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Category: Property Law
Satisfied Customers: 33540
Experience:  Barrister at Self Employed Barrister
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Estate built in 1963. No. 6 and 8 are detached houses. Len

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Estate built in 1963. No. 6 and 8 are detached houses. Len bought no.8 in 1963 and we bought no. 6 in 1982. We had a dog and we asked Len to put up a fence. I recall he said he had asked the builder to omit the fence. There is at least some shrubbery. When I eventually got the Land Certificate there is in the Instrument of Transfer a Schedule which under 3 it states "At all times hereafter to maintain and keep in repair the fence on the sides marked "T" within the boundary on the said plan." There is a "T" on the side of no. 8 boundary. There has always been a fence between the buildings but not the gardens. Len died in April and the property is up for sale. I spoke to son, Keith, who is an executor and he and his brother are not prepared to spend any money. He says deeds don't say must be a fence. Have considered advising agents of situation.
Clearly there should be a fence and it would appear that the duty lies on no 8 - the agents can not themselves do anything about it - but it would come as an issue for any potential buyers (or the present executors). They new buyers would clearly be more likely to put the fence up. It is for you as to whether you would wish to instruct solicitors to pursue the issue, but it may well be cheaper to either put up a fence yourself or await the buyers.
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Customer: replied 2 years ago.

I must thank you for the quick reply particularly on a Sunday afternoon.

I did leave a Good Service rating but I believe there was space for further comments - but I had to go down for a meal promptly.

I felt £26 was reasonable as I would probably have to wait till Tuesday to see someone at the local CAB and then make an appointment for later.

You have confirmed my thoughts regarding the fence responsibility and it will help on deciding what to do next - if anything.

my pleasure