Garden Fence Rules?

Plantation7

The fence between me and my Council neighbor has been lying on the floor for the last five years, this is because they refused to go 50x50 on price to get a new fence, in the past me and my neighbours have always shared the cost but not this time.
The local council came out and told us they will pay £16 towards the £895 total cost but no more.
I have never seen this sort of situation before over a fence, the neighbours are friendly enough but they are on benefits and told me they just can't afford half of the cost.
Do i have any rights here, i've never known anything like this before but i was told the council would replace the fence if the tenants ever move out.:(

elsien

Whose fence is it, do you know?
In my garden, the fence on one side is my responsibility and the one on the other side is my neighbours. I don't split the cost with either side.
Even if it is their fence there is no obligation on them to replace so if it's bothering you that much then you may have to pay to do it yourself.

Have a read of this.
http://www.alhughes.co.uk/Whose%20fence%20is%20it%20-%20a%20guide%20to%20avoiding%20boundary%20disputes.pdf

Davesnave

You almost certainly have no rights to expect the council to replace the fence. They may have once done this, but times have changed.

A boundary may be marked with anything; even bamboo poles and thick string if it's their fence and their job to mark it.

There's nothing stopping you erecting a fence of your own just short of the boundary.

sevenhills

You can do what you want on your own land ie put up a fence; but you cannot force anyone elese to.
You could have grown a nice hedge in the 5 years you have been waiting. But that would bring complications too.
I cut the hedge between my house and my neighbours today, I cut my side and their side.

Plantation7

elsien wrote: »

Whose fence is it, do you know?
In my garden, the fence on one side is my responsibility and the one on the other side is my neighbours. I don't split the cost with either side.
Even if it is their fence there is no obligation on them to replace so if it's bothering you that much then you may have to pay to do it yourself.

Have a read of this.
http://www.alhughes.co.uk/Whose%20fence%20is%20it%20-%20a%20guide%20to%20avoiding%20boundary%20disputes.pdf

In the old days it would be their fence as we were told to maintain the fence on the left hand side and have done for years, we have never had to pay anything towards their fence in the past but until now all the previous neighbours have paid a share each.

Plantation7

sevenhills wrote: »

You can do what you want on your own land ie put up a fence; but you cannot force anyone elese to.
You could have grown a nice hedge in the 5 years you have been waiting. But that would bring complications too.
I cut the hedge between my house and my neighbours today, I cut my side and their side.

A rambling blackberry bush did form a hedge but they have cut all of it down and they can now walk straight into my garden.

Plantation7

Davesnave wrote: »

You almost certainly have no rights to expect the council to replace the fence. They may have once done this, but times have changed.

A boundary may be marked with anything; even bamboo poles and thick string if it's their fence and their job to mark it.

There's nothing stopping you erecting a fence of your own just short of the boundary.

I feared this as the Council Inspector told me about the £16 rule!

PasturesNew

Just stick your own fence up... if it's "your fence" then you've done the job, if it's "their fence" then you needn't concern yourself with what they do.

You can put up some quite cheap combinations of fencing/bushes that'll do the job better than it's currently being done.

Only by reading both sets of deeds will you fully know whose fence it might be and who has an obligation - but even this doesn't "magic money out of thin air" if it's not your fence/responsibility.

I'd probably sink two concrete posts, put 6' high wide chicken wire fencing between them, then grow a prickly bush on my side. Job done, minimal effort. Solid as a rock, it also won't get blown down in the wind.

Plantation7

The most annoying thing about this is as my neighbours are registered as disabled there are local schemes to help with fence erecting and garden work etc but they don't bother applying for it, they claim they just have no interest in the fence and are waiting to get a bungalow as the Woman despite having a stair lift can't make it up the stairs.
I doubt they will get the move because the housing in this area as with most Councils is massively over subscribed.

Plantation7

PasturesNew wrote: »

Just stick your own fence up... if it's "your fence" then you've done the job, if it's "their fence" then you needn't concern yourself with what they do.

You can put up some quite cheap combinations of fencing/bushes that'll do the job better than it's currently being done.

Only by reading both sets of deeds will you fully know whose fence it might be and who has an obligation - but even this doesn't "magic money out of thin air" if it's not your fence/responsibility.

I'd probably sink two concrete posts, put 6' high wide chicken wire fencing between them, then grow a prickly bush on my side. Job done, minimal effort. Solid as a rock, it also won't get blown down in the wind.

Might try something like that as if i pay for a new fence i get the feeling their children will start kicking the football at it anyway.

PasturesNew

Plantation7 wrote: »

Might try something like that as if i pay for a new fence i get the feeling their children will start kicking the football at it anyway.

Ah, kids. Pyracantha bushes.... ftw. And a bit of "no climb" wire http://www.redbrand.com/Products/HorseFence/Non-Climb.aspx