Who is responsible for broken fence?

[Deleted User]

Following the recent storms, we now have a fence come down between our garden and a neighbour's. They've only just moved in and are insisting that it's our responsibility - and have shown us a copy of their deeds; the conveyance clearly says that we are (which is fine).

My question is - when I look at the deeds on our house, the conveyance says absolutely nothing about who is responsible for which fence; they are dated 2 weeks before our neighbour's deeds.

I was wondering if this makes any difference, legally?

(By the way, I'm not going to be litigious about this, and I DO want to remain on good terms with them; I'm just curious about the question).

Thanks.

Rodney_Trotter

The owner of the fence is responsible for it.

Do you know who put it up?

[Deleted User]

Rodney_Trotter wrote: »

The owner of the fence is responsible for it.

Do you know who put it up?

The previous owner of the neighbour's house said it was her fence (so I think she put it up - or rather her husband did before he died) but she's moved away now - no idea where (I suspect into a nursing home).

Rodney_Trotter

Corona wrote: »

The previous owner of the neighbour's house said it was her fence (so I think she put it up - or rather her husband did before he died) but she's moved away now - no idea where (I suspect into a nursing home).

Well legally speaking it's your neighbours fence if previous occupants put it up. However if they have paperwork saying it's your fence then maybe it is.

The best solution will be a compromise with the neighbour. Or call the police.

Chunks

Might be worth a Google but found this link:

http://www.gardenlaw.co.uk/boundaries.html

Dan-Dan

999 !!!!!! quick

SilverSaloon

if the jury really is out then suggest a split payment. starting at 50/50. if they say no then maybe pay a bit more but say it will be your fence.

what side are the posts on?

have a look on google maps to see if the photos can show what side the posts are on too maybe?

if they play silly !!!!!!s....

or if they insist that its yours, suggest you dont really want a fence anyway, take it all down and leave it open saying you'll plant a few trees that will be high in a good few years.

they may opt to help pay for the fence then ;-)

or leave it down if you can live with that and you may find they put a new fence up in the end themselves

jbainbridge

I've always been happy to split the cost of a fence with neighbours ... you both benefit from it.

Rodney_Trotter

SilverSaloon wrote: »

if the jury really is out then suggest a split payment. starting at 50/50. if they say no then maybe pay a bit more but say it will be your fence.

what side are the posts on? why?

have a look on google maps to see if the photos can show what side the posts are on too maybe? or maybe look out a window at the rear of the property

if they play silly !!!!!!s....

or if they insist that its yours, suggest you dont really want a fence anyway, take it all down and leave it open saying you'll plant a few trees that will be high in a good few years.

they may opt to help pay for the fence then ;-)

or leave it down if you can live with that and you may find they put a new fence up in the end themselves

The only way it would be the OPs fence is if they paid 100%, any split payment would still be a shared fence .

Dan-Dan

I think the problem with paying for it yourself is (if it really `shouldnt` be your responsibility) you set a precedent , you will find you will need to be replacing every broken panel from now till the end of time

diable

I always thought the fence to the North and to the East of your property was your responsibility, you could tell years back before panel fences as the "ugly" side was in your garden and the "nice" side went towards your neighbours that was your fence.