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Ask LondonlawyerJ Your Own Question
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
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We have a dividing fence between 2 properties, which was

Customer Question

We have a dividing fence between 2 properties, which was blown down in the horrific winds and rains in December 2013, but my neighbour is refusing to pay 50% of the cost, as the land registry legally specifies.

The Land Registry Number: LT172945 dated 02 March 2005 under A Property Register Point 4 clearly states at one point in this paragraph, to quote "any adjoining or neighbouring property shall at all times hereafter be so used and enjoyed and shall be repaired and maintained at the joint and equal expense of the owners for the time being of the properties entitled to the user thereof" unquote.

So I am intending to reinstate the fence, advise my neighbour of the best quote obtained to replace the fence. I then intend to contact the CCMCC and take out a "small courts claim action" to recover 50% of the cost of the fence and my out of pocket expenses.

My question is does the land registry number LT172945 protect me to legally make this claim.

Mr Dilip Drubhra
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello. I am a lawyer with over 15 years experience and will try to help you with this.

LondonlawyerJ :

I am not sure that wording is necessarily very helpful or that it refers to fencing. The usual position is that each neighbour will be responsible for the upkeep of one of the side fences in the garden. It should have been made clear by your solicitor at the time of purchase and which fence was your responsibility, or if a joint repair situation existed. It is very likely to be the same fence in every grden on the street. Are you ablke to check your old conveyancing letters to verify what the position is?

JACUSTOMER-k0ff436d- :

You did not answer my specific question.

JACUSTOMER-k0ff436d- :

Were you quoting American Law?

JACUSTOMER-k0ff436d- :

I was wanting to know if the uk land registry LT172945 UK Law would support would support a UK court action in a small claims court.

LondonlawyerJ :

I was not using US law I was referring to English & Welsh law. The short answer to your question is that the phrase you refer to does not help you. The position with duty to maintain fences will have been dealt with in enquiries between solicitors during the purchase and in the property information form. This is where you should look for your answer.