Who is responsible for repairing fence?

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  • ariba10
    ariba10 Posts: 5,432 Forumite
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    As I am aware the only people that are compelled by law to fence their property are the railway companies.
    I used to be indecisive but now I am not sure.
  • danm
    danm Posts: 541 Forumite
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    Your deeds will tell you whose boundary is whose.

    I do not think there is a requirement for you neighbour to errect a new fence even if the boundary is theirs, unless explicitly stated as such in the deeds.
    There is however a requirement for you to stop your dog entering their land.

    If you install a new fence, do it just inside the boundary line. It is then your fence, on your land and there can be no question of ownership or encroachment

    gardenlaw is a great place for these types of questions
  • ormus
    ormus Posts: 42,714 Forumite
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    always try and speak to the neighbours about these issues and come to an agreement.
    ive been very lucky in the last 20 yrs. great neighbours (in 2 homes) and twice ive shared the costs of fences.

    you dont want a 300k legal bill! (reported on the bbc website last week).
    Get some gorm.
  • feedering
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    ariba10 wrote:
    As I am aware the only people that are compelled by law to fence their property are the railway companies.


    It really depends on the situation. You building rules may state that you need to have a fence on your property mine do. each case is specific the is not set precedent.
    the way forward is the consumer action group .co.uk
  • smk77
    smk77 Posts: 3,677 Forumite
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    If the posts are on your ground its yours to fix and vice versa xxx Well in Scotland anyway xxxx


    This is not true. As in England it's down to what is in the deeds.
  • kittiwoz
    kittiwoz Posts: 1,321 Forumite
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    You say that the fence which has blown down was put up by the previous owner of your house, presumably on your side of the boundary. This suggests it is your fence. Even if the deeds show that the original fence belonged to the neighbours that does not oblige them to replace it. There is generally no legal requirement for any party to secure a boundary. There is however a legal requirement for owners to secure their own animals.

    I would suggest you speak to your neighbours and see whether they will agree to contribute to the cost of repairing or replacing the fence. My advice is not to push it if they are unwilling, it is not worth creating a dispute over and IMHO it is you who is responsible for the job anyway.
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