neighbour's fence dangerous

Gazpablo

Our neighbour's wooden fence, which runs between our two houses, is in a very dangerous condition since recent high winds, indeed, the fence has been in very poor condition for several years, and has had concrete spurs fitted here and there to hold posts up. On one occasion in the past we even went 50:50 on some repairs as a gesture of goodwill. The closeboarded fence passes close by our back door and continues down to the back fence. At least four posts are rotted through, with three panels leaning badly towards our house and restricting our access along our side path to the back door. If nothing else, we need a fence to keep in our dog.

We have offered to pay for a new closeboarded fence (cost £1.9k) provided the new fence ownership is acknowledged as being our's (we are not so charitable that we will pay for a fence and then gift it to our neighbours). We spoke to the neighbours to say we were happy to get quotes, which we duly did. We then wrote a letter outlining that we are prepared to pay for a replacement as long as the fence is our property; we also said we would in the future maintain the fence on both sides at our cost. Imagine our surprise when our neighbour said that she and her partner have split up and she would need to find out from her ex-partner his views. We have waited now four weeks for an answer, and while I have shored up the fence panels near our back door as best I can, the fence is beginning to lean our way again.

Would it be unreasonable to get the fencing contractor in to take out the old fence and replace it with a new fence? We realise that the old rotten fence is not our property but what the hell, are the neighbours really going to sue us if there is a brand new fence in its place?

Am I being unreasonable in expecting an answer? My wife just wants the fence sorted out before there is a serious accident or damage to our property, and says she doesn't care if the new fence remains in ownership of the neighbours. I realise that there is no legal obligation to have a fence along a boundary but if the neighbours have split up then this fence issue is not going to go away, and indeed at some point their house will probably have to be sold. This could be months away.

Can anyone please suggest a way forward before someone gets hurt by flying fence panels? Many thanks.

Antispam

I cant see why they would be bothered in fact I would have thought if you are paying for a fence as old one is knackered it would enhance there garden and thus make house more attractive when it comes to sell it. I replaced fence to rear of us at my cost on my land and I have told neighbour I will maintain both sides. I did appease him with staining his side colour he liked which I happen to have that colour. He doesn't begger all when it comes to gardening/staining fence any way

If and when they sell I make sure any new owners know its your fence that way they cant touch it if its on your land. But of course always best to try and keep best side of people

phill99

Don't take the fence down. It can be classed as criminal damage.

Just build the fence on your side of the existing fence.

jc808

Agrred with above, but really the old fence flapping about and bashing the new fence could damage it, and I cant see the numpty neighbours being too concerned about it

System

Plus you need to do something to ensure that your dog is secured within your garden - that is not your neighbours responsibility.

keystone

OP you can quite happily erect a new fence on your side of the boundary. The boundary should be on your side of the current fence belonging to your neighbour as a fence should not be erected exactly on the boundary.

I think you would be within your rights to remove those panels and rotten posts that are trespassing on and perhaps endangering your property as long as you return them to the owner. For the purposes of keeping the dog in you could quite happily put up some chicken wire in the gaps pro tem.

How long is this fence to be BTW. £2k seems quite a lot of dosh but might not be if its a long run.

Cheers

Gloomendoom

I have some sympathy for the neighbour. I had similar situation with a boundary wall some years ago during the break up of my marriage

Needless to say, it came extremely low down on my list of priorities and did cause a bit of tension between myself and my neighbour.

Gazpablo

Many thanks for everyone's comments - this is very helpful. We have taken the view that we need to be reasonable (and be seen to be reasonable) and will wait a few weeks but by the time we get near to autumn we cannot risk the autumnal high winds.

It is a fairly long fence but it goes along the side of a path which is at the side of our house. Our biggest worry is the fence panels taking off in a high wind and being dashed against the back door of our house. I know that the neighbour's insurance should cover any damage but they might not be insured, in which case we pick up the bill. Either way it is causing us some sleepness nights, which is not good as I'm recovering from cancer surgery and subsequent treatment. I just wish our neighbour could be a little bit reasonable, as after all we all need to get along somehow.

ROY47

"I know that the neighbour's insurance should cover any damage but they might not be insured"

They may not cover damage from a wooden fence I read somewhere of a case wher insurance called a wooden fence a "temporary structure "

http://www.schofields.ltd.uk/blog/1918/storm-damage-to-fences-gates/

I know that article is about second homes but be careful assuming neighbours insurance will pay