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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 7
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a property fence issue , the fence encloses my rear

Customer Question

I have a property fence issue , the fence encloses my rear garden for and open area in front of a Neighbours drive , the Neighbour has Paved all the way up to the fence and planted plants that are growing up the fence, I now have no way to maintain my fence
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Does the fence run along the boundary or is it on your land only. Can you also clarify your question as I think your autocorrect has changed what you meant to say.
Customer: replied 4 years ago.

The Fence is along the Boundary , It encloses my Garden but it on the side of their drive which was a grassed area , the paved it to increase parking space, then planted plants at thee foot of the fence which not are growing up the fence, the only purpose of this fence is to enclose my rear garden, I now cannot maintain it and they have painted it last year

Expert:  JGM replied 4 years ago.
So the fence is on their ground?
Customer: replied 4 years ago.

no it is the boundary , it is on my land

Expert:  JGM replied 4 years ago.
A fence running on the boundary line is usually, in terms of the title deeds, maintained jointly by the owners on either side as it is owned jointly. You say in your narrative that it is your fence. Can you be clear about what the position is?
Customer: replied 4 years ago.

I belive it is mine as it encloses my rear garden it does not enclose any part of the Neighbour property , it is oposite their house and did have a grassed area leading up to it which they paved to park cars on, if I was sure about this I would not be asking, if in your view it is share I will aceppt that, as I do for the Fence the other side which I built with me other Neighbour , however this second fence clearly splits our rear gardens , the fence I am asking about only provides enclosure and security for my rear garden

Expert:  JGM replied 4 years ago.
It is not possible, from what you have said, to give a definitive answer. If you have your Land Certificate please scan and email it to [email protected] asking that the email be forwarded to JGM. I can then look at the title and let you have an answer.