rotting neighbours fence!

emzky

I'm not sure what to do about this but our neighbours fence seems to be rotting away and has become really weak and bowing. We've had to patch it up on numerous occasions where it's failed to do it's duty just to keep our dogs on our yard. Last night we had some really strong winds which, surprise surprise, damaged the fence even more. Hubby had to go out and screw bits back on before work so the dogs wouldn't get through. If we didn't have dogs I wouldn't be so worried. My only concern is they have recently had two rabbits and if our dogs get to them it might end up badly. What do we do? We can't afford to spend money on someone else's fence. But at the same time understand it is our responsibility to keep our dogs safe.

wallbash

it is our responsibility to keep our dogs safe.

And thats sums it up, you have dogs......you fix the fence.

We can't afford to spend money on someone else's fence.

But ......... you have the dogs. I think you already know the answer.
You have to find the money, if you want to keep the dogs.
The neighbor can let the fence fall down. Its NOT his problem .

DRP

sounds like the dogs are the issue, not the fence.

emzky

Well of course they can. I don't mind the dogs going for a wander on someone else's yard if they don't want to protect their garden or their animals. I don't see why we should pay a full amount to erect a brand new fence on their property .. But yeah. Thanks for the unhelpful advice

macman

There is no obligation to either have or maintain a fence.
Have you actually asked your neighbour to fix it though?
For 'unhelpful', read 'true but not what I wanted to hear'.
If you have dogs, it's your responsibility to restrain them in, not someone's else's to fence them out.

emzky

The dogs aren't the issue. The rotting fence is. Our dogs aren't damaging the fence. Our side of the fence is perfectly well maintained. They've let their side go to nothing. Surely if they want to keep their animals safe from our animals then its their responsibility to ensure the stability of their fence? How can we legally put a new fenc up on someone else's property.

DRP

As previously posted, there is nothing you can practically do to 'force' the neighbour to make the fence dog-proof.

It is in your interest to sort it as any damage caused by the dogs on the neighbour's property may well be interpreted as your responsibility.

macman

You can't. You simply put up your own fence within the boundary on your side. It can be almost touching as long as it's within the boundary.

SailorSam

But is it his fence ? We've seen threads about boundary fences so many times and who owns them, If everyone was fair, the thing to do would be to share the cost but, the if that's not going to happen you can only put up your own fence.

PDC

I'm surprised you are going onto your neighbours property and 'patching up' their fence. Some people would see that as trespass, even if you are doing so with the best intentions.

As stated there is no obligation for anyone to have pet proof fences(other than perhaps pet owners). As a pet owner it is normally your responsibility to see that they are kept under control and within your property.

Gordon_Hose

emzky wrote: »

Well of course they can. I don't mind the dogs going for a wander on someone else's yard if they don't want to protect their garden or their animals. I don't see why we should pay a full amount to erect a brand new fence on their property .. But yeah. Thanks for the unhelpful advice

The advice is correct. There's nothing to say a fence be erected at all. If you have dogs then ONLY YOU have the responsibility to ensure they are not getting at next doors rabbits.

How do you even know the fence is his? He may be responsible for the boundary as shown on the deeds, but that doesn't mean the fence is his. Whoever erects the fence owns it, regardless of boundary ownership.

Just put your own fence up, then it won't be an issue. It's not his responsibility to keep YOUR dogs out of his garden.