Fences, what rights?

dantheman2010

Good morning all.

I have posted a few threads about my neighbours fences before.

At the beginning of Feb mine, my neighbours and the neighbours next to them had some of our fences fall down due to the wind. I fixed the side I was responsible for and the people the other side of our neighbours fixed theirs too. The only people havent is the neighbours whose fences border our garden.

They are tenants and we have spoken to them numerous times and they have said their landlord, who lives in america, is going to sort it "soon", but they dont know when. This was about 10 weeks ago and ever since then have said the same thing.

I question whether they have even told him due to the state of the garden in the first place, they probably dont care as much about it as we do, but thats another matter.

My query is, IF their landlord doesnt fix it and I end up having to do it, do these fences then become my responsibility in the future, is this now my booundary fence as well as the other side? What kind of permission do I need to have to do this?

At the moment out of the 5 panels, one is completely gone, one is in bits leaning up against my trees and the other 3 are all leaning in towards my garden, the final one is actually attached to my garden gate and I will not be happy if it brings that down.

I am going to attempt the get the LL's contact info from the T but that doesnt look promising, the LA dont care as they arent managing the property.

Just wondering what process I have to go through if I end up taking it in to my own hands, begrudingly, to fix.

Thanks guys.

dorset_nurse

If I were you I would contact the LL and see if he will pay for them to be fixed. If you wish to take the hit yourself you are within your right to erect another fence on the inside of his fence on your land. However this will be your responsibility to maintain and you would not have the right to remove his without permission.
My neighbour is in a simlilar situation where his neighbours fence is just 2 strips of wire and the grass is overgrown and looks terrible. He opted to erect his own fence inside of this for privacy. It looks much nicer!
If your garden gate collapses it will be down to you to repair as the LL will be able to say it should have been attached to your own post on your land. Be careful about doing things on the LL's land without permission, people get very funny about borders!

bris

Fences are just a way of showing boundaries, there is no legal reason why a fence would need to be fixed. If the neighbours LL decides not to fix it, there is nothing you can do. You can however repair it yourself if it is also on your side.

Richard_Webster

Fences are just a way of showing boundaries, there is no legal reason why a fence would need to be fixed. If the neighbours LL decides not to fix it, there is nothing you can do. You can however repair it yourself if it is also on your side.

I agree. people think that there is some law that fences must be fixed by someobody - there isn't.

dantheman2010

My question wasnt is their LL responsible for them, I asked IF I fix them do I need the LL's permission. Do I really have to put up with them hanging off into my garden offering no privacy or security if I am willing to pay to fix them?? That was the question.

womble12345

You can maybe get the landlords address from the land registry for £4?

dantheman2010

womble12345 wrote: »

You can maybe get the landlords address from the land registry for £4?

Already tried that, their listed address is the rental property.

I am going to speak to the tenants again at the weekend and see if they mind giving me the landlords contact info or passing my email address on to him. Or also write a letter and send to the LA and see if they will forward it on.

I am not keen on spending the £350 to fix them, especially as the tenants have said he would fix them, but if it goes on another couple of months I just dont think he will be sorting them and I may have to, begrudingly.