Removal of Neighbours fence

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Removal of Neighbours fence

Postby MAMA1 » Thu Apr 19, 2012 9:48 am

My back garden, backs onto another houses back garden. When we moved in, about 15 years ago, there was a space of about 2 feet between my garden fence, and the garden fence of the house at the rear of my property. The occupier of the house to the rear of my house, removed their fence, so that the gap between the two fences dissappeared and became part of their garden, and they now use my fence as the dividing line between the two gardens. Unfortunately I did not notice this until they moved out, and there are now other people living there, that may not be aware of the change. Unfortunately, the new people have 3 dogs, that quite often jump up at the fence, which could cause some damage.
My question is, are the new people legally obliged to replace the fence that was once there?
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Re: Removal of Neighbours fence

Postby Mojisola » Thu Apr 19, 2012 10:25 am

No, they bought the garden as they saw it and will have assumed they own the full length of the garden.

What your neighbours shouldn't be doing is allowing their dogs to damage your fence. If they are, start with a friendly approach about that problem.
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Re: Removal of Neighbours fence

Postby WILL*REMAIN*STRONG » Thu Apr 19, 2012 10:46 am

Forget about a fence that used to be there. Just deal with the dog jumping against the fence. A friendly chat should be able to sort this out. If they ignore your polite request for the potential damage and nuisance to stop, you would be entitled to sue for damage if you had evidence of how the damage occured.

This sort of thing is a reportable nuiance... dogs barking and jumping at a fence and not being stopped, but you should always begin with the friendly approach. Reporting problems should only be as a last resort when people can no longer speak to each other.
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