Fence blown down who pays?

globalds

silkyuk9 wrote: »

it was very windy last night, I think the issue was we got a fencer to put up what needed repairing, looking back we should have changed a joist that hadnt fallen down last year as this seems to have snapped at the bottom, obviously weak through the years. That has snapped and brought down 2 panels but those are unrepairable. Maybe a lesson learned spend a few extra quid last year and might have saved the fence in the long run.

Unfortunately I think you have found your answer :

Get the job done right this time and your neighbour might feel guilty when the work starts to replace the broken parts and share the cost with you.

penguine

Normally you're responsible for the fence on one side and your neighbours are responsible for the other side. When we bought our house our neighbours told us that it was always the fence on the right, but that isn't correct because in our previous house our landlords were responsible for the fence on the left side. Your solicitors may have asked this question of your sellers during conveyancing so if you still have the paperwork that's the place to look. Our purchase was a probate sale and so the sellers who were children of the deceased owner didn't know.

One clue is that if the nicer side of the fence is facing your garden then your neighbour is probably responsible for that fence, because traditionally you show your neighbour the best side of the fence. So for example if the side with wood cross-pieces faces towards your garden then you're probably responsible for that fence.

Dan-Dan

penguine wrote: »

One clue is that if the nicer side of the fence is facing your garden then your neighbour is probably responsible for that fence, because traditionally you show your neighbour the best side of the fence. So for example if the side with wood cross-pieces faces towards your garden then you're probably responsible for that fence.

Except if you have neighbours like we do , who faced the fence nice way `in`

danm

Quite simply, the person who owns the fence is the person who paid for it!

Unless you are in a relatviely new build, what the land registry will tell you is who is responsible for the boundary (not the fence)...and without certain covenants there may not even be a requirement for a fence to be errected.

If the neighbour is saying you own the fence, then check if they have anything leaning on it, growing up it, or have painted it...then kindly ask then to remove it from and make good your property and remind them that that must not touch it !!

...actually don't.... legally you could...but for the sake of it I would be the bigger man and let sleeping dogs lie

DRP

penguine wrote: »

Normally you're responsible for the fence on one side and your neighbours are responsible for the other side. When we bought our house our neighbours told us that it was always the fence on the right, but that isn't correct because in our previous house our landlords were responsible for the fence on the left side. Your solicitors may have asked this question of your sellers during conveyancing so if you still have the paperwork that's the place to look. Our purchase was a probate sale and so the sellers who were children of the deceased owner didn't know.

One clue is that if the nicer side of the fence is facing your garden then your neighbour is probably responsible for that fence, because traditionally you show your neighbour the best side of the fence. So for example if the side with wood cross-pieces faces towards your garden then you're probably responsible for that fence.

Perhaps this convention may be more prevalent in certain parts of the country - certainly not experienced it in the SW/Wales. I've never lived in a house where the neighbour has faced the nice side towards us...


Regarding the ownership/rights/responsibilities, I would suggest coming to an agreement with the neighbour or just doing it yourself. No one can be forced to repair or replace 'their' fence or boundary marker.

macman

As above, the owner pays, but is under no obligation to maintain or provide any form of fencing on their own property.

chrisw

Dan-Dan wrote: »

Except if you have neighbours like we do , who faced the fence nice way `in`

I did this - I figured if I'm paying then I get to choose which way round it goes. :beer:

Dan-Dan

chrisw wrote: »

I did this - I figured if I'm paying then I get to choose which way round it goes. :beer:

easier for a burglar to scale your fence

27col

Dan-Dan wrote: »

easier for a burglar to scale your fence

A 6ft fence is hardly likely to deter any self respecting burglar. regardless of which way round it is.
If a fence blows down then the only person to have to pay for its repair is the one who doesn't like it being broken. If you can get the other party to agree to share the cost then great. If you can't, then you pay, if you want it repaired. Otherwise, just leave it on the ground.
No-one is under any legal requirement to fix it. The person responsible for the boundary has only to mark the boundary with a couple of stakes and possibly a bit of wire. He has no more duty than that.

Seronera

If you live in a terrace of four houses why not just ask the other three....or other two in this case as you already know your neighbours opinion. Also ask the Land Registry if their map gives any information about which fence is your responsibility, or the developer if they still exist.

Its a bit of hassle, but worth knowing in view of how much it is winding you up.