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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 814
Experience:  Experienced solicitor
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my neighbour just erected new fence posts, but to my surprise

Resolved Question:

my neighbour just erected new fence posts, but to my surprise the fence posts are down the middle boundary line, meaning that half of each posts , and arris rails and boards are on my land, is it legal to do this? If the fence damaged , it looks as if I am responsible for it? thank you!
Submitted: 3 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 3 years ago.
LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

If the fence is right down the boundary line and equally on both sides then this is where it should be. If the deeds specify that it is his responsibility to maintain the fence then that will remain the case.

Customer:

thanks for your reply. how can I know if the deeds specify that it is his responsiblility to MAINTAIN the fence? I just know that he is responsible the fence.

Customer:

can you explain for me clearly? the situation is just the POSTS are down on the middle boundary line, but the rails and boards are not, it means he is not done right? thanks!

LondonlawyerJ :

It may be that your neighbour owns the fence. The quickest way to check if this is the case is to check eh deeds and see what they say about ownership. If the plan has a T mark by the fence with the the vertical pointing to his property he owns the fence. This does not mean that he is responsible for the maintenance of the fence however. The information about that should have been found out and communicated to you by your conveyancing solicitor.

LondonlawyerJ :

Generally the fence if solely owned by your neighbour should be built in such a way that it comes up to but does not cross the boundary.

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