Neighbour Refusing to Repair Fence

Our neighbour has a fence that is about to fall over (it has been this way for 10 months).  I checked the land deeds, and it is his fence.  The deeds also state that we are required to keep our fences in 'good repair'.  We didn't say anything for about 8 months, just to give him a chance to do it on his own without us nagging him--we're all busy people these days!  He's not on our street, so my husband went to his house in July to politely ask if he was aware of the broken fence and to ask if he'd like any help when he's ready to replace it.  The neighbour said he would be waiting until September, once the plants had died away for the winter.  So far he's done nothing and I'm tired of looking at this eyesore out my back window.  What can we do from this point?

Fence Repairs

Where the Fence is your neighbours responsibility, I assume that this is made apparent by a copy conveyance/transfer that you possess which forms part of your Title Deeds. If so such a stipulation with regard to boundaries will be found by way of a Covenant on the neighbour’s part, the benefit of such covenant being yours. Where a neighbour does not keep in good repaid his fence, I would recommend complying with the pre-action protocol for such matters and send a 'letter before action'. such a letter would basically indicate your intent to sue should the breach of covenant not be rectified. Such  a letter can be written yourself or a legal representative can do it, giving it more 'umph'. should your neighbour still fail to rectify the fence you can replace the fence yourself then make a small claim for the cost of the fence, and the cost of the claim itself. Sure, such a way of resolving the problem is not the most pleasant, but it appears that you have already tried pleasantries and they have not worked.

 If I can assist just let me know.

Regards

 

 

Profile: I have worked for Baker Macdonald Solicitors as a lawyer since 2008, providing Clients with a personal service in a world suffering more and more from automation. I deal with matters relating to property, debt collection, private Client and litigation. All recipients of advice should seek advise in a professional channel before relying on any advice given.

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