Damaged fence

Minihauk

Hello All,

I am sure this will have been asked before, but a search brings up nothing.

Storm Doris damaged the fence on the boundary with my new neighbours. My deeds show that it is their responsibility (mine is on the right hand side as I look out the back door and they live on the left hand side). They have only lived here for nine months, the previous owner was here for over 40 years.

I have asked them to repair it, and shown them a photo of my deeds showing that my responsibility is for the other fence, but they say they have called the local council who told them that I was responsible for repairing it. This clearly is not shown on my deeds and I have emailed the council to request clarification.

Does anyone have an experience with this please? I am hoping to put the house up for sale very soon, so would like the garden to be safe and secure, and if necessary will arrange for the repairs but obviously would prefer not to have to spend if unnecessary.

Thank you.

victor2

Those responsible, as shown on the deeds, have to do no more than tie a piece of string along the boundary. You can't force them to put a fence up, but if you want to make it look good, try negotiating with them for you to do it and them to contribute something towards the cost.

Aylesbury_Duck

victor2 wrote: »

Those responsible, as shown on the deeds, have to do no more than tie a piece of string along the boundary. You can't force them to put a fence up, but if you want to make it look good, try negotiating with them for you to do it and them to contribute something towards the cost.

Exactly. Unless the deeds specifically say there is a responsibility for erecting and maintaining a fence, the only thing the owner responsible for the boundary has to do is mark the boundary. If they have a dog, they do need to ensure the boundary is properly secured though.

Always best to come to a mutual agreement on style, size, etc. and share the cost. Then you both get what you want and future repairs can be shared (although you're moving).

societys_child

Or, put your own fence up on your own side of the boundary.

they say they have called the local council who told them that I was responsible for repairing it

I don't believe they've contacted the council, sounds like a load of cobblers.

Minihauk

Thanks for the replies. They had repaired the fence once after moving in but seem to be ignoring it now. I'll try to speak to them again and come to an agreement.

Mojisola

Minihauk wrote: »

I am hoping to put the house up for sale very soon, so would like the garden to be safe and secure, and if necessary will arrange for the repairs but obviously would prefer not to have to spend if unnecessary.

You might get them to share the cost of a new fence but it's usually the person who wants it more who ends up paying - in this case, you.

Annie1960

The council has no involvement in commenting on who has responsibility for repairing a fence.

If you want to check their deeds, you can do this on the Land Registry website for a fee of about £3 or so. You can then see for yourself what their deeds say.

Dan-Dan

Are your neighbours council tenants?

Minihauk

Dan-Dan wrote: »

Are your neighbours council tenants?

No, they bought the house last summer.

Update - I got a reply from the council saying that they do not hold records. I told the neighbours. They said they had checked but don't know who they spoke to, and they have spoken to three builders who all state they are not responsible. They said they have spent too much money doing the house up as it was in bad repair and they have no money to repair the fence. If I want it done, I have to pay. They will sort it as and when they can.

So the outcome is that I will have to erect panels in my garden in line with the boundary fence.

Thank you all for your input.

getmore4less

if you stick up another fence and the current broken one is still there then any potential buyer may suspect there is an issue over the boundary.

Just fix the existing fence, repair or new panels and posts if needed.

go round all your boundaries and freshen up with the same fence coating.

redlady_1

We have put up two fences either side of our house on the boundary as we have a dog and want to keep it safe. The side that isnt ours is defined by a shed load of foliage and the old lady there has no interest in going halves to have a proper boundary. It has cost us more and there is no dispute but at least our dog is safe and we have our privacy. There were however, no fences either side to start with