Neighbour Dispute 2

[bigdude200]

My upstairs neighbour has put up a fence in the center of a 4 in a block of houses and now he has decided to remove it and use it for his own garden which he can do seeing that he bought the fence in the first place but the question is having removed the fence is he by Scottish Law resposible to replace the fence he has removed. Thank you in advance.

[Peter Pedant]

I think the answer is still no

Is there a general duty to fence ? well no I dont think there is

I can see that this isnt the answer you want but .....

[Baldric]

http://www.theanswerbank.co.uk/Law/Question1429861.html

[askyourgran]

If the fence was put up by the same man who took it down, why should it he replaced it? Was the fence legal before he removed it? Is it on council property? I don't know anything about Scottish law. If he is your upstairs neighbour isn't there anything in your tenancy agreement/deeds about the responsibility and share of the cost of a fence, or indeed if a fence is allowed at all.

[EDDIE51]

Nothing in law to say he or anyone has to put up a fence at all. He can take it down put it up or not as he chooses.