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There is no legal obligation for people to fence their land. However, most properties now mark their boundaries with fences. It may be the case that a boundary dispute arises due to fencing. For fence disputes, contact our team for a hassle free solution on 01616 966 229 or complete our enquiry form.
For example, your neighbour might replace the old fence between your properties with a new one, but in doing so encroaches on your land slightly. It is not necessarily the case that the original fence marked the boundary, and you may need professional help to establish whether the new fence line is in fact encroaching on your land.
The responsibility for fences between neighbours can vary as this decision is usually made by whoever originally built the properties and sold the land. Sometimes the property’s deeds will indicate who is responsible for which boundary or sometimes the responsibility is equally shared.
There is no hard and fast rule about ownership for certain fences or boundaries with a property, but this information may be indicated on the deeds. If not, most streets will have the same convention with each property, so you might be able to establish ownership by checking with neighbours.
Fence disputes can sometimes be complex, whether it’s an issue about the location of a fence or maintenance problems. If your dispute can’t be resolved by talking to your neighbour(s) then you might need specialist legal advice on what your options are next.
Dealing with a neighbour dispute over boundaries can be very stressful. By far the best way to deal with this type of issue, whenever possible, is to try coming to an agreement by discussing it with your neighbour. If this isn’t possible, take expert legal advice about what to do next.
The dispute may relate to the nature of the fence itself. Your neighbour may have erected a new fence which is much higher than before, blocking some of the natural light into your garden, or perhaps his new fence is unsightly. We can help determine whether the new fence is in breach of local regulations or a previous agreement with regard to fences that binds both landowners.
If the fences around your property or on your neighbour’s property are falling into disrepair, you may want to know whose responsibility it is to maintain them. If your neighbour is responsible for the fence between your properties, we can help compel the exercise of that duty and save you spending time and money on a job that isn’t your responsibility.
Veronica Green discusses her experience after a fence dispute developed between herself and a neighbour who installed a fence blocking part of her property. Veronica talks about the impact a dispute like this can have and shares her experience of working with the specialist solicitors at Stephensons in order to get the matter resolved.
"We just knew it was going to be over before she said and she had agreed to take the blockage down. That was all that was needed. It's just been so different. Life has just been so different and we were just so pleased that we'd had a solicitor to get us to this stage." - Veronica Green
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