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

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.
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You're "pretty sure you have a strong case"? Either you've got absolute proof of ownership, or you've not - hence my point about you're not going to get very far to force her to replace it. You would need to take her to court and accept the risk that if you lose, yours and her legal fees will cost a lot more than the fence would cost to replace.

Hence most people in your situation would just stick a new fence in front of it, and know that it's now yours.

She'll need to cut that ivy looking bush back as it'll eventually damage a new fence anyway.
 
That this is a shared fencing that needs sorting. She called us in fact to intimate it.

I was concerned as the plant was going to be partially ruined due to the fence panels being replaced, but in fact she suggested she wanted initially to remove the whole let.

Now today she turned up and said bad news, the fence is our responsibility and now she doesn't want the plant taken out, so we will have to detach it from the fence when it's being replaced, and she said it was OK to cut back anything that has grown across, those being big chunky roots.


I left it saying I'll check my deed again but I'm sure it said it was shared.

Now we have her thing which I posted in my first post and my file.

So I made this post looking for ways to verify and what to do should she still disagree with the report we have.
 
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.
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I think you'll find if you dig deeper that 'wear and tear' and 'acts of God' carry all the exceptions your neighbor needs to refuse responsibility.

Also when did you move into the house, and was it already in that condition when you bought it? Most likely yes in which case you agreed to purchase it in that condition.

It doesn't matter how you feel, there is simply no legal basis that you can get your neighbor to pay you for a new fence here.
 
Also. You know you're allowed to cut back any of the foliage that's over your side yeah?
 
Hedge said:
Also. You know you're allowed to cut back any of the foliage that's over your side yeah?
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Yup, remember this OP, if it's overhanging you can chop it....and pass it back technically...so chop it before anything new goes up :D
 
Heres my experience..

Moved into our house. Old fella next door told me he maintained the boundary on his side and I was responsible for other side (in a poor state). I proceeded to spend big money on 30+ fence panels.

Later read my deeds. Turns out I gave my other neighbour a freebie. My deeds state im responsible for East and North sides.
 
Could she just say "its ok just bin the fence. Ill just keep the hedge instead. Chop it as you see fit"
 
Hedge said:
Could she just say "its ok just bin the fence. Ill just keep the hedge instead. Chop it as you see fit"
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The fence panels that are missing view straight into her garden, obstructed only very partially by the plant (at least the last 6 months have been like that during colder months). With no fence, the plant falls down any way as what would hold it up.
 
https://www.trentwoodfencingoxfords...nt-fix-their-garden-fence-what-can-you-do.htm

If the fence is your neighbour’s responsibility…
Even if you’ve established that the problem fence is your neighbour’s responsibility, take some time to consider your options before you approach him or her. You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. As long as there is a visible demarcation along the boundary, your neighbour could string a length of wire between some posts and call it a day.

It’s worth knowing this before you get into a discussion (or worse, a disagreement), as you might decide that your neighbour’s solution is aesthetically worse than the current problem!

Unless the existing fence is causing a safety hazard on your side, there’s very little you can do to force your neighbour to repair or replace it if they don’t want to. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied.
 
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