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Fence blown down in the wind, ownership & boundary disputes

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Comments

  • Doozergirl
    Doozergirl Posts: 34,078 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The responsibility of the boundary and ownership of the fence are two different things. As there is no requirement to have a fence, the fence belongs to the people who paid for it - ie. both houses.

    Responsibilty for the boundary should be found in the title register or plan, which you may have from when you bought the house or will be available to download for the land registry.

    Even if the boundary is your neighbours to maintain, they can lay the fence down on the floor and leave it. You only need to mark the boundary with a piece of string if that's what you want to do. Or Posts, which the fence posts might do.
    Everything that is supposed to be in heaven is already here on earth.
  • Apreciar
    Apreciar Posts: 627 Forumite
    edited 3 January 2012 at 3:30PM
    Even if they do own it, how were they negligent? So it's irreverent.

    Irreverent? That is what you are to other party; irrelevant is what your comments are.
    Change is here to stay
  • Plasterer
    Plasterer Posts: 819 Forumite
    Apreciar wrote: »
    Irreverent? That is what you are to other party; irrelevant is what you comments are.


    :rotfl::rotfl::rotfl:
  • adouglasmhor
    adouglasmhor Posts: 15,554 Forumite
    Photogenic
    Apreciar wrote: »
    Irreverent? That is what you are to other party; irrelevant is what your comments are.

    So what? Public forum, I can post where and what I like so long as it is the terms and conditions of the forum. What are you and your wee friend (who can't even quote properly) going to do about it? Nothing that's what.

    aplausos.gif
    The truth may be out there, but the lies are inside your head. Terry Pratchett


    http.thisisnotalink.cöm
  • most home insurers wont pay out on storm damage to fences,hedges or the like
  • Doozergirl wrote: »
    The responsibility of the boundary and ownership of the fence are two different things. As there is no requirement to have a fence, the fence belongs to the people who paid for it - ie. both houses.

    Responsibilty for the boundary should be found in the title register or plan, which you may have from when you bought the house or will be available to download for the land registry.

    Even if the boundary is your neighbours to maintain, they can lay the fence down on the floor and leave it. You only need to mark the boundary with a piece of string if that's what you want to do. Or Posts, which the fence posts might do.

    Exactly.

    It's a shared fence as both properties paid for it - so he's in no way liable for the damage to your car.

    Yes, it would have been nice of him to help you clear it up, but not everyone in this world is nice.

    If you want a new fence, speak to the neighbour and ask to go halves. If they say no, you'll either have to pay for it yourself or do without one. If it's in an exposed position and is likely to be subject to wind damage in future, I might be tempted to do without.
  • adouglasmhor
    adouglasmhor Posts: 15,554 Forumite
    Photogenic
    Plasterer wrote: »
    Nothing "wee" about me!

    :rotfl::rotfl::rotfl:

    I see you have learned to use the quote function properly well done.

    1MC
    The truth may be out there, but the lies are inside your head. Terry Pratchett


    http.thisisnotalink.cöm
  • ic
    ic Posts: 3,435 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    If you want a new fence, speak to the neighbour and ask to go halves. If they say no, you'll either have to pay for it yourself or do without one. If it's in an exposed position and is likely to be subject to wind damage in future, I might be tempted to do without.
    Or go for a shorter fence - say a 3ft panel fence, which is really two foot wooden panels (preferably something strong like closeboard rather than the elcheapo wayneylap) on top of a 1ft concrete gravel board - or a fence which won't catch the wind the same - say trellis or picket. Timber posts should be avoided. I installed a fence with timber posts, it snapped clean off at the ground on every post - they were all damp. I now have concrete posts, and so far the fence has gone nowhere. :)
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