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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71042
Experience:  Over 5 years in practice.
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who is legally responsible for the repair of the boundary fence

Customer Question

who is legally responsible for the repair of the boundary fence on the left at the rear of one/s property?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

The boundary fence on the right side of my property at the rear, that is on the left side of my neighbour property has been damaged due the bad weather of the past month.My neighbour refuses to do the repair claiming

that it is not their responsibility.

My understanding is that the fence on the left of the property owner is his

responsibility to maintain.

Expert:  Remus2004 replied 3 years ago.

It is a common misconception that one property owns the fence on the left and the other one owns the fence on the right or vice versa.

There is no such legal convention and it comes down to whether the deeds mention it specifically and who the fence belongs to or who has put it up and maintained it.

However even if the fence did belong to the neighbour, unless the property is leasehold, the neighbour cannot be made to repair it.

Unfortunately therefore if the neighbour owns the fence refuses to repair it you are faced with doing it yourself.

However if the fence actually does belong to him and he is refusing to repair it, you cannot make him let you repair it either, so the best scenario is that for you to agree that the fence belongs to you and you fix it. At least then you have total control.

The cost of litigating this of course even assuming that he had some liability is actually going to cost more in legal and court costs than the cost of replacing the fence.

If he does own the fence, and it falls down and damages anything on your property he is of course responsible for that damage.

Can I clarify anything for you