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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a problem with a new neighbour. We have always repaired

Customer Question

I have a problem with a new neighbour.
We have always repaired and maintained the left hand side fence looking out of the house towards the garden on our property.
This has been the practice by all of our neighbours past and present since we moved into the property in 1986.
My new neighbour is saying it is the right hand side fence looking out of the house towards the garden is our responsibility which differs from the previous neighbour who always replaced and repaired the left hand side fence.
The problem I have is that the previous occupants bought some land from the house to the of the new tenant many years ago which enabled them to build an access road into the garden and build a brick wall around the front of the house which borders the road, the front left and the front right side of my house which I have maintained.
Furthermore it is actually stated in the documents when I purchased the house that it is the right hand side fence looking at the house from the road that was to be maintained by the vendor.
I have looked at the title needs to see if it states who is responsible for which fence but there is no information to confirm one way or another.
I think the confusion may be that my neighbour thinks that as I maintain the front right hand fence due to the purchase mentioned earlier that this extends to the back garden. That being said what I can't understand is why all off the neighbours past and present have always maintained the left hand side fence of their gardens. (I have already spoken to my neighbour on the other side of my property how has lived in his house for 20 years who also always thought that it was the left hand side garden fence he was responsible for).
Could you please advise which is the best way forward to deal with this as I find it hard to believe that all of the neighbours in my road have been maintaining the wrong fences for such a long period.
Thanks & Regards
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.Is there anything in your deeds about this please?
Customer: replied 2 years ago.

No. Unfortunately. These are ex Council properties sold in the early 1970's.

Expert:  Ash replied 2 years ago.
I agree. By convention its the left side. Unless your neighbour can show YOU otherwise you are correct. Ask the neighbour on what basis and where it is set down.
But unless he says otherwise, its the left and as you say all the neighbours cant be wrong!
Can I clarify anything for you about this today please?
Alex