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Category: Property Law
Satisfied Customers: 33360
Experience:  Barrister at Self Employed Barrister
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I have brought a house five years ago. A fence between my

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I have brought a house five years ago. A fence between my garden and my neighbor's garden was erected by the previous owner. The fence was on my side of the land. There are some short concrete posts on the other side of the fence, I think they are the original boundary posts. Last winter part of the fence came down after a storm. I had someone come in to fix the fence. My neighbor has nailed support for a drainage pipe from his gutter onto the fence without informing me. The pipe is to divert water from his gutter to a water butt which overflows to the boundary.  Also he started building a large outhouse last month. His builder took down a broken gate and debris was piled along the fence. The fence was old and was leaning onto my side of the property. The pile of debris may be a contributing factor. As the fence was leaning onto my tree and hot bin. I decided to take down the whole fence. In the land deed of my neighbor's house, a clause says that "the transferee shall hereafter forever maintain the boundary marked with a 'T' on the plan. Note: the 'T' mark refers to affects the Eastern boundary of the land in this title deed."

As the eastern boundary is the boundary between my land and my neighbor's land, I take this to mean that my neighbor is responsible for maintaining a boundary. How can I get my neighbor to erect and maintain a fence along the boundary?

I take it that you have spoken with him?
Customer: replied 2 years ago.

Yes, but refuse to discuss and say we can resolve through the court.

Do you have any of his supporting documents as clearly they will be of help to his application
Customer: replied 2 years ago.

Yes, I have a copy of his land deed which states that it is his responsibility to maintain the boundary.

Customer: replied 2 years ago.
Relist: Other.
There was no answer, only questions
Then I would write to him formally making him very clearly aware of this (I am sure he knows but you should out it in writing) - suggest that he does it within a certain period of time. Otherwise you will put up a boundary fence
Customer: replied 2 years ago.

I do not want to put up the boundary fence as his land deed stipulates that he is responsible for maintaining a boundary. If I put up a fence, he would nail things into my fence without asking and do not contribute to any maintenance

That is clearly the risk - although if the fence was on your land and he put anything on it then this would be trespass and you can seek its removal. Happy to discuss. Please remember to rate positively for me - thanks
Customer: replied 2 years ago.

Are you saying that there is no way for me to get my neighbor to maintain a boundary fence even if it is stipulated in his land deed? If I want a boundary then I need to put one in on my side of the property.

If you have the benefit of the right then in theory you could take them to court - the problem is that it would cost a considerable sum of money and there are no guarantees. It would usually cheaper for you to actually put your own fence up. Please rate positively
Customer: replied 2 years ago.

If I do not put a fence up and my neighbor's property such as a part of their water butt trespass onto my land, what can I do to remove it? Or if they build something that extend onto my land what can I do to get them remove it?

Anything which is on your land is formally a trespass. As such you should write to them first setting this out and then you would be entitled to apply to the court on the basis of the trespass and for damages and costs. This is quite straight forward and would prohibit them from doing this again. Happy to discuss. Please rate positively - thanks
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Customer: replied 2 years ago.

Thanks for the advice. I'll rate positively. How do I apply to the court for trespass?