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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 814
Experience:  Experienced solicitor
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We have a party wall fence (wooden fence) which is in a very

Customer Question

We have a party wall fence (wooden fence) which is in a very poor state of repair. We cannot get agreement with our neighbour as to what action should be taken. Can we erect a new fence, say 3 inches away but on our side of the land? Would this be our fence which we could change if we wanted to?
R & S. Goodchild
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.
Yes you can do this. Yes it would be your fence that you can do what you want with.
LondonlawyerJ and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Yes, we do have one further question. Should we agree, in order to maintain good relations, a party wall wooden fence on the party wall line, could either party take it down without the other party's agreement?

Expert:  LondonlawyerJ replied 2 years ago.
If you could reasonably interpret their agreeing to joint fence to be agreement to actually putting it up then yes. Otherwise then no.
Customer: replied 2 years ago.

Our property was built around the late 1800s (Victorian). At the rear of our property is a wooden fence. The fence has three wooden posts each supported by a concrete pillar which ends half way up the wooden post. The concrete pillar are on our neighbour's side. This fence existed when we purchased the property in 1999. On the other side of the fence is our neighbour's garden which runs along the bottom of our garden and two further gardens in our road. The neighbour's house was part of a development which was built some 30 years ago.

The solicitor who carried out our conveyance writes 'the rear wall may not beyond to the property. In the absence of clear indications then the walls may be regarded as party walls ie jointly owned.'

Our neighbour writes 'firstly let me confirm again that my intention is to replace the fence. It is old and rotten. It is simply a case of budget and timing.'. We ourselves believe the fence needs to be replaced and the dense thick ivy that destroyed the fence totally removed.

Our neighbour says she needs to think about what sort of fence to put up and she has to consult with all three immediate neighbours and then see what she can afford. We believe, on past performance, she could take another year or more before the fence can be replaced. We need to get the identical fence up before we can complete landscaping our garden.

We believe we have the right to repair this fence but as it is beyond repair replace it with an identical/like for like fence. Assuming it Is either our fence or a party wall fence we believe we can reject any alternative fence and we hope we can set a time limit on the work to be carried out.

We have offered to replace the fence and dig out all the ivy at our cost. The roots are either under the fence or on the neighbour's side. Our only stipulation was that we could start the work straightaway. Our offer has been refused.

Expert:  LondonlawyerJ replied 2 years ago.
Hello. I will need to get back to you either tomorrow or on Monday about this I am afraid as v v busy this weekend.
Customer: replied 2 years ago.

My apologies! My penultimate paragraph was badly phrased. My questions were:

Assuming the above is a party fence wall or our fence:

1. Do we have the right to replace the existing fence with an identical/like for like party wall fence, since both parties agree it is beyond repair?

2. Can we refuse to agree to any other type of fence being put up other than an identical/like for like party wall fence?

3. Can we set a time limit on the erection of this fence, whether the costs are borne by us or shared?

Can we ask you whether Thomas Judge and London Lawyer J are one and the same person?

There are two amendments to our message of 24 July.

First paragraph 4th line should read 'neighbour's side. Very probably the concrete supports were placed on the other side because at the time this was common land?, This fence existed '


First line of the second paragraph the word 'beyond' should read 'belong'

Ronnie and Sue Goodchild

Expert:  LondonlawyerJ replied 2 years ago.
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Customer: replied 2 years ago.

We have not received an answer to our 6 paragraph question dated 24 July nor our 9 paragraph message sent on 26 July which you requested. Do you want further copy.

Please reply

R & S Goodchild

Expert:  LondonlawyerJ replied 2 years ago.
1 You will need to go through the notice serving procedure in Party Walls etc Act if ti a party wall fence.
2 The idea is to reach agreeement but there is a dispute resolution procedure in the Act.
I am not Thomas Judge.
You wan tot avoid the expensive and time consuming dispute procedures if you can.