Neighbour believes fence is not their responsibility. Our solicitor says otherwise

How long have you lived there and do you still have the original correspondence from the solicitor confirming what you remember ?

If a solicitor tells you something as a definite like that, then somewhere it will be written into deeds or land registry might be worth a trip back to the solicitor to ask where this information was which he told you.

https://hmlandregistry.blog.gov.uk/2018/02/27/drawing-the-line-on-boundaries/

Might help
 
Apex said:
Our title plan shows a red line around the property for the boundary, and red apparently means shared.

The report we have mentions that the fence to the rear is shared.

These we got when we bought the house 2.5 years ago.
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If its the report the previous owner fills out and sends to your solicitor pre sale thats not the place to get the info. Its just to the best of the previous owner knowledge not 100% gospel. But that said it looks like you could cut the plant back a little and drop a new panel in. Why not just ask the nieghbour if they mind you doing it, it wouldn't cost you much for a panel or two, if the concrete posts look ok
 
Flake87 said:
How long have you lived there and do you still have the original correspondence from the solicitor confirming what you remember ?

If a solicitor tells you something as a definite like that, then somewhere it will be written into deeds or land registry might be worth a trip back to the solicitor to ask where this information was which he told you.

https://hmlandregistry.blog.gov.uk/2018/02/27/drawing-the-line-on-boundaries/

Might help
Click to expand...
I have a similar experience to OP and whilst it "came from the solicitor", as someone else in the thread said it is just a self-declaration from the previous owner.

As this chap said though, it is 60 quid to get some panels and move on with your life.

Slam62 said:
Well its got concrete posts, so you only need a couple of panels 60 quid or something
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Oh and it appears to be Ivy over the fence with a hedging plant behind it. You may legally trim back any vegetation overhanging your property which you will almost certainly need to do if you want to get new panels back in there. Behind that is another hedging plant possibly privet maybe laurrel difficult to tell, but it really would be a struggle to get a new panel in from that side.

If you remove the old panels there will be a hedge on the other side. A bare hedge at present, but with light it should grow back, and you would need to trim it, this is a free option for you to consider, and many people do prefer a living green hedge to a wooden fence.

Other option is to get some 6' long lats one top one bottom and nail what pieces are good to those, then there might only be one panel needs replacing when you try that.
 
Apex said:
Our title plan shows a red line around the property for the boundary, and red apparently means shared.

The report we have mentions that the fence to the rear is shared.

These we got when we bought the house 2.5 years ago.
Click to expand...

These are the keys for ours:
hzUL9BW.jpeg.png

Ours has red line for the boundary, but the T dictates your ownership
 
dLockers said:
I have a similar experience to OP and whilst it "came from the solicitor", as someone else in the thread said it is just a self-declaration from the previous owner.

As this chap said though, it is 60 quid to get some panels and move on with your life.
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LOL love to know where you can get 5 or 6 panels for £60! those are not wayney lap, they are feather edge heavy duty and there probably won't be much change from £35 each plus any wood stain on them and lifting them into place.
 
Point was it isn't all that dear and the neighbor gets 0 benefit so rather pipe down and sort it myself rather than have the agro.
 
Apex said:
It needs replacing.

Do you guys know the answer?
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You've basically got two options, a) you replace the fence yourself seeing as she seems to think the rear is not her responsibility, or b) you accept that the fence isn't going to be replaced and leave it at that.

You're not going to get very far trying to force the neighbour to replace it.

Alternatively, seeing as you both can't decide ownership, have you suggested going halves on a new fence?
 
Delvis said:
These are the keys for ours:
hzUL9BW.jpeg.png

Ours has red line for the boundary, but the T dictates your ownership
Click to expand...
Thanks for that.

This is the exact wording the solicitor said in an email.

You will see that the title plan has no ‘T’ marks on any of the boundaries, which means that you have joint responsibility for these boundaries with the owners of the adjoining properties
Click to expand...
 
Semple said:
You're not going to get very far trying to force the neighbour to replace it.

Alternatively, seeing as you both can't decide ownership, have you suggested going halves on a new fence?
Click to expand...

I disagree with your first point. If she legally is responsible, and the fence needs replacing, and due to her plant, I'm pretty sure I have a strong case as to why she needs to pay towards sorting this.

To your second point, yes that's exactly what we've suggested.
 
Apex said:
I disagree with your first point. If she legally is responsible, and the fence needs replacing, and due to her plant, I'm pretty sure I have a strong case as to why she needs to pay towards sorting this.

To your second point, yes that's exactly what we've suggested.
Click to expand...


See you on the next Series of "Neighbours from Hell" hahaha
 
Apex said:
I disagree with your first point. If she legally is responsible, and the fence needs replacing, and due to her plant, I'm pretty sure I have a strong case as to why she needs to pay towards sorting this.

To your second point, yes that's exactly what we've suggested.
Click to expand...

Well, we have one side that's red but the T is on the other side, so you really need to see the actual plan.

If we're going old school, the nice side of the fence is facing you, so it's hers unless otherwise stated :p
 
I like to get on with my neighbours but if they wanted to get solicitors involved then id be an absolute **** about it.

How old is this woman? Do you understand her financial situation?
 
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