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Boundary advice

Chuckalicious
Posts: 2 Newbie
Hi everyone. I wonder if I can ask if anyone knows about the legal side of things with regards to my issue.
First off, I'm in Scotland, so Scottish law will apply.
Basically my neighbour and my property share a fence at the boundary. The fence is in poor condition and found do with being repaired or replaced. Issue is that their land is higher up than ours so the fence is supporting their driveway whereas on our side it's just a fence. The soil that is built up against the fence on the other side is what is damaging it and will do so again to any new one put up, so a proper solution may be costly.
Neither title document shows who owns or is responsible for it so before I go and discuss it with them I'd just like your thoughts on responsibility/share of cost etc. We and they are new owners so we don't have historical discussions to go on.
Thanks.
First off, I'm in Scotland, so Scottish law will apply.
Basically my neighbour and my property share a fence at the boundary. The fence is in poor condition and found do with being repaired or replaced. Issue is that their land is higher up than ours so the fence is supporting their driveway whereas on our side it's just a fence. The soil that is built up against the fence on the other side is what is damaging it and will do so again to any new one put up, so a proper solution may be costly.
Neither title document shows who owns or is responsible for it so before I go and discuss it with them I'd just like your thoughts on responsibility/share of cost etc. We and they are new owners so we don't have historical discussions to go on.
Thanks.
0
Comments
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I don't know Scottish law but common sense tells me it's in your neighbour's best interests to resolve. If the fence collapses, his drive will no longer be supported so that too will collapse......
Bake a cake and invite him to tea. Offer to contribute towards a long-term solution to support his drive.........
Dundee.......0 -
That was my assumption too. Although I was wondering if there were actual rules which stated if it was supporting structure etc etc.
At the end of the day I'm more than happy to chip in, but if it's not 50/50 it's worth knowing.0 -
Nothing in the rules or deeds to suggest a necessity for a fence generally, just boundaries markers on the LR records. But fences help mark out the boundary and privacy.
As above, nothing like some tea and cakes to relieve the situation and do this amicably"It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0
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