How to find out who is responsible for a fence

System

Running_Horse wrote: »

There is no legal responsibility to replace any fence, unless there is some kind of covenant. You can choose to have nothing there at all.

And even if there us a covenant then it will be a positive one and only binding on the original parties

edwink

Counting_Pennies wrote: »

I am happy to pay halves but as the fence has not fallen down (damage was done to it when he did renovations to his garden) I am not prepared to pay for it all unless there is complete proof it is mine

So he has damaged the fence and says it is yours. You should now say that as the fence is yours and he has damaged it he will be required to pay for the repairs.


Or am I missing something here?

getmore4less

If you do decide you would like new fence, think carefully about what color you will be painting their side reminding them it is your fence so they can't repaint it.

Elfbert

If he wants there to be a nice new fence for him to look at he needs to erect one (on his side of the boundary - he can't nick a bit of your garden! But obviously the sensible thing would be to erect it exactly where the current one is, as you've both been living with that arrangement.) If you want a nice new fence to look at, you can put on up.

You can have a fence each, if you wanted, squashed against each other, back-to-back! Or as other posters said, none at all...

jrtfan

I've always thought the rule of thumb was that the owner of the fence gets to look at the side with all the batons, and the 'attractive' side faces onto the neighbour's garden. But we have the baton face on both sides of our garden because our neighbours wanted the 'attractive' part of their own fence to themselves! So the rule of thumb might not always follow and I suppose in that case, you'd have to return to your deeds for an answer - or maybe enquire with your Council if there is any bye-law in place which dictates which fence residents are responsible for maintaining?

Mojisola

jrtfan wrote: »

I've always thought the rule of thumb was that the owner of the fence gets to look at the side with all the batons, and the 'attractive' side faces onto the neighbour's garden.

Another myth. The person who pays for the fence decides which way round it goes.

peachyprice

Mojisola wrote: »

Another myth. The person who pays for the fence decides which way round it goes.

And why would you want to pay out for a nice new fence and give the benefit of the 'pretty' side to a neighbour for free?

sammyjammy

I live in a terrace and all boundary responsibilities are shared. On one side there was a hedge, the hedge was mine because it was grown on my land. on the other side their house and garden is built about six feet above mine hence a very large brick wall separates our gardens, again shared boundary however the wall is essential to both of us else their garden would slide into mine!

As has been said if OP is happy with the existing fence just leave it. If neigbour wants a new fence he can build one up against it on his side. Then OP can take his down

martinthebandit

peachyprice wrote: »

And why would you want to pay out for a nice new fence and give the benefit of the 'pretty' side to a neighbour for free?

Because it's good manners.

GlasweJen

Surely this is all irrelevant as your neighbour damaged the fence so it would be up to him to fix it. If his contractors broke it then he should be claiming for them to pay for the repairs.