boundary fence problems

daff_duck

We put up a fence over 6 years ago between ourselves and the neighbors. According to the deeds the neighbor is responsible for the maintaining of the boundary so the fence is positioned on our side of the boundary. given the really bad weather the fence is now about to fall down into her garden as a few posts have snapped. she will not however let us over to her side to repair the fence so we don't really know what to do as this fence is about to collapse. If we take the fence away then there will be no type of wall/fence or hedge to separate our gardens. She benefits from the fence being there also. is there anything I can do?

cyclonebri1

She has to give you access to fix the fence full stop.

You do however have to give the correct legal notice, the details of which I'm unsure.

But while that happens you need to protect yourself by sending a letter by registered post stating the likelihood of the fence falling, and stating clearly that given you have been refused access, you cannot be held responsible.

Now, again, wether that would stand up in law I'm unsure, but it does prove care and avoids negligence claims

PS, and without offence, if it only lasted 5 or 6 years, you made a pass poor job of it:D:D

keystone

If neighbour is unreasonably denying you access to her land to perform essential (and it must be essential) maintenance to your existing elements of your property that you cannot access from your own land and provided you have exhausted all informal means to gain that permission you have the right under the Access To Neighbouring Land Act of 1992 to apply for an Access Order. Blimey that was a word salad but can't find a way of saying it fewer words.

You ought to be able to replace or spur your fence posts from your own side though. How big a gap did you leave to the actual boundary when you put the fence up? You don't need her permission to tread on that bit - the boundary hasn't moved just because you put the fence wholly on your land. Just don't go that extra ½ inch - particularly if she's watching.

Cheers

daff_duck

The actual fence is on our land but we have to into her garden to replace the posts. there are three posts altogether which have snapped just above the ground, all we want is to replace these.

cyclonebri1

daff_duck wrote: »

The actual fence is on our land but we have to into her garden to replace the posts. there are three posts altogether which have snapped just above the ground, all we want is to replace these.

I had someone saying to me on here the other day that removable fence panels was unusual and unnecessary, and they only wanted to paint the other side.

This is a sound example of where it would have helped


Something else I forgot to say before, I don't think the deeds will say she is responsible for the boundary. It will say if it is hers, little darts on the plan<, but she doesn't even have to have a physical barrier, the boundary stays as it is with or without a fence as per KS above. Hence your need to put up your own fence.

Personally I'd knock a few panels over here side if it isn't an issue for your kids etc. bet she would be complaining you to get it fixed then.