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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 32826
Experience:  Over 20 years experience
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Good evening, I have recently installed a Willow Screen against

Customer Question

Good evening, I have recently installed a Willow Screen against a fence within my Garden (right side) following verbal consent from Neighbour. Unfortunately the Neighbour (a council tenant) is now pressurising me to remove the willow screen (under 2ms high). We are not able to obtain evidence who the fence belongs to although I believe it belongs to me because the previous tenant (who lived in my Neighbour's house) informed me years ago it belonged to my house. Unfortunately the deeds only show the boundaries and does not mention fence ownership. The Council do not know who owns the fence either. I privately own my house and garden. The Neighbour now claims that I am required to issue a Fence Notice. Is this true? I look forward to your reply.
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
This is absolute nonsense - you are entitled to install a willow screen under such circumstances - it is not uncommon for people to not know who put up the original fence - but you in this case can rely upon the advice given to you by the previous tenant. Happy to discuss. Please rate positive
Customer: replied 1 year ago.
Hi ThomasMany thanks for your quick reply. Its good to receive the advice which is certainly helpful. The previous tenant had passed away a few years ago and I am not able to contact the previous owner of my home to confirm ownership so unfortunately would not be able to obtain proof if needed. So my last concern would be whether it would be considered a joint ownership.
Expert:  Thomas Judge replied 1 year ago.
The starting point is obviously this is a conversation which you had and you would be able to confirm if necessary the veracity of your statement - clearly you will not now be able to get any additional evidence to support this. i would state on the basis that it is your fence and that this was confirmed to you previously and you have always acted in this view. If you need to compromise then the position would clearly be that it is a joint fence. The fact is that the neighbour can not contradict your position with any confidence. I hope that this helps. Please rate positive - thanks
Expert:  Thomas Judge replied 1 year ago.
I hope this helps - please rate positive

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