Responsibility for fence repair

Patsy80

Hi, don't know if anyone here can help, but here's hoping!

I own a purpose built, ground floor, flat which looks out onto communal grounds. Behind, and to the side of my flat, is a small garden which is separated from the grounds by a wooden fence (not usable by, or accessible to, me). Unfortunately, this fence, which was dilapidated anyway, has been virtually destroyed by the recent bad weather and now needs repairing. The lady who owns the flat with the fence came to my door today to say that the management company for the flats are refusing to foot the bill for the repair to the fence and are saying that it is her responsibility. She also hinted that I might like to share responsibility for the bill! (I realise that shared payment for repair to fences is commonplace where a house is involved and I have coughed up in the past when I lived in my house). I would probably do so again if push comes to shove as a gesture of good will (although I feel that, as this is a three story development, the owners of the flats above both my and the lady's flat should share responsibility for the cost if this argument is applied). However, I really do not see how a management company can say that they have no responsibility for something like this, as it is a feature of the development. It is of no benefit to me whatsoever, and does not afford my neighbour any real privacy (three gas meters are located in 'her' garden!) A major factor in my decision to move here was so that I would no longer have to worry about expensive repairs and it worries me that we might have to fund expensive repairs in future (as individuals and not from the funds from our monthly service charge). Has anyone got any thoughts on this?

AnnieO1234

If you want a fence, buy it yourself and situate it wholly on your land.

If you're not bothered, let the management company sort whatever they want themselves.

Don't get into a he agreed, she agreed thing with a company that obviously doing give a fig about their property. There is no automatic right to fencing and they could just as easily leave it, providing it didn't have the potential to do harm, or remove it and not replace.

Xxx

cattie

Fences are not usually part & parcel of service/maintenance charge costs. Building insurance will not cover fences, hence your MA's refusing to foot the bill.

Legally there is no requirement for any homeowner to put up or replace a fence that separates gardens, so those of you who would like a repair or a whole new fence put up will need to work it out between you as to who is going to pay for this to be done.

aj14

Which sides of the fence are the fence posts on?

They may not have a legal responsibility to replace, but if the fence is damaged to the point where it becomes unsafe, i.e. nails sticking out, sharp pieces of wood etc then I'd of thought that there is a health and safety issue and they should have to deal with that.

rob404uk

Have a look at the paperwork when you purchased your flat. I know that the dense panels to the left of my garden are my responsibility.

Land_Registry

Patsy80 - our online guidance may offer some assistance with understanding some of the issues which can arise re boundaries and such matters
A wide variety of information can come into play when considering who is responsible for what but even with such information a solution is often only arrived at if neighbours agree or in some cases one side is proactive and the other simply allows them 'to get on with it'.

The old adage that it is always the left side or the side which have the posts etc do not in our experience have any basis in law.