Fencing - who is responsible?
DonGotti
Posts: 610 Forumite
Hello all
Yesterday I came home from work to find that the fencing on my neighbour's side had split from the middle and was tipping into my garden.
I was unable to go into my garden as the fencing was hanging off the posts and was blocking the door. So I knocked on their door and asked if at some point they would be able to move it out of the way.
They agreed but made a comment that when the person I bought the house from replaced his side of the fencing, he also replaced a couple of panels on their side but they were higher than the previous panels and not suitable for the posts that were already in place.
I didn't think anything further of it but this morning I woke up to find that the fences had been pushed further into my garden.
I appreciate that my vendor had put in fencing which may not have been entirely sturdy, but surely this isn't my responsiblity and it is for my neighbour to dispose of the fencing and replace the panels? Or am I wrong?
Yesterday I came home from work to find that the fencing on my neighbour's side had split from the middle and was tipping into my garden.
I was unable to go into my garden as the fencing was hanging off the posts and was blocking the door. So I knocked on their door and asked if at some point they would be able to move it out of the way.
They agreed but made a comment that when the person I bought the house from replaced his side of the fencing, he also replaced a couple of panels on their side but they were higher than the previous panels and not suitable for the posts that were already in place.
I didn't think anything further of it but this morning I woke up to find that the fences had been pushed further into my garden.
I appreciate that my vendor had put in fencing which may not have been entirely sturdy, but surely this isn't my responsiblity and it is for my neighbour to dispose of the fencing and replace the panels? Or am I wrong?
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Comments
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If it's your neighbours boundary then it's his responsibility to maintain regardless of who put the panels up - I'm sure he had ample time to voice his objections to you or the previous owner if he thought the panels were unsuitable and to insist that the issue was rectified or to put suitable panels of his own up.
A cheek to put up with it until it fails and then expect you to fork out for it!
Personally I'd push the panels over onto his side and let him get on with it.0 -
If it's your neighbours boundary then it's his responsibility to maintain regardless of who put the panels up - I'm sure he had ample time to voice his objections to you or the previous owner if he thought the panels were unsuitable and to insist that the issue was rectified or to put suitable panels of his own up.
A cheek to put up with it until it fails and then expect you to fork out for it!
Personally I'd push the panels over onto his side and let him get on with it.
My take on this is rather different.
As far as I am aware, unless it says otherwise in the deeds, all the neighbour has to do to maintain the boundary is make sure it is clear. Unless he has livestock to constrain, he has no duty to erect or maintain a fence or wall. He could just as easily mark the boundary with a piece of string or a line of stones etc. He doesn't have to replace the fence panels unless he wants to.
If the fence belongs to the OP, which it probably does if the person he bought the house off erected it, the the OP is responsible for disposing of the old fence and erecting a new one... if he wants to.0 -
The deeds usually mention who is responsible for maintaining "the boundary" on which side.0
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The deeds usually mention who is responsible for maintaining "the boundary" on which side.
But it won't say what the boundary is to be maintained with, as previously said a line of stones is sufficient.Do you want your money back, and a bit more, search for 'money claim online' - They don't like it up 'em Captain Mainwaring0 -
But it won't say what the boundary is to be maintained with, as previously said a line of stones is sufficient.
Our deeds specifically refer to fences needed to be used as boundary and to be kept in good orderNever, under any circumstances, take a sleeping pill and a laxative on the same night.0 -
Hello all
Yesterday I came home from work to find that the fencing on my neighbour's side had split from the middle and was tipping into my garden.
I was unable to go into my garden as the fencing was hanging off the posts and was blocking the door. So I knocked on their door and asked if at some point they would be able to move it out of the way.
They agreed but made a comment that when the person I bought the house from replaced his side of the fencing, he also replaced a couple of panels on their side but they were higher than the previous panels and not suitable for the posts that were already in place.
I didn't think anything further of it but this morning I woke up to find that the fences had been pushed further into my garden.
I appreciate that my vendor had put in fencing which may not have been entirely sturdy, but surely this isn't my responsiblity and it is for my neighbour to dispose of the fencing and replace the panels? Or am I wrong?
I believe the fence panels belong to whoever purchased and erected them, regardless of whose responsibility it is to maintain the boundary.0 -
For us our boundary is right hand side facing the property. We have problems with one neighbour as they won`t repair/replace they`re right hand side....plus they have a huge dog0
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could you offer to split the cost 50:50 ? That's what my various neighbours and I do and it works well, no hard feelings or disputes.0
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