Council to pay half a border fence?

BMcN

Sorry but I am not sure where to post this one so please point me in the right direction if this isn't it.

I live in my own bought property in a 'right to buy' area in Scotland. It is semi detached, the house attached is owned by the council with a council tenant in it. There is a fence between the 2 properties that needs replace because my dog can get through it. I asked the council to pay half the cost and they said they don't need to because its a dividing fence and they only pay border fences. Any advice? Surely the fence in between is a border between their land and mine and stopped being a dividing one when my house was bought?

Thanks.

nomoneytoday

On the deeds is it their fence or yours?
If it's your fence you pay, if it's their fence then it's up to them...

carlislelass

our council wouldn`t pay

BMcN

nomoneytoday wrote: »

On the deeds is it their fence or yours?
If it's your fence you pay, if it's their fence then it's up to them...

I couldn't honestly say, it is on the border of the 2 gardens so I assumed 50 50 ownership.

Barneysmom

No, it's up to you and the council tenant to replace it.

zzzLazyDaisy

There is no legal requirement to install a fence on a boundary, but if there is one there, there is a requirement to ensure it is safe. So even if the fence is on a boundary that belongs to the council, and even if the fence is unsafe, their only obligation is to take it down or make it safe.

On the other hand, your dog is your responsibility, so whatever the deeds say, you may end up being the one to make your garden secure so that your dog can't escape.

Any chance of the tenant going halves with the cost?

zzzLazyDaisy

BMcN wrote: »

I couldn't honestly say, it is on the border of the 2 gardens so I assumed 50 50 ownership.

You need to look at the title plan for your house (£3 from the land registry). It will show which owner is responsible for which boundary. It is rarely 50/50.

BMcN

Thanks for the advice so far. The part that is confusing/frustrating me a little is that they said they would pay out on a boundary fence. For example if it was a fence between me and the next house up that I am not attached to, they would pay but since its the one I am attached to they won't.

Surely it was a dividing fence when they owned both properties but its a boundary now I own this half?

LinasPilibaitisisbatman

Is the fence dangerous in any way?

If not it doesnt really matter at all as they cant be forced to pay for an upgrade because your dog can escape.