How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Remus2004 Your Own Question
Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

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: 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.

How long has the fence been in place for please?

Is the property leasehold or freehold?
Customer: replied 3 years ago.

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


 

Customer: replied 3 years ago.

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

Customer: replied 3 years ago.

I don't see the answer to my question

Expert:  Remus2004 replied 3 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 and other Property Law Specialists are ready to help you

Related Property Law Questions