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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 777
Experience:  Experienced solicitor
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Hi, just wondering where I stand, I live on a private estate,

Customer Question

Hi, just wondering where I stand, I live on a private estate, I replaced my boundary fence in the summer as old fence rotten, advised the neighbour, no problems new fence erected.
Last weekend I noticed that there was black creosote / stain coming through the panels and also they had erected hanging baskets on the fence, surely its my boundary, my fence , they cant do that with out asking permission, please advise asap thanks Adam
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
Customer:

Hello, I am a solicitor with 20 years experience. I will try to answer your question

Customer:

I assume that this is the fence which it is your responsibility to maintain. Do you know precisely where the fence is located. Is it on your land right next to your neighbour's land or is it actually astride the boundary?

Customer:

I take it that they have only done work on their side of the fence.

Customer:

13 years will not be enough to gain an easement through customary use (ie by prescription) so you will be stuck with the old easement in terms of a legal right of way. I am afraid there is no such thing as a right to a view.

Customer:

I apologise the last short paragraph was posted on your thread in error.

JACUSTOMER-lhcg1dea- :

iTS THE BOUNDARY SPLITTING THE PROPERTYS, MY BOUNDARY, BUT THEY HAVE PAINTED MY BOUNDARY FENCE ( WHICH FACES THERE GARDEN

Customer:

In that case, and assuming you are right, they have done nothing wrong unless they have damaged your side of the fence. It sounds like there may be some minimal damage from the creosote but you have not mentioned any damage by the plant holders. It is not "your" boundary fence if the fence straddles the boundary (not all boundary fences do).

JACUSTOMER-lhcg1dea- :

Hi, it is my boundary, as you look out of my lounge, the fence is too the left of my garden, as my right had fence is the other side neighbours.

JACUSTOMER-lhcg1dea- :

Im told that they cannot stain. paint or hang anything off my boundary fence unless I give them permission. please advise is this correct do they need permission ? if yes and they gone on and painted / stained and hung baskets then that can relate to criminal damage ?

Customer:

There is nothing in the general law to prevent them from doing what they want to their side of the fence if it is on the boundary facing onto their land, as long as they do not casue damage. If there is something in your deeds varying this then things may be different.

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