boundary fence of deceased's property

[sippysoppy]

my family is currently in the process with a solicitor applying for letters of administration for my brothers estate. his house has a garden with a fence and trees at the bottom. my brother told me the neighbour behind the fence had repeatedly discussed with him about replacing it, she had suggested concrete(its currently wood) and wondered if the tree/plant roots were causing it to sway over in the wind sometimes. this conversation had been had for at least 3 years but nothing ever got arranged or put in writing.
the neighbour has now spoken to me and she says it could be dangerous and she wants to take it down and look at the tree roots as a matter of urgency.I wonder if she thinks we might want to sell the property(undecided currently). we don't know where the deeds of the property are and want to know do we have to wait for LOA to do anything anyway? should we get a solicitor on to it or a survey done? or is it best to come to an amicable agreement? she seems quite a difficult woman, did not even offer condolences like all the other neighbours did

If in UK you can download a copy of the deeds from landregistry.gov. They may not be conclusive in indicating responsibility for boundaries though.

I wouldn't do anything tbh. Neighbour is being pushy and unreasonable. Just say you're not in a position to do anything just yet.

She's entitled to build her new fence inside her boundary so tell her to go ahead but to leave the fence where it is. She may be hoping to 'steal' some of your late brother's garden.

My mother's neighbour died recently and his executors had a problem with boundaries. They asked the original builders of the estate who still had the original plot boundary map.

well when she digs up her boundary to intall her fence she'll know whether roots have strayed onto her land - won't she?

she's up to no good - tell her in very clear terms she is NOT to touch the fence.

The title register will only be available on the Land Registry website if the property is registered. Compulsory registration only came in during the mid to late 1990s in some areas therefore it is entirely possible the house is unregistered. Lots of houses were registered before it was compulsory to do so.