Neighbour would like us to replace leaning fence urgently.

bris

Section62 said:

bris said:

Best advice ia just deny responsibility for the fence. At the time of sale the solicitor could not find out who owned it so you are not responsible for it.

Tell them it's their fence and let them prove othewise, Or offer to share the costs stating it's not your fence and doing it as a good will gesture. 

Even if it is your fence you are under no obligation to even replace it, you can just take it down or make it safe. 

1st BiB - The OP said the solicitor said "that it was contentious" - not that they couldn't find out who owned it, nor that the OP was not responsible for it.

2nd BiB - see my previous posts in the thread, and comeandgo's response.

People who haven't seen the OP & neighbour's deeds can't make categoric statements on the OP's rights/responsibilities.

And what do you think contensious means? Simply put it's not clear who owns it so thats where my prove it comes in.

Second the op even, if the did own it is under no legal responsibility to replace it. Im sure if was in their deeds the solicitor would not be saying it's contentios

So the OP can do what they want and not be dictated to by their neighbours.

Section62

bris said:

Section62 said:

bris said:

Best advice ia just deny responsibility for the fence. At the time of sale the solicitor could not find out who owned it so you are not responsible for it.

Tell them it's their fence and let them prove othewise, Or offer to share the costs stating it's not your fence and doing it as a good will gesture. 

Even if it is your fence you are under no obligation to even replace it, you can just take it down or make it safe. 

1st BiB - The OP said the solicitor said "that it was contentious" - not that they couldn't find out who owned it, nor that the OP was not responsible for it.

2nd BiB - see my previous posts in the thread, and comeandgo's response.

People who haven't seen the OP & neighbour's deeds can't make categoric statements on the OP's rights/responsibilities.

And what do you think contensious means? Simply put it's not clear who owns it so thats where my prove it comes in.

"Contentious" can mean lots of things. You are assuming it means ownership. The OP said "who was responsible" - ownership and responsibility are separate things. The contention over responsibility may have nothing to do with ownership. The OP's solicitor knows what they meant - much better for the OP to speak to them to get clarification, rather than rely on assumptions made by helpful people on the internet.

bris said:

Second the op even, if the did own it is under no legal responsibility to replace it. Im sure if was in their deeds the solicitor would not be saying it's contentios

Again, you don't know this, you are assuming it.  How can you be "sure" about something in/not in a document you (presumably) have never read?

bris said:

So the OP can do what they want and not be dictated to by their neighbours.

Terrible advice.

The correct thing to do is to go back to the solicitor.  If your guesses and assumptions are wrong then the OP could find themselves on the wrong side of an (expensive) legal action, as well as creating pointless hostility between themselves and the neighbour.  Finding out what the legal situation is, then having a friendly chat with the neighbour, would be a much better approach.

DRP

EssexExile said:

Go round and have a chat.

Is the right answer

twopenny

I went round for several chats with my neighbour and we agreed to split the cost.

When I'd had it done as we agreed she decided she didn't need to pay.

But - I had good quality 4ft panels with a 2ft trellis on top so it was good for a long time. Plants growing up give privacy but it also presents less resistance to the high winds.

I watch my other neighbours cheap 6fts bow and disintegrate every storm.

A chat is the way to go - do they have proof of who the fence belongs too? Maybe they can clarify.

If you take responsibility then what you choose is what you'd like to see when you look out.

searchlight123

Adamc said:

tonygold said:

you could download a copy of their deeds (£3 on land registry site) and see if ownership of the fence is marked on their plan as it is not on yours, presumably. In the absence of any clarification of who owns the fence, and to maintain neighbourly relations you could offer to go halves on the replacement, and explain that you would hope to have funds for that in the summer.

Do these always clarify boundary responsibilities or is there ever ambiguity? 

they do not always clarify whose fence is whose unfortunately, but for a small cost, it's worth exploring this avenue.