Advice please - boundary fence and neighbours' dog

slopemaster

I would appreciate any advice on this, both on what the legal position is, and on what people think would be a reasonable stance to take.

In recent high winds a big branch came off a tree and and demolished a section of boundary fence. (Tall panel fencing)
The tree is mine.
According to the neighbours, the fence is mine, and my responsibility.
(I don't know either way, but am not arguing with this. The posts are my side, for what that's worth.) They asked me to have the fence replaced.

I went and looked at it (I don't live in the house) and decided that this fence is not really needed. It's not really visible from either house,and there are shrubs there, so I don't see the need to spend hundreds of pounds. If the boundary needs defining, I would just put posts and wire.

Now, I am not dealing with the neighbours directly as my house is rented out and they have been in contact through the agent. I gave them the message that I would have the debris cleared away, but did not intend replacing the fence. Message came back that they are getting a dog so I need to replace the fence.

I haven't responded yet, but it seems to me that, although it may be my fence, if they get a dog, it is up to THEM to confine it to their own garden. I don't see why I should pay for it!

I do not want to fall out with them unnecessarily, but would like to know whether this seems reasonable to others.
It is not strictly relevant I suppose, but the neighbours are also MUCH wealthier than we are!

I did go round there but they weren't in. I don't have any contact details and have never met them as they just bought their house. So I don't know whether they're really as unreasonable as seems to be coming across via the agent. Should I get the agent to give me their details so I can expain my position direct? Or just tell the agent to deal with it and no, afraid I won't replace the fence? And what happens then if dogs come and !!!!!! in my garden and dig it up?

Sorry it's long, thanks for any opinions.

phill99

There are very very few occasions where a landowner is obliged to provide a fence.

Unless your house deeds say otherwise, it's unlikely that you will have to pay for a fence.

If they want a fence then it's up to them to ensure that one is there, not you.

NeverInDebt

You dont normal have to have a fence, its entirely up to you or neighbours. Some people may go halves others will buy new fence and maintain it. If you own the fence then by rights they cant stain on it. If they have a dog they should keep in under control

iamcornholio

As the others have said - you don't have to replace your fence

Further to this, if you have rented this place out, then it would be up to the tenants to decide if they wanted to replace the fence or not - unless stated in the tenancy agreement, fences are not the landlords responsibility

mrschaucer

Reiterate to the neighbours that you will not be replacing the fence and that if they choose to have a dog then it will be up to them to make sure it is safely confined.

slopemaster

Thanks to all of you.
It's nice to know that you agree with me!
I will tell the agents to pass on that I won't be replacing it, but have no objection if they wish to.

keystone

slopemaster wrote: »

Thanks to all of you.
It's nice to know that you agree with me!
I will tell the agents to pass on that I won't be replacing it, but have no objection if they wish to.

If its your fence on your land then its yours and technically for them to replace the damaged portion could be a trespass. If they want to erect their own fence (albeit a matter of inches from yours) they are entirely at liberty to do so.

But you should check your deeds. I purchased a piece of land from my (then) neighbour some years ago and as part of the sale/purchase agreement it was written that I would fence the new boundary. Phil says its very rare and it is but it can happen.

Yes and I agree that its up to them to contain their hound not you.

Cheers

keystone

iamcornholio wrote: »

Further to this, if you have rented this place out, then it would be up to the tenants to decide if they wanted to replace the fence or not - unless stated in the tenancy agreement, fences are not the landlords responsibility

Thats an interesting one. Got a link?

Cheers

Edit: Just fallen in (perhaps). Would this be on the grounds that the fence falls under garden maintenance? If so does that make all the advice that the OP of the "neighbour chopped my tree down" thread received that, as a tenant, it wasn't her tree and she wasn't responsible for it somewhat dubious?

olly300

keystone wrote: »

If its your fence on your land then its yours and technically for them to replace the damaged portion could be a trespass. If they want to erect their own fence (albeit a matter of inches from yours) they are entirely at liberty to do so.

Personally I wouldn't mention to them that they could put the fence on their side as this information isn't hard to find out and saying this could easily put their backs up.

Also I wouldn't start hassling tenants about replacing the fence as they could put any rubbish there or do it very badly causing more grief with the neighbours when it falls down on their side.

If you can't be bothered to get wooden fencing then you could grow a green fence in the form of a prickly bush along the boundary. Yes it would take a few years to mature but it would keep the dog in and I'm sure the neighbours will enjoy cutting it on their side.

keystone

olly300 wrote: »

Personally I wouldn't mention to them that they could put the fence on their side as this information isn't hard to find out and saying this could easily put their backs up.

Seeing as you quoted me in your post its worth noting that I wasn't giving advice on what to say I was reiterating what is a matter of fact.

Cheers

plumface

If it is your fence why don't you just replace it?
Just dip your hands in your deep pocket and have it replaced.
What next...oh! that glass has broken in that side window,never mind i don't look out of it i'll just board it up!
Oh! some !!!!! has dumped rubbish in my front garden,never mind i only use the back garden,i'll leave it.

I haven't responded yet, but it seems to me that, although it may be my fence, if they get a dog, it is up to THEM to confine it to their own garden. I don't see why I should pay for it!

Perhaps if it is your fence you should pay for it.

It is not strictly relevant I suppose, but the neighbours are also MUCH wealthier than we are!

I would say it is totally relevant,it is showing you up for what you are,so you have 2 houses then,my heart bleeds for somebody so 'badly off'.
You must be a real delight at the pub when it comes to round buying :rotfl: