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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69897
Experience:  Over 5 years in practice.
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Hi, my neighbour is refusing to fix their fence (currently

Customer Question

Hi, my neighbour is refusing to fix their fence (currently twigs, branches and old boards) and I am unable to use my garden fully (dogs on leads) If I draft a letter serving notice that if they didn't repair the fence within 30 days, we would recover the costs through the small claims court? If I have put up a fence on my side will I be able to recover the costs through the small claims court? I really would like to use my garden again!
Thank you
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

Just to clarify, there is currently a fence in place?
Customer: replied 3 years ago.

Hi, temp fence between 2.5 feet held in place by twigs and branches and the where it has not fallen down between 4 and 5 feet. They are responsible for that side

Expert:  Remus2004 replied 3 years ago.
You could only make the neighbour repair the fence under two different circumstances:

1 If this property is leasehold and there is a condition in the lease that he repairs the fence.

2 The property is freehold and the current owner individually covenanted to repair the fence in his deeds when he bought the property.

Just because the fence may be his responsibility or he may own it does not mean that he is under a duty to repair it.

Nor does he have to let you do it even if you volunteered to repair it. He is quite entitled to let it fall down provided of course that it does not fall onto your land and damage your land.

If anyone was hurt as a result of the nails, there is a claim in common law negligence

The only solution you have therefore is to put your own fence up, but if he will not let you remove what is there, you are faced with putting it on your side of the boundary.

In any event, actually putting your own fence up put you in control and is going to be cheaper and less risky than actually taking him to court even if there was a covenant for him to repair the fence.

I’m sorry that this is bad news for you.

Can I clarify anything for you?

Customer: replied 3 years ago.

Thank you very much for speedy response.





Expert:  Remus2004 replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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