Housing Assosiation doesn't want to repair their fence betwen our gardens

kesi10032003

Hi
I'm wondering if anyone could advise. I've recently moved house (private owner) and the fence which belongs to next door neighbour and exactly to Housing association it's damaged and dangerous for my 6 years old son with special needs. I’ve raised a call out few months ago and have been told it will take up to 31st July to repair it. Time passed by and nothing has been done. I’ve e-mailed the again and have been told the job has been cancelled as they were refused access by the tenant. Do I have any legal right to demand the fence to be repair or should I let it go and put one on my possession next to the broken one? Many thanks in advance.:o

phoenix_w

Four billion threads on here about fence issues like this... In summary proving ownership of a fence is hard enough in most cases, and even if you prove ownership there is no requirement for people to have fences nor keep them in good order.

Since the tenant refused access it sounds like the HA would be prepared to fix it, so try talking to your neighbour. If that doesn't work erecting your own fence would be the only way forward here, unfortunately.

WestonDave

In terms of maintaining a secure fence - no they don't have any obligation to do so unless there is a covenant in the property deeds that requires that - these are relatively rare so I suggest you don't bother looking for one.


You could suggest they gain access from your property to remove any dangerous broken parts that might injure your son - on the basis that this might avoid them receiving a claim for injury damages in the future, but I suspect they won't use that route to actually repair the fence. That leaves you putting something within your property to secure the boundary if that is what you want.

Gordon_Hose

Erect your own fence, then you won't have the issue in the future.

martinsurrey

kesi10032003 wrote: »

Hi
I'm wondering if anyone could advise. I've recently moved house (private owner) and the fence which belongs to next door neighbour and exactly to Housing association it's damaged and dangerous for my 6 years old son with special needs. I’ve raised a call out few months ago and have been told it will take up to 31st July to repair it. Time passed by and nothing has been done. I’ve e-mailed the again and have been told the job has been cancelled as they were refused access by the tenant. Do I have any legal right to demand the fence to be repair or should I let it go and put one on my possession next to the broken one? Many thanks in advance.:o

as other have said, no legal responsibility for the HA to do anything

HOWEVER, they seem willing, and as a compromise you could say they can do the work from your side... win win.