ONE man complained he couldn’t fix his collapsed fence because his neighbor wouldn’t halve the cost.
The man hesitated to repair the fence because he felt that if he covered the entire cost, he would be fully responsible for the latter.
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The man said: ‘My boundary fence has fallen and needs to be replaced but my next door neighbor refuses to pay.
Added: “Isn’t he responsible for paying half of the maintenance costs? If so, can I take any legal action to force him out?”
The man also questioned if paying this time, there will be obligations in the future.
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Thisismoney spoke to three experts. Mary Rouse, head of property litigation at Wright Hassall, Chun Wong, partner at Hodge Jones & Allen Solicitors, and Danielle Lewis-James, senior in-house legal counsel at Slater and Gordon.
Mary Rouse says that knowing who is responsible is not a simple question and it’s best to ask the attorney involved when you buy a home.
“You should check any copy of the title deed or get an official copy of the title plan from the Land Registry,” says Chun Wong, and suggests that this will let you know. Who is responsible for maintaining the fence. “
In the event that the neighbor was solely responsible for the fence, Danielle Lewis James suggested that the man approach him calmly and politely to explain the situation.
She explains that this is important because you don’t want future problems with the person next to you. Ms. Lewis-James also suggests that the legal costs may not be worth as much as fixing the fence yourself.
“If the cost of the fence were not great, the hostility would have been created, and the risk of legal costs might simply not have been worth it,” she said.
Mr. Wong said that if it is discovered that it is the neighbor’s responsibility, the man should first send a letter explaining the incident and giving them time to fix it before making a legal claim.
If accountability isn’t clear, Wong suggests: “If you can come to an amicable solution, this can be formally documented in a boundary agreement for future reference and will also assist support if either of you later sold.”
If the man is responsible for the fence, that doesn’t necessarily mean he can rebuild it as he sees fit.
If you’re replacing a fence, you should be careful about its height – local government zoning policy will determine the height of the fence in the garden, but it’s usually no more than two meters in the garden, says Ms. Rouse. behind.
She also explains that if you’re paying your neighbor, get permission before hanging potted plants or anything else on the fence.
The cost of fencing isn’t great, the hostility is already created, and the risk of legal costs may simply not be worth it. “
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https://www.thesun.ie/fabulous/8247177/fence-fallen-down-neighbour-legal-rights/ My garden fence has fallen down but my next door neighbor won’t pay half of it