Areas of Law / Property

Our neighbour got in contractors to replace the fence between our gardens but they put it two feet inside our boundary, with the result that a tree that was once in our garden ended up in theirs! Who’s responsible?

Unless there’s a covenant in your title deeds requiring householders to keep fences in good repair I’m afraid it’s probably up to your neighbour whether he replaces it or not. You can obviously ask him to remove the fence posts on your land and repair any damage, but if you want a fence and he just removes it you may have to put one up inside your own boundary. If the contractors put the fence up in the wrong place your neighbour should be asking them to rectify the error at their own expense.

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