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Category: Property Law
Satisfied Customers: 33360
Experience:  Barrister at Self Employed Barrister
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Our bounder fence in our back garden is our neighbours responsibility

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Our bounder fence in our back garden is our neighbours responsibility (as on the land deed). The fence, as it stands it is a terrible state.
The previous owners of our house attached a reed fence to the existing fence in order to make the garden look presentable. We do not know if they had permission to do this.
We approached our neighbour (by letter) asking if he would consider replacing the fence- which we would take half the cost of, or, we would make the fence good at our cost.
He has refused these options stating that he has had the fence checked and that it is sound, he also states he has taken photo’s and video of the current state of the fence so he can hold us accountable for any damage we do to the fence
As it is a boundary fence can we –
Force him to make the fence secure? If we take the reed fence down and find the fence is dangerous (I have young kids come to my house in addition to my dogs) do we have any power?
Replace the reed fence fixing to the existing fence?
Get a copy of the report he got (i honestly don’t believe he has this- I think he is just being difficult) stating the fence is sound?
Get copies of the photo’s he has taken for our reference?
We have had trouble with him in the past regarding the boundary fence on the front of the garden and hence we want to know all our rights.
Many thanks
Is the fence on his land or yours?
Customer: replied 2 years ago.

His, we think.

Well on that basis the easiest (and cheapest) thing to do if it is an option is for you is to put up your own fence on your line of the boundary (i.e. your property). You sadly can not make him to rebuild or put up a better fence (even where you offer to pay). You are technically not allowed to rebuild his fence. But what you can do is put up your own fence which would stop you having to see his fence and there is nothing he can stop you from reasonably doing this so long as it is on your land. Please remember to rate.
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