Fence Issue

izoomzoom

I want to start childminding and we have a major problem with the right-hand side fence (looking from the front, but in back garden). Its falling down, and being held up by string .... not safe at all for children.

I have bascially resigned myself to paying for it ourselves (£250 plus DH labour), and happen to see my neighbour today (probably for the first time this year), and I said that my DH wanted to speak to him about replacing the fence .... his english isn't the greatest but ...

it turns out he is rented (perhaps from his brother-in-law) and when DH sees him on Sunday, he said he'll phone his landlord ....

so there is a chance that we will be able to get the landlord to replace the fence (as on the general thumb rule (I know not legal legal) it belongs to them).

Any tips on how to get this to go our way ???

WobblyGoblin

Sorry - possibly being silly but what is "DH"?

First point is fence ownership - it should say on your building plans who 'owns' that fence.

Second point is on whether it needs replacing. You may see it as necessary but the owner next door might not. It would be difficult to force them to replace unless it is clearly dangerous.

Maybe there is a compromise to be had in sharing the cost.

You can have a quick search on the forum - there's been a fair few threads about fences and ownership lately.

ariba10

I would think D H -- Dear Husband?

I think that the only things that have to be fenced are Railway Tracks and Motorways.

You could, if desperate enough erect a fence 6 ins inside your boundary, It would then be yours.

ormus

the right hand/left hand rule is an urban myth.
your deeds may or may not show the ownership of the fences.
the best bet is always to share the cost of any fences, with the neighbour. easier and cheaper than arguing and paying for legal advice/action.
just do it.

27col

I gave my son a hand replacing 5 fence posts this week. We pulled up the the useless Metposts and replaced them with concreted in wooden posts. We then repaired and refitted the panels. He has now rung me to say that he thinks that we replaced the wrong fence. The laugh is that we spoke to the neighbour while we were doing it and he said nothing about the fence being his. But then, would you, if someone was replacing your fence for free. It will be interesting to see what it says on the deeds.

sharpe106

I would think if it is his fence unless it was a hazard to his tennant than he would not have to replace it and probably would not after all he already has a tennant in so makes no difference to him unless his tennant complains about it