Could council make neighbor to repair back fence?

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Sandria
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Joined: Thu Jan 14, 2016 4:15 pm

Could council make neighbor to repair back fence?

Post by Sandria » Fri Jan 29, 2016 12:36 pm

I live in terraced house and rear garden overlooks the woodland. This neighbor's back fence have fallen down becasue of bad weather in december.
I have told to neighbor, but they are not going to repair this back fence. According deed, neighbour are responsible to maintain fence.
I've written about situation to local council, but I got reply: this house does not belong to Council and we couldn;t help you.. etc...

1. Back fence overlooks the council woodland. Fallen fence affects on general appearance of this council forest. Why council don't care how looks public territory? council just didn't want to deal with it
2. Neighbors doesn't comply Deed(don't want to repair fence). Who can make them to follow rules written in Deed?
3. We live in conservationa area. And our Deed have strict rulles related with general view of the house. Who controll owner to follow these rules?
Thanks a lot!

MacadamB53
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Re: Could council make neighbor to repair back fence?

Post by MacadamB53 » Fri Jan 29, 2016 12:53 pm

Hi Sandria,

if your neighbour was not an original party to the covenant then to all intents and purposes they do not have to conform.

that would be the same for anyone buying a property which comes with an existing positive covenant.

Kind regards, Mac

Sandria
Posts: 6
Joined: Thu Jan 14, 2016 4:15 pm

Re: Could council make neighbor to repair back fence?

Post by Sandria » Fri Jan 29, 2016 1:21 pm

Macadam, I understand you right, that neighbour could not to obey existing covenants written in Deed?

MacadamB53
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Re: Could council make neighbor to repair back fence?

Post by MacadamB53 » Fri Jan 29, 2016 1:46 pm

Hi Sandria,

they 'could' if they chose, but the law does not say they 'must' or that they will be found liable for failing to conform.

reading this very good thread might fill in the blanks (it's been made a "sticky" thread and sits at the top of the "Fences" forum so that new members can read it):

http://www.gardenlaw.co.uk/phpBB2/viewt ... f=6&t=1727

Kind regards, Mac

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