Who if anyone is responsible for fence repair?

dboswell

G_M wrote: »

Unless there is more to this than we know (borders a council playground etc) this is entirely a private civil matter between two private individuals. the council will not get involved.

Thanks G_M.

Just two residential gardens surrounded by other private gardens

Leven

Don't be bullied into paying for it. I would offer 50/50 and make it clear that as far as you are concerned, if he doesn't take up the offer then the matter is closed. Then ignore him.

shonzyd

Normally if there is no mention in the title to dictate who is responsible then it is deemed as a 'silent' boundary and it is therfore assumed costs are to be shared 50/50

As someone mentioned earlier there is no requirement to have a fence at all, you could actually tie a piece of chicken wire purely to mark the boundary lines if you really wanted.

But if there is nothing in the title both come to an agreement yourself, and the simpliest is 50/50.

Regards

dboswell

shonzyd wrote: »

Normally if there is no mention in the title to dictate who is responsible then it is deemed as a 'silent' boundary and it is therfore assumed costs are to be shared 50/50

As someone mentioned earlier there is no requirement to have a fence at all, you could actually tie a piece of chicken wire purely to mark the boundary lines if you really wanted.

But if there is nothing in the title both come to an agreement yourself, and the simpliest is 50/50.

Regards

In this case where the two parties are at polar opposites (one wants a change and the other is happy with the status quo) is there a likely outcome? I cant really afford it at the moment.

Mojisola

dboswell wrote: »

In this case where the two parties are at polar opposites (one wants a change and the other is happy with the status quo) is there a likely outcome? I cant really afford it at the moment.

The one who wants a new fence the most ends up paying for it.

If you can't afford it, you don't have to change the fence. You don't have to go halves.

shonzyd

wooden fences are not covered under the Party Wall Act 1996 so nothing he could do.

Has he given you a cost?

dboswell

shonzyd wrote: »

wooden fences are not covered under the Party Wall Act 1996 so nothing he could do.

Has he given you a cost?

He hasnt given any cost. He alledges that I damaged the fence (by placing items against it) and wants me to arrange a new fence and pay 100% of the cost. I deny any damage to the fence.

Earlier today, I mentioned that the neighbour had denied ownership and that when the fence blew down, I was left to erected it and patched up some of the damage, since when its been fine. Would that convey some "ownership" rights to me?

Neither of us paid or originally erected the fence 20 odd years ago, or can claim succession rights and neither deed declares ownership

Mojisola

dboswell wrote: »

He hasnt given any cost. He alledges that I damaged the fence (by placing items against it) and wants me to arrange a new fence and pay 100% of the cost. I deny any damage to the fence.

Earlier today, I mentioned that the neighbour had denied ownership and that when the fence blew down, I was left to erected it and patched up some of the damage, since when its been fine. Would that convey some "ownership" rights to me?

Neither of us paid or originally erected the fence 20 odd years ago, or can claim succession rights and neither deed declares ownership

Stop worrying about it.

If he wants a new fence, he will have to pay for it.

Even if the responsibility for the boundary is marked on your house deeds, you don't have to put up a fence. A few bamboo canes and a length of string would mark the boundary.