previous owners fence agreement
Submitted by PB on Thu, 22/07/2010 - 13:19
We have been in our new house for 5 months now. We have an elderly lady next door who we have been friendly with in passing. She said the other day that she had an agreement with the previous owner to contribute to getting the fence between us repaired (it is her fence) due to the damage caused by ivy and bamboo on our side. We have no issue in tackling the ivy and bamboo as we are keen to get rid of it, but do not want to be liable for costs agreed with the previous owner. We are in contact with the previous owner and can discuss this with him. My other half just wants to give her their new contact details. It would be good to get the legal position on this though.
Many thanks
You are not bound by any
You are not bound by any agreement your seller made with your neighbour unless you were given notice of it and agreed to take on the liability.
However if you are responsible for continuing damage to the fence then you could be liable (on the assumption that the fence does belong to the neighbour) although it is highly unlikely that your neighbour would instigate court action over what presumably is a small amount.
I think it is extremely unlikely that your seller will now have any interest in abiding by any agreement he made.He will simpy ignore you.
I should perhaps have
I should perhaps have mentioned that fences and boundaries can often give rise to disputes.
It is always best to try and reach agreement from the outset of a potential dispute.
Such disputes are extremely costly and can ruin lives.
Always look for compromise.
Hi PB, I would echo Ian's
Hi PB,
I would echo Ian's comments, disputes with neighbours can be costly and even if you achieve the desired outcome from your perspective you have still got to live next to your neighbour which may be difficult if you have taken them to court or involved solicitors.
Are you sure that the fence is her fence, has your solicitor checked your deeds?
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