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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70700
Experience:  Over 5 years in practice.
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I removed a rickety fence when I moved in 17 years ago. Now

Customer Question

I removed a rickety fence when I moved in 17 years ago. Now the neighbour says she wants it replaced. Do I have to comply?
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.

On what basis does she want this replaced please?
Customer: replied 3 years ago.
I now rent out this property and I believe she has fallen out with my current tenants. She also has a reputation of falling out with neighbours. I hope this is of some help.
Expert:  Remus2004 replied 3 years ago.
Thanks

If this fence belonged to you and the property is freehold, and the fence is your responsibility because it is noted in the deeds or it was always your responsibility, the neighbour cannot make you repair or replace it and if she wants a fence put up, she is going to have to pay for her own.

In fact, the cost of her putting the fence up is going to be probably less (and certainly less risky) than going to court.

However if the property is leasehold and there is a provision in the deeds whereby you are responsible for the fence, she can take you to court and win.

Also, if you personally covenanted in the deeds to keep the fence in good repair, even if the property is freehold, that can be enforced. However it must be a covenant which is personal to you and not just a general covenant from years ago by a predecessor

Can I clarify anything for you?

Jo
Remus2004 and 3 other Property Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you jo for your reply. That's very helpful. I will have to check the deeds but I know it is freehold and I'm pretty sure it was my responsibility.
Thank you again, Paul
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’.
Customer: replied 3 years ago.
Thank you. I will do that if necessary.
Expert:  Remus2004 replied 3 years ago.
All the best
Customer: replied 3 years ago.
I have rated your answer as excellent. If there is something else I need to do to close this let me know.
Expert:  Remus2004 replied 3 years ago.
There's no need to do anything else.

Just stop responding or the site demands a response from me.

Best of luck.