Fence issue

Mojisola

LUSK wrote: »

We didn't discuss that because when the fence has been repaired, the problem will be rectified.

A post and rail fence will keep the boundary secure but may not keep your dog in the garden.

Davesnave

LUSK wrote: »

We didn't discuss that because when the fence has been repaired, the problem will be rectified.

Odd that you seem to have avoided asking about your own responsibilities, when so many of us had explained them and you'd denied their relevance.

What a wasted visit!

[Deleted User]

LUSK wrote: »

We didn't discuss that because when the fence has been repaired, the problem will be rectified.

As the owner and the lady who rents the field are not prepared to repair the fence (as you mentioned in your opening post) I am not sure how you think the problem will be rectified.

Do you know that farmer's can shoot dogs that are worrying livestock? I don't think this would be the case for a horse, but what if the dog strays further into a field with sheep?

Even if the farmer does repair the fence you might end up with post and rail, or an electric tape fence. This would be classed as keeping the boundary secure - after all the horses are not straying into your garden are they?

Your dog, your responsibility and your attitude that you are going to make the farmer (or horse owner) fix the fence is not going to help you make friends with your neighbours is it?

[Deleted User]

stator wrote: »

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.

It is odd to have this clause. Unusually, our next door neighbours have this in their deeds.

The land next to our house was sold off before we bought our house and a new house was built on the land. They have to keep a fence between our properties, but it does not state what type of fence - they can built whatever fence they like including one with big, dog-sized holes in it if they like.

J_B

LUSK wrote: »

Thanks for the assistance all. Having pulled the deeds, the solicitor has confirmed that it is the responsibility of the farmer to ensure the boundary is secure. As a goodwill gesture, I am prepared to contribute towards half the cost.

Surely as far as the farmer is concerned, the boundary IS secure as it is keeping his livestock contained as required to do.

peachyprice

LUSK wrote: »

Thanks for the assistance all. Having pulled the deeds, the solicitor has confirmed that it is the responsibility of the farmer to ensure the boundary is secure. As a goodwill gesture, I am prepared to contribute towards half the cost.

Oh for goodness sake, how many times.

The farmer only has to ensure the boundary is secure enough to prevent HIS livestock from entering your land, he is not responsible for ensuring the boundary is secure enough to prevent YOUR dog escaping from your garden.

If this 'solicitor' has lead you to believe otherwise you have wasted your money.

Davesnave

peachyprice wrote: »

If this 'solicitor' has lead you to believe otherwise you have wasted your money.

At present, I don't believe there is a solicitor involved.

OP has also not shared the section in their deeds which supports what they are saying.

Aylesbury_Duck

I think this 'solicitor visit' is less about securing the boundary and more about securing the OP's position on here...

ukjoel

Our deeds (which I havent read in 10 years but remember due to the obscurity) state that we must maintain the fence and requires it to be black Japanese larch (or possibly Japanese black larch).

We are replacing at the moment and its not going to be with Japanese black larch.....

Whats there at the moment and falling down (after at least 10 years) isnt larch so am not sure how enforceable the 60 year old deed is. I suspect the whole street has the same deeds and have checked and not a black Japanese larch in sight.

cranford

With junior solicitors charging £100 per hour and more senior ones costing £200 would it have been more cost effective to put up a cheap chain link fence on your land?
Now when I had a rottweiler I put up an additional strong fence all round my garden, I did not expect my neighbours to contribute.