UK Property Law
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1. Dear Jo, the bad news is that there is joint responsibility for the errection of the fence between your garden and this next door neighbour landlord who is leaving his property vacant. This is because it is a party and party fence, so liability is imposed jointly on both neighbouring landowners to fix it. So you can fix it up but you will only ever be able to get half the costs of replacement off your neighbour. The good news is that you should make a complaint to your local County Council under the 2005 High Trees REgulations to get the Council to serve a notice on your neighbour to cut back this evergreen tree and whatever other trees are on his land which are impinging adversely upon your pear tree and the light in your garden. The County Council can serve a notice on your landlord neighbour requiring him to cut back these trees and in default, the Council can come in a cut them themselves and recover the cost from your neighbour.
2. In the meantime, you can cut back all trees and branches to the midpoint line of the boundary and throw what is cut into the garden of your neighbour. Additionally, if any roots are trespassing on your property, you can dig a trench along the boundary and cut back the roots to this point. However, I regret to say there is no way you can force your neighbour to take better care of their property. You only have the ability to deal with your own property. The Council can intervene in relation to the trees. But I regret to say that if your neighbour will not take care of his property, you cannot force him to tidy up and keep his property from getting overgrown.
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Thanks so much for your answer. I am a little surprised by your explanation about the party and party fence and needing to share the cost of replacing the fence with my neighbor.
As a terraced house we have neighbours on both sides and I was of the understanding that the each property was responsible for the fence on their left side. Hence we have already fully paid for the replacement off the fence on our left side and my neighbour to the right would therefore be responsible for their fence on the left (my right side fence).
Has this never being the case? I believe I may have received.
this advice from somebody who works in planning.
2. Dear Jo, If there is a rule locally that people are responsible for the fence on their left, well, this is only a matter of practice locally. It is not a rule in law. I appreciate you have carried out all this work on your fence. However, the law does not force your neighbour on the right hand side to do up the fence.
Ok. Thank you for your help.
3. You are welcome. Best of luck.
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