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Who is responsible for repairing fence?
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# 1
Roberts
Old 25-02-2007, 12:20 PM
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Smile Who is responsible for repairing fence?

I hope someone can help me with this question. :confused:

I moved into my house about 3 years ago and the previous owner had erected a rather ramshackle wooden garden fence on the left side - the neighbours did have a wire fence in place but they have since taken this down. Unfortunately in the heavy storms the fence blew down and I have had to do a temporary repair as I have a dog who keeps getting out. My question is whether I am now responsible for this fence or can I force my neighbours to secure the boundary?

Thanks all
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# 2
topmum
Old 25-02-2007, 1:00 PM
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The rule is that you are responsible for the fence at the right hand side of your property. You will need to approach your neighbour over this. The deeds of your property will show this is the case if you need back up.

Hope this helps.
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# 3
robby-01
Old 25-02-2007, 1:06 PM
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if you need to have a fence in place because of your dog ,then you should mend it.It is your responsibility to keep the dog in.
Left hand rule only applies if that is what is written in the deeds.
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# 4
Davidboy
Old 25-02-2007, 1:44 PM
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Right hand side is not true in all cases. You will have to look at the deeds, it will say on there who is responsible for what.

In my case, I only take care of the fence at the bottom of my garden, either side is taken care of by neigbours. Hard to explain but it's the way the gardens are laid out.

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Last edited by Davidboy; 25-02-2007 at 2:34 PM.
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# 5
floyd
Old 25-02-2007, 2:06 PM
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It depends which side of the property boundary the fence sits. The only true way is to check the deeds as robby said.
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# 6
ormus
Old 25-02-2007, 3:59 PM
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there is no right hand rule.
and the deeds are very vague in my case! the scale is just too small to see. no one can say for certain whos is whos.
Get some gorm.
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# 7
feedering
Old 25-02-2007, 4:01 PM
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If you see "T marks" on the plan, then these point in the direction of the owner who has to maintain the wall, fence or hedge.


This link explains it.
http://www.gardenlaw.co.uk/boundaries.html

Last edited by feedering; 25-02-2007 at 4:04 PM.
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# 8
davsidipp
Old 25-02-2007, 4:03 PM
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check deeds our fences are shared on the deeds we replaced both fences as we have two dogs and would not like them roaming and pooing in neighbours garden.
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# 9
coolagarry
Old 25-02-2007, 5:26 PM
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Common sense normally rules in these cases as we often see in the papers the costs incurred when neighbours argue about fences. Decide what would be the best kind of fence and whether it is a diy job or you need to pay someone (in which case get some quotes) and speak to your neighbour.
If push comes to shove then you may have to pay for it yourself.
Personally I would always recommend slotted concrete posts as they make it so easy to replace damaged panels (I had to replace three at my MIL's house following the recent strong wind and it was really easy and relatively cheap)
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# 10
poppyolivia
Old 25-02-2007, 10:53 PM
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If the posts are on your ground its yours to fix and vice versa xxx Well in Scotland anyway xxxx
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# 11
lilac_lady
Old 25-02-2007, 10:57 PM
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If you can get your neighbour to agree to a shared cost, fine, but if not, I'd go ahead and put in a new fence if I wanted to keep my dog safe.
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# 12
ariba10
Old 25-02-2007, 11:16 PM
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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.
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# 13
danm
Old 26-02-2007, 9:09 AM
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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
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# 14
ormus
Old 26-02-2007, 9:28 AM
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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.
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# 15
feedering
Old 26-02-2007, 12:39 PM
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Quote:
Originally Posted by ariba10
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.
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# 16
smk77
Old 26-02-2007, 1:09 PM
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Quote:
Originally Posted by poppyolivia
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.
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# 17
kittiwoz
Old 27-02-2007, 2:45 PM
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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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