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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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Hi My neigbour has agreed to share the costs of a broken

Resolved Question:

Hi

My neigbour has agreed to share the costs of a broken fence as it is very unclear whose responsibility it is. It is the fence at the bottom of his garden which backs onto the side of my garden. After presenting him with two estimates he has come back to me suggesting that instead of a fence he uses the back of a proposed garden summer house he intends to install and then fill in either side with tongue and groove panels. In other words the back of his building becomes the boundary fence. I feel uneasy about this and wonder if there is anything I can put to him to put him off the idea. I have considered the aspects of this if I want to sell....Anyway any advice would be helpful. I have even said to him I would pay for the fence and he contributes what he feels he wants to. Many thanks

John Gittos
Lewisham
London
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer :

Hello, I think you could say that using the back of the summer house as a boundary feature is not a good idea because you are agreeing the boundary is a party one, with shared ownership and responsibilities. Clearly, the rear wall panels of the summerhouse are intrinsically part of that building, not in the nature of a party fence. It could lead to future disagreement and so it is best to have a fence, even if the summer house is immediately abutting it.

Customer:

Hi

wingrovebuyer :

Hello.

Customer:

Yes I agree. It seems an odd idea. I suspect its about cost and him being able to access the rear of his summerhouse for painting etc if needed. Also given that it is immediately outside my conservatory it may be difficult explaining to any future purchaser that the boundary fence is his summerhouse and you are right could cause problems in the future. Thanks for your response. I suspect I will end up paying for it however I van now present a solicitors perspective. Thanks

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