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Who if anyone is responsible for fence repair?
dboswell
Posts: 309 Forumite
My new neighbour claims that I have damaged his (20 year old) back garden fence by leaving items against it (but this isnt true).
In fact, the aged fence was damaged when it blew down in strong winds last year and I repaired it (and its been fine since).
He has contacted me asking to pay the cost of new panels, however, the fence doesnt need replacing.
In fact, Im of the belief he doesnt own it, but that it is a party boundary as there is no reference to it on deeds and neither of us erected or paid for it.
Where do I stand in resisting his calls to foot the bill for a fence that is standing and fine? He has threatened me with legal action
In fact, the aged fence was damaged when it blew down in strong winds last year and I repaired it (and its been fine since).
He has contacted me asking to pay the cost of new panels, however, the fence doesnt need replacing.
In fact, Im of the belief he doesnt own it, but that it is a party boundary as there is no reference to it on deeds and neither of us erected or paid for it.
Where do I stand in resisting his calls to foot the bill for a fence that is standing and fine? He has threatened me with legal action
0
Comments
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Talking to him might help.
In an adult fashion of course, have you told him that you have not had anything against it ect.make the most of it, we are only here for the weekend.
and we will never, ever return.0 -
My new neighbour claims that I have damaged his (20 year old) back garden fence by leaving items against it (but this isnt true).
In fact the fence was damaged when it blew down in strong winds last year and I repaired it (and its been fine since).
He has contacted me asking me to pay the cost of it, however, the fence doesnt need replacing.
In fact, Im of the belief he doesnt own it, but that it is a party boundary.
Where do I stand in resisting his calls to foot the bill for a fence that is standing and fine?
Ignore him
Usually whoever owns the fence has the posts their side, giving the neighbour the good side so to speak, cos the posts have to be on the owners property0 -
fences are complicated subject...duty to fence etc original covenatees ... T marks etc
the pragnmatic view is that fences can have things leant against them.
ps I am a vexaxious litigant so give me some ammo0 -
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am I correct in assuming that if its a party boundary, he has no right to force a change/cost on me and that it can only be done with agreement of both of us?0
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ok still a bit squiffy but this is the basis.
only the original covanatee vcan enforce the duty to fence if the land is a division from the whole. thatr means that a fence can be deemed a positive conevan and cannot run with the land. if you or you meighbour are not the orginal coventor and coventanee then .......
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Ownership.
The fence is owned by whoever paid for/erected it, or their successors (ie whoever bought the property).
Ownership of the boundary is not the same as ownership of the fence.
Which side the fence posts are might be an indication of ownership. Nothing more.
As might ownership of fences up/down the road sometimes each house owns the fence on the left side of garden (or right).
Repair
there is no obligation on the owner to maintain, repair, replace the fence. Matter of choice. There is no requirement for their to be a fence at all.
Unless, of course, there is a specific covenant in the Title or elsewhere. Have you looked?
However, IF the fence is his, and IF you damaged it, then yes, you should repair/replace his damaged property.
If you refuse he could take you to court. Make an interesting hearing though! :rotfl:
Adult discussion? Compromise? eg 50% cost each?0 -
Hey Whatdo - I know we all sometimes hit the odd wrong key, but this has to be a record!ok still a bit squiffy but this is the basis.
only the original covanatee vcan enforce the duty to fence if the land is a division from the whole. thatr means that a fence can be deemed a positive conevan and cannot run with the land. if you or you meighbour are not the orginal coventor and coventanee then .......
....0 -
Is he saying you should pay the full cost, or 50%?
Check if there is anything in the deeds of the house. If there's nothing there and the fence meets the house at any point is it clearly on one side of the boundary?Note: Unless otherwise stated, my property related posts refer to England & Wales. Please make sure you state if you are discussing Scotland or elsewhere as laws differ.0
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