Neighbour not replacing fence

jmhgibson123

wow getting a lot of grief for having a lazy neighbour and a dog!! unfortunately there is no legal obligation ..i also have a lazy neighbour when it comes to fences!! personally i would find some horrid eyesore bit of wood and patch it up til he gets bored looking at it and gives in and pays his way. good luck

aallank

just sitting here wondering whats the point in having deeds of convent about whos fence is who's as there's no legal obligation to repair/replace :-/

System

Do the deeds mention boundary or fence? It is normally boundary. So all he has to do is use some sort of marker to clearly indicate where the boundary is, nothing more.

The big problem is that if it mentions maintain a fence then that would appear to be a positive covenant as it involves an ongoing cost. As such it only normally applies to the original purchaser and does not pass with the land.

What do his deeds actually say? (not a paraphrase). Or assuming that the deeds will be similar, what do your deeds about the boundary for your side?

force_ten

www.boundary-problems.co.uk/fencesl

have a look at that site and will explain where you stand re a boundary fence

cyclonebri1

There is absolutely no requirements for your neighbour to have or maintain a fence.
It is an absolute responsibility that as a dog owner you keep your dog inside the boundaries, regardless of boundary ownership.

Bang in a few fence stakes and wiremesh it. Position it your side of the boundary, it's the only thing you can do apart from telling him you are going to plant 25ft conifers he doesn't get it fixed.

The issue of boundary ownership on your deeds purely indicates the position and ownership of the existing dividing line. It could be fence or hedging on the owners side up to an exact line. There is nothing to stop anyone from putting up a different or taller fence/hedge parallel with it, or indeed removing it.

You have to accept it whether you like it or not, just don't shoot the messenger, we're trying to help, you wouldn't want the wrong answers would you?

Norman_Castle

aallank wrote: »

just sitting here wondering whats the point in having deeds of convent about whos fence is who's as there's no legal obligation to repair/replace :-/

There's no obligation for your neighbour to have a dog proof fence. You need to prevent your dog from leaving your garden. If his children bother you speak to them or your neighbour.

If the fence posts are secure chain link fencing may be a solution.

http://www.screwfix.com/p/apollo-50mm-plastic-coated-chain-link-fencing-1-2-x-10m/52027

http://www.screwfix.com/p/barrier-fencing-green-50-x-1m/1096f

Biggles

aallank wrote: »

i came on to ask for advice as to whether there was a legal requirement for him to replace his fence that has been damaged to stop his children <snip> coming into my garden and to stop my dogs going into his.

You did come on to ask that. And you have been told, firmly, that the answer is 'No'. Yet you refuse to accept it. Try going elsewhere and asking, then, maybe you'll get an answer that you like.

aallank

I haven't refused to accept, i understand thats the law (after being told in a not so polite way by some) just don't agree that its fair, but if we all agreed it would be a very boring world.

cyclonebri1

No one said it was fair or unfair, personal opinion doesn't matter in this case, it's as it is I'm afraid.

Put the boot on the other foot;

Your boundary fence is a state of disrepair, but you have just scraped together enough money to replace the aged boiler that's failed.
Next door get a dog and the law allows them to insist you repair that fence immediately to keep in their dog. Now that would be unfair.

bryanb

aallank wrote: »

I haven't refused to accept, i understand thats the law (after being told in a not so polite way by some) just don't agree that its fair, but if we all agreed it would be a very boring world.

There is no requirement to agree with the law. We just have to comply with it.