the deeds, they may actually want it to fall down.

They are responsible however for any damage that it causes if it does fall down.

They also don’t have to let you repair or replace the fence either.

They are responsible for removing the ivy and if they will not do it then you can get it done yourself and sue them for the cost of doing so.

Here is the link to the small claims service.

www.moneyclaim.gov.uk

Can I clarify anything for you?

Jo
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