who owns fence

worried123

Hi, I wonder whether anybody can answer a question for me regarding a neighbouring fence in our front gardens please.

I rent my little bungalow and it is next to a house where they own. The occupant has not lived there very long and i have never spoken to her. (seen her once as she was moving in and she blanked me when i said hello - so i jsut thought fine if thats how you want to be....and since that time she rarely leaves the house as i sense she works from home - so not a friendly approachable lady and certainly i dont want to knock on her door regarding the fence problem).

The fence in question is along her path right next to her front gate and nest to her front door and the other side of my garden......when i had a new fence they replaced the one that runs along my front path.

I cannot even say where the fence is with regard to my front door as my front door is at the side of the property and hers is at the front right by the offending fence. if i walk down my front path - the one they mended when i moved in is to my left right next to my front gate. Also teh panels and horrible bits of the offending fence areo n my side and the nice bit is her side.

when the old enighbour lived there....i always assumed and she spoke as if it was her fence.......when she died i wanted to paint my side of it but didnt as i felt sure it was her fence and i had no right to paint it.....

Sorry rambling...about two weeks ago teh offending fence started to come loose....6 foot panels....creaking adn banging......but she never attended to them.....let them carry on banging and creaking and coming into my garden......tonight one of the panels has come away completely and is lying flat on my grass....the otehr panels are banging and creaking and one has come into my garden and is crushing a large bush in my garden

obviously the fence needs to be replaced...its given up....on sunday i went out there to try my best to do a temporary patch up job...tryng to lift it back into place and hammer in if i could...i tried but there was nothing i could do......it was obvious what i was doing and i did attempt some banging but she never even came out ........to my knowledge she has done absolutely nothing regarding this fence.....not even tried to do a temporary repair ..its making almighty noises.......even though one panel has come right over into my garden....no attempts whatsoever are being made...if one of my fence panels...one that i knew was mine had gone over into a neighbours house i would go and pick it up..do all i could to stop the banging of panels - which are also crushing a bush.....i think its causing a lot of damage.....it could even hit my window.

is there a rule of thumb as to whose fence this is.....it is to the left of her front door as she looks out......i hope she isnt assuming its my responsibility and so leaving it.......she ahsnt even knocked on my door....nto everyone is the same and i dont get this.....

i know it will be on her deeds but is tehre a rule fo thumb that says whose fence it is....surely if its right by her front path and by her front door it must be hers and when i ahd the front fence replaced they replaced the one by my path....

any thoughts.....thank you...

aliby21

contact your landlord. get him/her to sort it out

missile

There is no rule, some claim the owner has posts on their side but that is not universally accepted. You might have some reference in the title deeds. However as you "rent" it is the landlords responsibility to resolve the issue with your neighbour.
Your LL should agree with your neighbour who arranges and pays for the fence repaired or replaced.

jackomdj

Also there is no law to say there has to be a fence, so if it is hers she does not have to replace it (unless she has pets that need to be kept secure)

worried123

jackomdj wrote: »

Also there is no law to say there has to be a fence, so if it is hers she does not have to replace it (unless she has pets that need to be kept secure)

however, if it `is` her fence you wonder why she would leave it lying in my garden and banging making an almighty noise that half the street must hear...its banging into a concrete thing in her garden as well..

worried123

aliby21 wrote: »

contact your landlord. get him/her to sort it out

thank you - i shall do this.

worried123

missile wrote: »

There is no rule, some claim the owner has posts on their side but that is not universally accepted. You might have some reference in the title deeds. However as you "rent" it is the landlords responsibility to resolve the issue with your neighbour.
Your LL should agree with your neighbour who arranges and pays for the fence repaired or replaced.

many thanks - i am now worried that it may actually be `my` responsibility as she si ignoring the severity of the situation so completely...tonight its windy and its making an almighty noise....also concerned because i rent from a housing association and despite doing so i have spent a lot of my own money refurbishing the place...and i think their rules of what they do and dont repair ahve changed recently and it may not include fences......such fun to work hard to shell out maintaining their property.

thanks again.

missile

worried123 wrote: »

many thanks - i am now worried that it may actually be `my` responsibility as she si ignoring the severity of the situation so completely...tonight its windy and its making an almighty noise....also concerned because i rent from a housing association and despite doing so i have spent a lot of my own money refurbishing the place...and i think their rules of what they do and dont repair ahve changed recently and it may not include fences......such fun to work hard to shell out maintaining their property.

thanks again.

Don't get stressed out over a fence. If LL will not help and you feel unable to approach the neighbour, you could take the fence down or repair / replace at you cost.

worried123

Thank you....i agree....not worth being stressed out about..thank you.