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Barrister Khan
Barrister Khan, Barrister
Category: Property Law
Satisfied Customers: 50
Experience:  Excellent legal grip
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A neighbour owns and maintains a piece of land, put to grass

Customer Question

A neighbour owns and maintains a piece of land, put to grass and bordered by a fence, in front of our property. Part of the fence blew down some time ago and has been left lying in a heap with weeds growing through. This is an eyesore, but also, we believe, devalues our property and those of other neighbours. Do we have any recourse?
Submitted: 11 months ago.
Category: Property Law
Expert:  Barrister Khan replied 11 months ago.

Thank you for your query.

I presume the fence is owned by the neighbour and is rotting in their area of land. So If the question you are asking is: How can I make my neighbour repair or replace his fence? then my answer is that you most likely cannot force her to spend money on her fence if she doesn't want to. It is, after all, her fence and if she wants to let it rot away then that is her choice.

Don't forget that there is no general obligation in law that requires him to fence her boundaries, so you cannot depend on the forces of law to make him change her mind.

Hope this helps.

Regards

Khan

Barrister

Customer: replied 11 months ago.
Can we not get her to remove the eyesore
Expert:  Barrister Khan replied 11 months ago.

You could leave the old fence exactly where it is and erect your own fence right alongside of your neighbour's fence. So there are now two fences, one on your land and one on your neighbour's land. The boundary, being a line of no thickness, would then run between the two fences even if those fences are touching each other. But you can not legally do anything to her fence.

I hope this helps. Please may I request you to also rate me for my answer as this is the only way I get recognized for my services. Thank you very much.

Regards

Khan

Barrister