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Terrace fence

(3 Posts)
PotteryLottery Sun 19-Mar-17 13:12:23

If my neighbour won't pay to replace our terrace fence she is responsible for, can we just go ahead and replace it at our cost?

Or can we not touch it as it is her property?

We don't want our new landscaping to be spoilt by tatty fence.

RandomMess Sun 19-Mar-17 13:14:48

You can put your fence up within your side of the boundary instead.

Collaborate Mon 20-Mar-17 07:22:47

I agree with RandomMess.

You can't touch the neighbour's fence.

If you've checked their deeds and they contain an obligation to keep their fence in a good state of repair you can only enforce that "positive covenant" against them if 1. the covenant benefits the owners of your property and 2. The current neighbours are the original purchasers of that property subject to the covenant.

A positive covenant (which imposes an obligation to do something rather than an obligation to refrain from doing something) does not bind future purchasers.

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