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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 803
Experience:  Experienced solicitor
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Our title deeds show we are responsible right hand

Resolved Question:

Our title deeds show we are responsible for the right hand boundary, looking at the house from the street. There is no fence along that boundary, our neighbour who wants to sell his house says he has been told by estate agents that it will remain impossible to sell his house whilst it remains a shared drive and he wants us to put a fence up to increase its saleability. There was originally a concrete/wire fence there when he moved in which he took down, with our agreement, otherwise he would not have been able to get his car down the side of his house. We are satisfied with the present arrangement. Are we obliged in law to re-erect a fence at our expense, the removal of the original benefiting him more than us, to facilitate the sale of his property.
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
My initial reaction is that you probably do not have to but how do the deeds describe your responsibility for the boundary.
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Customer: replied 2 years ago.

That any walls, hedges or fences should be kept in good repair.

Expert:  LondonlawyerJ replied 2 years ago.
That is fine then. There are no walls hedges or fences. They were removed by your neighbour. You have no obligation to build anything and certainly not at your expense.
If you were feeling generous you in a spirit of neighbourliness you could agree to share the costs of him putting one up.
Why would the lack of a fence make it impossible to sell an otherwise good house? Is your neighbour being truthful with you?
Customer: replied 2 years ago.

I'm not sure, we have lived next door for many years and I'm afraid that experience has shown he has always had an "eye to the main chance" to such an extent that we are the only ones on the street who still have any conversation with him. There is a fence from the rear of the property to the rear of the garden which he erected when he first came her over 25 yes ago because the existing one didn't afford sufficient privacy and he wanted me to replace it but at the time mine was rented and the landlord refused.

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