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Steve Walker[_5_] Steve Walker[_5_] is offline
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Default Right to a fence?

On 30/03/2021 17:31, Robin wrote:
On 30/03/2021 17:22, Mike Humphrey wrote:
On Tue, 30 Mar 2021 16:01:47 +0000, JohnP wrote:
Seems unlikely - but I have a good fence to the end and left that I own
and maintain. The property to most of the right is also well maintained
by the neighbour.
But the far end 6- 8 feet is another property and today that part was
bending in sympathy with the child bouncing on the trampoline. I
politely pointed out that it would soon break if something wasn't
changed.

I got a bit of abuse - and was told it was not my fence!

Agreed - but if it falls then do I have any reasonable entitment to
require it to be replaced for my privacy and security?


Almost certainly not - there may be a covenant (which could be
challenging to enforce) but in most cases you can't require someone to
maintain their fence. But you are quite entitled to build your own fence,
on your own land, even if it's right next to theirs.


Thanks.Â* (I was halfway up the loft ladder when I thought "you forgot
covenants you 'effin idiot".)


Not necessarily unenforceable either.

My house has a requirement in the deeds to maintain a fence, hedge or
wall on the boundaries - and as it is leasehold (only £6 every six
months and no other conditions other than maintaining a property of a
rental value of a few tens of pounds per year on the land), not even a
requirement to ask when making changes, it does mean that the leasing
company might well be interested, to stop their land being taken by
someone else.