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Remus2004
Remus2004, Barrister
Category: Property Law
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Experience:  Over 5 years in practice.
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My husband erected a fence on my neighbours boundary many years

Resolved Question:

My husband erected a fence on my neighbours boundary many years ago for our and his privacy. This fence has now fallen down. Is it his responsibility to remove it or mine?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How long has the fence been in place for please?

Is the property leasehold or freehold?
Customer: replied 2 years ago.

The fence has been there for about 20years. My property and my neighbours is freehold.


 

Customer: replied 2 years ago.

The fence has been there about 20years. My property and my neighbours are freehold

Customer: replied 2 years ago.

I don't see the answer to my question

Expert:  Remus2004 replied 2 years ago.
Thanks.

The legal rule is that anything attached to the land becomes part of the land and therefore if the neighbour wants to claim the fence as his own, he can do.

However even if he does not want to do that, your husband is quite at liberty to let the fence fall down and to leave it even if it belongs to him. Unless there is a covenant in his deeds whereby he covenanted to repair the fence, he cannot be made to repair it.

In fact, this probably goes a little further and that is that the fence is on the neighbour’s land, the fence now belongs to the neighbour and it is the neighbour’s responsibility.

Regardless, your husband cannot be made to keep the fence in good repair. He is potentially liable if anyone get injured by it if for any reason it is now dangerous.

Can I clarify anything for you?

Jo
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69530
Experience: Over 5 years in practice.
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