Our
Litigation Solicitor Emily Walker has featured in The Sunday Times
providing ‘Home Help’ to a reader who asked for advice on a neighbour dispute
involving a shared fence.
The
reader explained: “I live on a steep hill. The difference in level between my
garden and my neighbour’s is just over one metre at the worst point. The whole
boundary fence, which is mine, needs replacing. Due to the difference in level
I would need to retain my neighbour’s soil, which is adding many thousands to
the three quotes I have received. My neighbour is so far refusing to
contribute, even though I have pointed out it is the need to hold his land back
that is adding to the considerable cost. Could I insist that he contributes, as
without a retaining wall his soil would fall on to my property?”
In
response, Emily commented: “If the fence that you are proposing to replace at
present retains the neighbouring soil, and your title deeds make it clear that
you are responsible for the boundary, then you are responsible for the costs of
its replacement. You are quite right to have tried to resolve the matter with
your neighbour. However, if they are not responsible for that boundary, there
is little you can do to insist that they do. This would be different if it was
not clear who is responsible for the boundary. If the retained soil causes any
damage to the boundary fence, then you may be able to seek to recover damages
in respect thereof from your neighbour.”
At Ramsdens our solicitors understand the delicate nature of
dealing with disputes with your neighbours – no-one wants arguments to carry on
for longer than they need to, and it is always better to find a solution that
is fair to both sides.
The full article featured in The Sunday Times on Sunday 6 February 2022.
For further advice on dealing with disputes
between neighbours contact our specialist property dispute team, either by emailing us at info@ramsdens.co.uk or
calling us on 01484
821 500.