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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 5470
Experience:  Senior Associate Solicitor
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My neighbor wanted to build a fence and asked if this could

Customer Question

my neighbor wanted to build a fence and asked if this could be slightly on my side of the boundary line as i have responsibility for this side as you look at the property, i agreed and it was at his expense. He now wants to build a 9 inch deep wall that encroaches even more into my property and i have siad no, he now says i have to pay for the fence he put up is that right?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no just conversation and he is saying that is i dont let him put up the wall he will take me to court to pay for the fence he put up
JA: Where is the property located?
Customer: in East Sussex UK
JA: Anything else you want the Lawyer to know before I connect you?
Customer: what are my rights to be able to tell him no and do i have to pay for a fence he wanted?
Submitted: 8 days ago.
Category: Property Law
Expert:  Nicola-mod replied 7 days ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  JimLawyer replied 6 days ago.

Hello, my name is Jim and I am a qualified lawyer happy to help you this evening.

The fact the fence is on your side means that technically it belongs to you - I do not see how he can say you are liable for a fence which he erected and which is also on your side of the boundary?. The deeds and plans would normally show the boundary lines and would also show either joint responsibility for the fence or one party is responsible for the upkeep and any repairs. If the fence is a joint one, it should be shared (the cost) however if the previous fence was not in disrepair then you can argue you should not have to pay for this one - you can suggest a surveyor's report to resolve the dispute (and go halves on the cost) which may save any court action and future unpleasantness.

It seems to me he has reneged on the agreement to pay for the fence himself - and blackmailing you with court action if you do not agree to a wall which will cover more of your land.

The other option is mediation - you can find a local mediator here :

https://www.gov.uk/how-to-resolve-neighbour-disputes/use-a-mediation-service

I hope this answers your question – if so could you please click 5 stars at the top of your screen, that will give me a rating on the site and I can answer any follow up questions at no extra charge.

Many thanks,

Jim

Expert:  JimLawyer replied 4 days ago.

I hope I have answered the question to your satisfaction. If so could you please rate the answer (5 stars on your screen). It won’t cost extra to give the rating and I will be credited for helping you. You can come back here for any follow up questions.

Many thanks,

Jim