The following Property Q&A provides comprehensive and up to date legal information covering:
We have assumed that:
the landlord does not own the neighbouring property
there is nothing in the title re maintenance of the fence
the fence does not fall within the Party Wall etc Act 1996, and
there is no contractual relationship between the landlord and the person responsible for the fence
In absence of any party wall agreement or covenant within the title deeds relating to maintenance, there aren’t many legal options available to force a neighbour to fix their damaged fence.
There may be a course of action available should the fence present a danger to the highway or occupiers of adjoining land however. Commentary: Liability for dangerous fences: Halsbury's Laws of England provides that:
‘A person whose fence is in such a state, whether by reason of its mode of construction or its disre
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.