Whose responsibility is the broken fence?

nhampson Posts: 133 Forumite

27 December 2013 at 10:05AM in Flood & storms help & information

Our house and next door share a boundary with a house to the rear of us, the deeds of which show the boundary to be mine and my next door neighbours to maintain. The original fence was concrete posts with wire strung between them however the neighbour to the rear wanted increased privacy so put up a six foot fence the entire length of the border.

In the recent high winds the fence posts have worked loose and the entire fence now moves about 20 degrees either way from vertical. This movement has also damaged a fence (mine) which sits at 90 degrees to it.

I have spoken to the neighbour who has said he is quite happy for me to take ownership of the fence to either replace or repair as I see fit but doesn't seem that bothered about doing anything himself about it.

Surely this fence is not my responsibility if he had it installed? I am sure the wire fence in place before he built it would not have blown over and neither would my other fence be damaged.

I have offered to split the cost of repairing the rear fence and would probably also take on the cost of repairing "my" fence where "his" fences movement damaged it but he doesn't seem interested. I feel that morally I should be in a position to to at least get him to either repair (and I have offered to pay half) or remove and I will put the original fencing back in place (I can't afford a full length six foot fence to replace it). I also feel that morally he should also be liable to repair/replace the broken fence that his fence has damaged (although I am willing to pay this).

I think that i am trying to be a just and reasonable neighbour and although I never speak with the rear neighbour certainly wouldn't want to cause any animosity between us.

What s the legal standpoint regarding ownership of the rear fence. Can a neighbour put up a fence on someone else's boundary and expect them to maintain it? Would any damage caused by a broken fence be liable to be repaired by the fences owner?

I just want to be fair regarding this really.

Opinions are like a**holes, everyone has one.

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savvy Posts: 31,128 Forumite

20 January 2014 at 11:57AM

Hi, if you still haven't managed to sort this out, I wonder if a photo of the situation might help some people understand the problem better to offer advice? I know I got lost with all the neighburs and fences with 485 views, I;d have expected some help for you with this

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I'm a Board Guide and volunteer to help get your forum questions answered and keep the forum running smoothly on Special Occasions, Green/Ethical, Motoring/Overseas/UK Travel & Flood boards, it's not part of my role to deal with reportable posts. Report inappropriate or illegal posts to forumteam@moneysavingexpert.com. Views are MINE & not official MSE ones

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brightontraveller Posts: 1,379 Forumite

11 October 2014 at 3:37AM edited 11 October 2014 at 12:10PM

Check your deeds a bit more boundary being his and yours to maintain doesn’t mean a fence it could equally be a bush, tree, stone markers they normally state if a fence etc is allowed or required what type etc and who is responsible.

Who’s land is it on his or yours? If its his and the movement encroaches onto yours yes you can try for compensation although you’d need to prove the movement of his damaged yours he could easily counter with deeds state its both of yours responsibility just he didn’t ask you for any money when he put it up although on thin ice there but if your deeds are that cost be shared there’s always a chance or it was yours moving damaging the boundary fence?
If its on your land again your entitled to compensation assuming he erected it without your consent another way to look at it is he paid the full price to erect it yet you also benefited from it now its your turn to stump up some cash for it the repair which would likely be less than you would have paid for your half of the entire fence I’d say ok I’ll repair on this occasion but will you agree any future cost be shared?

Yes legally speaking you may well have a strong case dependant on the deeds but going through the court will likely cost a lot more than repairing it if you don’t have the money just remove the panel that’s hitting yours then either leave it or do the rest when you can? If it all falls down likely he will erect it again as if he wanted privacy before he’ll want it again? If not standing in the garden with nothing but stained y pants drinking scratching your nuts will encourage him to do so ? any legal route the only real winners will be the solicitors

If you wish to take it further these have very many case such as yours

http://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=6

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Whose responsibility is the broken fence?

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