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?
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.
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
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.
R & S Goodchild