fencing on boundary

missytake

Long story short.. I paid for gardeb fencing when I moved into my house. . Solicitor said all neighbours jointly responsible but neighbours both side and bottom, refused to pay twds it. So I have been maintaning it, replacing and repairing panels. All neighbours have had maximum privacy for 30 years at no cost to them. Fence panel blew out before Christmas and neighbour said they will sort it. They did, by putting the panel back into my garden. I have decided I am not going to maintain the fence anymore, as panels fall or blow out I will discard them, leaving them, and me, with no privacy. Can the neighbours insist that I keep renewing the fence panels or can I let this fence now die a death and stop draining my purse.. approx. £3000 in 30years, incl installation. Nobody has helped me pay, maintain or install new fence panels. Me (nearly 60) and my 80 year old mother usually get up the ladders to slot the panels in, but I don't want to do this anymore. Am I legally obliged to have a fence at the boundary? The garden in 150ft long and 40ft wide so it has been quite a feat to maintain it on my own since being widowed 21 years ago. Nobody even offers to help slot the panels back in if they blow out.

glasgowdan

You don't need to do anything, just forget about it. Maybe the neighbours will pick up on repairs, maybe not, but if it doesn't bother you then you've no problem.

moneyistooshorttomention

The only legal obligation I'm aware of is that anyone owning a dog has the responsibility to keep their garden fenced/walled/etc in order to stop their dog getting into other peoples gardens.

If you don't have a dog - then it's up to you and you could just mark your boundary by (literally) a piece of string between two posts for instance.

I admit to astonishment that you've got up on a ladder and slotted fence panels in between posts yourself. I'm too safety-conscious to do that myself and paid someone else to do that for me (translation = take the risk for me....yep....I know...). Any neighbour expecting me personally to do it would have soon been asked if they were covered by insurance for any accident I had in doing that - just in case. If I couldn't have afforded to pay for it - then I wouldn't have done it and would have just left the job until I could.

Chrishazle

Look at the deeds to your property, you should find little T marks along the boundaries showing who is responsible for fences. If the T is on your side, it's your responsibility, if it's on their side it's their responsibility. I have this for my house, 2 of the 3 boundaries are mine but the 3rd is the neighbours!

Aylesbury_Duck

Chrishazle wrote: »

Look at the deeds to your property, you should find little T marks along the boundaries showing who is responsible for fences. If the T is on your side, it's your responsibility, if it's on their side it's their responsibility. I have this for my house, 2 of the 3 boundaries are mine but the 3rd is the neighbours!

Not true. The T marks show who is responsible for maintaining a boundary, not purchasing, erecting or maintaining fences. As a previous poster said, you could mark the boundary with sticks and string if you wanted to. The exception would be if you owned a dog or if the legal documents when you bought the house state that you must maintain a fence.

Davesnave

Chrishazle wrote: »

Look at the deeds to your property, you should find little T marks .....

T marks are frequently missing, so don't strain your eyes looking for them, especially as the boundary can be marked by whatever you wish to mark it with, like a line of concrete posts with blown-down fence panels!

However, think on. If you are 60, you may wish to down-size in the future, when well-maintained fences will probably be worth a significant amount, both to those viewing the property and to you. £3k over 30 years is reasonable expenditure for a garden of substance, like yours.

Mojisola

moneyistooshorttomention wrote: »

The only legal obligation I'm aware of is that anyone owning a dog has the responsibility to keep their garden fenced/walled/etc in order to stop their dog getting into other peoples gardens.

Even dog owners aren't legally obliged to fence the boundary.

All that's required is that the dog isn't allowed to stray - that could be done by good training or restricting the dog with a rope or chain.

moneyistooshorttomention

Aylesbury_Duck wrote: »

Not true. The T marks show who is responsible for maintaining a boundary, not purchasing, erecting or maintaining fences. As a previous poster said, you could mark the boundary with sticks and string if you wanted to. The exception would be if you owned a dog or if the legal documents when you bought the house state that you must maintain a fence.

I believe that anything down there in the legal documents re necessity to maintain a fence would probably only apply to the first owner of the house and wouldn't continue on to subsequent owners?

Perhaps others can clarify on this.

Mojisola

moneyistooshorttomention wrote: »

I believe that anything down there in the legal documents re necessity to maintain a fence would probably only apply to the first owner of the house and wouldn't continue on to subsequent owners?

Perhaps others can clarify on this.

On our deeds, the maintenance of the fence applies to all subsequent owners as well. In our case, there is an obligation to provide a fence (and the height and the fact that it must be stock-proof are specified) - in many cases, the T mark only shows the ownership of the boundary, as Aylesbury Duck said.

millie

We are in the same position as the OP. We put the fences up on both side of our garden 35 years ago and maintained them ever since, Replacing broken posts and fence panels over the years. We are now well into our 70s and have no intention of moving so we are doing the same. 2 panels came down 2 days before xmas and we are leaving it as it is. The neighbours have never contributed a penny or offered any help in doing the work, they are elderly and never go into the garden anyway so does not affect our privacy. Their house will probably become vacant before ours so if the relatives want to sell it they can pay for it and get the work done,

Davesnave

millie wrote: »

Their house will probably become vacant before ours so if the relatives want to sell it they can pay for it and get the work done,

Possible, but very unlikely. Probate-type houses usually have issues rather more fundamental than broken fences, and they tend to be sold accordingly.