Fence issue

LUSK

Between my garden and the field next door to me is a wire fence which has rotten and requires replacement.

The issue is that my dog keeps getting through the field and I am concerned she will get lost. The field is owned by a man who in turn rents it out to somebody who keeps their horses on there. I have spoken to the land owner and he is telling me that neither he or the lady are prepared to replace the fence because the horses are not getting out. The fact that my dog is getting out means that it is down to me to sort.

In the event of the boundary fence being owned by the land owner, am I being unreasonable in requesting the fence is replaced? Just because the horse has not got through doesn't mean that it wont, surely? What is the legal position here, please?

usefulmale

If you want to keep YOUR dog on YOUR land, YOU have to put up a fence on YOUR land.

martinthebandit

usefulmale wrote: »

If you want to keep YOUR dog on YOUR land, YOU have to put up a fence on YOUR land.

Is the right answer and, if your dog is getting into the field and worrying the horses you (and your dog) could potentially get in a lot of trouble.

http://naturenet.net/law/dogs.html

tiz

It's your responsibility to keep your dog contained in your garden, not your neighbours responsibility to fence your dog out of theirs.

Keep in mind a fence perfectly adequate for horses e.g. posts and rails is unlikely to contain a dog, as they much smaller. They have obsoletely no obligation to erect a fence that does contain your dog.

You might be able to agree with your neighbours to share the cost of a replacement fence, or for them to contribute something towards you replacing it if they receive some benefit. For example, if it's likely the fence will shortly also stop containing the horses they may consider paying half of the cost of new posts and rails, and then you could also add wire mesh over.

Doozergirl

That person owns the fence, not the responsibility to keep your dog in. You are perfectly entitled to put your own fence next to theirs.

LUSK

usefulmale wrote: »

If you want to keep YOUR dog on YOUR land, YOU have to put up a fence on YOUR land.

Even if the fence belongs to the land owner and is in poor state of repair and requires replacement?

usefulmale

LUSK wrote: »

Even if the fence belongs to the land owner and is in poor state of repair and requires replacement?

If you want to keep YOUR dog on YOUR land, YOU have to put up a fence on YOUR land.

comeandgo

Can't you teach your dog to stay in the garden? My neighbours have no fences, their dogs rarely stray.

EssexExile

Check your deeds, mine say I have to keep a stock proof fence between me & the adjacent fields. Of course there haven't been any adjacent fields for decades.

stator

LUSK wrote: »

Even if the fence belongs to the land owner and is in poor state of repair and requires replacement?

Yes, there is no legal obligation for anyone to maintain a fence unless the deeds specifically state that a fence must be maintained for a specific purpose.

But virtually no-one has conditions in their deeds that mention keeping a fencing maintained. The deeds may mention who owns the fence, but that doesn't mean they have to maintain it to your standards.

So it's up to you to put up your own fence on your part of the boundary.

Aylesbury_Duck

LUSK wrote: »

Even if the fence belongs to the land owner and is in poor state of repair and requires replacement?

So if your neighbour took exception to the state of say, the paintwork on your outside wall that faced their garden, you'd immediately repaint it at your expense to make them happy? Of course you wouldn't, you would get round to it if and when you wanted to do it.

As others have said, the state of your neighbour's fence is none of your business. If you want a secure boundary, you are at liberty to pay for one on your own land.