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Category: Law
Satisfied Customers: 33536
Experience:  Barrister at Self Employed Barrister
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My neighbour has allowed 40 inches of rubble to build up on

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My neighbour has allowed 40 inches of rubble to build up on his side of the boundary fence which I own. I have had to prop up the fence that is leaning into my garden at least 30 degrees and for a length of 5 panels, including posts - all wooden. He states its been that way for some time and the previous owner of my property stated it be left. That being the case I explained that since I moved in 18 months ago it has become worse and have suggested he repair / replace it. During discussion I offered 50% contribution as good will. The neighbour is now stating that he wants a certain type of fence and as it is my fence he should have a legal right to part ownership if he contributes. I have suggested I replace it and seek redress from him (via small claims court) as it is his rubble and soil build up from his DIY that has caused the damage. The remaining fence between two other properties belonging to me is fine and of the same age and type - 30 panels in length.
If his rubble is causing the damage to your fence then you have a claim for all of the cost of repairing the fence. The fact that he pays or indeed contributes to the fence under these circumstances would not entitle him to rights either of ownership or fence selection. If it can not be agreed then you are right that you would need to bring a claim in the small claims court. It is always better to have the benefit of a report from a builder or surveyor confirming liability before taking the matter to court. I hope that this helps. Please rate positively - thanks
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Customer: replied 2 years ago.
Thank you - I gave an expert coming this week to give opinion. Thanks again.
My pleasure - can you please now rate positively for me - happy to answer additional questions