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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Good Morning Citizens' Advice Bureau, Property: 1 Courtenay

Customer Question

Good Morning Citizens' Advice Bureau,
Property: 1 Courtenay Mews, off Walton Road, Woking GU21 5HT
I have a boundary fence dispute with a neighbour at no.1B.
Both my copy deeds and Land Registry's state that I am responsible for maintaining the fence marked 'T', but neither my nor land Registry's plans appear to show any 'T'.
I have spoken to a solicitors' firm but cannot afford their specific advice.
I have contacted Woking Borough Council to try to determine if the plans connected to the original planning/building permissions would include for boundary details. They have yet to respond (could take 14 days) and I am unsure if they would still retain plans for such dating back to approx. 1984, when my house was built.
About 6 years ago the fence in question blew down and the then owner (of no. 1B) repaired it. Also, my house was built before the maisonettes
nos; 1A and 1B: as such I feel it doubtful that a fence newly erected for a newly built maisonette would become the responsibility of an already established house next door.
Have you any advice for me? I could show you my deeds if that would be helpful.
Very grateful for any guidance.
Many Thanks, *****
(my residence;***** Old Woking GU22 9HN: 01483 723925)
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion firstWhat is the actual dispute between you?
Customer: replied 1 year ago.
Sorry, should have said ... the said fence has suffered wind damage about 2 months ago and needs repairing.
Customer: replied 1 year ago.
Sorry Clare ... a bit more detail: my first answer was too rushed and not at all clear.The said fence between nos 1 and 1B blew down in the wind about 2 months ago.The owner of no1B rents the property to tenants through Seymours Estate Agents and it is currently Seymours with whom I am speaking over the 'phone. The owner of no.1B states that his deeds do not appear to state that the fence is his responsibility. He then suggested we paid for the repair together (which it may come to). When I stated that I still did not feel it was my responsibility he then said he had contacted his solicitor who advised land Registry would not hold such boundary details. When Seymours ring me I feel they are pressuring me.I feel that the repair is not my responsibility as;
Historically my house was built before his maisonette and the fence between us would have been erected at the time his maisonette was constructed and therefore would be a later addition and so not my responsibility.
Previously the fence was damaged by wind/weather and the then owner repaired it at his own expense.
I have always understood that the fence on the opposite side of my garden was my responsibility and so has my neighbour on that side and his neighbour etc. The boundary at the rear of the garden constitutes a brick built wall of a small factory and I understand from the deeds that I and my neighbour at no.2 (and maybe at no.3 also) plus the owner of the factory would all be responsible for the repair/replacement of that boundary should the occasion arise.The maisonettes nos 1A and 1B were built some time after my house. Before they were built (on the back portions of the back gardens alongside the side of my property), the boundary on that side of my property would have been the back fences of those houses on the adjoining street. I do not know what year the maisonettes were built.I am hoping to find either;
A document which includes the markings 'T' showing the boundary for which I am responsible, or,
In the absence of the above, gain advice of how to proceed given the the historical details provided and the legal position.Many Thanks,
Marianne Smith
Expert:  Clare replied 1 year ago.
Hi Mariannehave you downloaded your neighbours deeds from the Land Registry to check what markings there are on their deeds?
Customer: replied 1 year ago.
Hi Clare - Thought I had already responded to your email dated 14.4.2016 but in case you haven't received it...I have not seen my neighbours' deeds: I'll do that, but it may have to wait a few days as I need to go away. May be able to do it Wed/Thurs then I'm off again. Will speak again once I have viewed them.
Expert:  Clare replied 1 year ago.
That is fine