Neighbour Dispute

[bigdude200]

My upstairs neighbour is in dispute with us and now I have just found out that the fence he put up in between 4 gardens he has now decided to remove it just for spite, is he responsible to put up another fence in replace of the one he is going to take down or do I have to put up a fence to seperate the 2 downstairs gardens. So I was just wondering what the law in Scotland says about this dispute, thank you in advance.

[Buenchico]

Unless there is a relevant covenant in the property deeds (requiring the property owner to provide and maintain a fence between his property and a neighbouring one) any property owner is free to allow any existing fence to fall into state of decay or to remove it altogether if he so pleases. (That's definitely the law in England and I'm unaware of anything which would make it different in Scotland).