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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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having an ongoing issue with my hosing association

Customer Question

Hi having an ongoing issue with my housing association landlords . Years ago I paid out hundreds of pounds to fence my garden with 6ft privacy panels within the associations boundary fences . My neighbour has taken down the associations boundary fence and dug down just over a foot alongside my fencing causing damage all the way with gaping holes all along ... The housing landlords are saying that they will not repair the damage .. The neighbour has moved out and there are new tenants who reported my damaged fence as it is now their boundary fence and had contractors from housing to install new fencing to replace mine which I would not allow .. How do I stand legally on this matter as it's been going on since last July ? They will not replace the boundary fence as they quote " my personal fence is adequate " my neighbour says it's her fence now as its in her garden providing her right side boundary !!!
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.
Hi
has any damage been done to your fence by the excavations/
Clare
Customer: replied 1 year ago.
Yes damage was done but housing association say they are not responsible for damage done by another tenant . Cps will not do anything either
Expert:  Clare replied 1 year ago.
Hi
How much will it cost to put the damage right - how has it effected the fence
Clare
Customer: replied 1 year ago.
I've no idea tbh Claire but they would not repair and as I already stated because my personal fence is all that separates the 2 gardens now my neighbour complained that it was damaged as to her it's now her boundary fence and so the housing association agreed to replace all the fence panels for her behalf .... I refused this as I would be out of pocket for what I paid for my fence and being disabled could not paint it again etc All I wanted was the damage repaired as the bottom of all my panels are damaged and there are big holes all along which all my stone clippings have fallen through also . I hope you understand this but it's all had to explain
Expert:  Clare replied 1 year ago.
Hi
No worries.
is there any reason why they cannot re-instate their fence where is used to be - the other side of yours?
Clare
Customer: replied 1 year ago.
Housing association say that my fence is adequate but in theory as I see it that makes my fence the boundary fence now doesn't it ????
Expert:  Clare replied 1 year ago.
Hi
May I ask why that is a problem?
Clare
Customer: replied 1 year ago.
Excuse me !!!
Customer: replied 1 year ago.
Excuse me !!!!
Customer: replied 1 year ago.
Have you not read my previous answers/ questions ??
Because my fence I paid for was erected in front of my neighbours boundary fence .... As my fence is the only one in place then my neighbour now states it is her fence and will use it as so
Expert:  Clare replied 1 year ago.
Hi
I am sorry I wasn't very clear.
The fence is and remains yours at all times and your neighbour has no rights over it.
It cannot be taken down by the Housing Association as it belongs to you.
However since there is a reasonable fence there the Housing Association do not have to put a new one up even though the boundary is technically their responsibility
If you wish to protect your position you shoudl write and remind them that you still own an inch or so of the next door property.
If your fence falls down then THEY will have to put a fence up, but until then they do not need to.
The housing Association are not responsible for repairing the damage done by their tenant - but if you have an address for the tenant you can sue him for the costs of repair
I am not certain that this covers ALL your concerns - but it would help if you could confirm what further information you need
Clare
Customer: replied 1 year ago.
Hi yes in theory a couple of inches of neighbours garden belongs to me but its a rented housing association so how do I stand on that one ? The housing know it's my fence but if it deteriorates anymore because of the damage done and they replace it then the fence will belong to my neighbour as it will be her legal boundary fence ....
Expert:  Clare replied 1 year ago.
Hi
Any replacement fence will have to be erected on the original boundary - not along your fence line
Clare

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