Who should pay for the fence repair?

Mishomeister

I remember tha that there is a law in the UK sayimng that you are responsible for a garden fence's on your righ repair. Fair enough.

But what if anything is different if the fence got damaged because of that neighbour on the right?

Basically there is a wooden fence between our gardens and the neighbours have raised the level of their garden meaning that the ground level at their side has raised about two wooden planks above mine.

These two planks have now rotten and the earth and small stones are falling thrugh in to my garden.

This includes them falling in to the sewage hole which is located next to the fence and is probably therre for the benefit of the both gardens.

So the quesion really is who is responsible for the repair of the fence?

[Deleted User]

whoever owns it and has to maintain that boundary look on your deeds 

[Deleted User]

It's not about the neighbour on the right.  It's about which boundary you are responsible for.

Check your deeds and find out who is responsible.  If you find it's you and you want to replace the fence, and you believe they have damaged your fence, then speak to them if you feel they should contribute.  

If they're responsible for the boundary, it's up to them if they want to replace it, leave it and put something else in.  It doesn't need to be a fence.

the_lunatic_is_in_my_head

Mishomeister said:

I remember tha that there is a law in the UK sayimng that you are responsible for a garden fence's on your righ repair. Fair enough.

But what if anything is different if the fence got damaged because of that neighbour on the right?

Basically there is a wooden fence between our gardens and the neighbours have raised the level of their garden meaning that the ground level at their side has raised about two wooden planks above mine.

These two planks have now rotten and the earth and small stones are falling thrugh in to my garden.

This includes them falling in to the sewage hole which is located next to the fence and is probably therre for the benefit of the both gardens.

So the quesion really is who is responsible for the repair of the fence?

That's a myth. Your deeds may indicate a responsibility to maintain a boundary but that doesn't have to be a fence (it could be some string on poles). 

Unless your neighbours deeds specifically require them to maintain the fence generally the fence belongs to whoever put it up originally and there wouldn't be a requirement to maintain. 

Unless they have raised their garden more than 30cm (my understanding is that for higher than this planning permission is required) then it falls under permitted development. 

Best bet is remove the fence, build a small retaining wall and put the fence back up again, unless your neighbours wish to contribute willingly it's unlikely you'll get far with this and the cost for doing the work DIY should be relatively low. 

Even if you put the fence up originally getting 'damages' from them is likely to be difficult and is also likely to be classed as a dispute which you'd be required to declare should you ever sell. 

Gastines3

Assumptions are a dangerous thing but I have always understood that from the front of the property the fence on your LEFT s your responsibility,unless deeds say otherwise ,and the posts should be on the side that you are responsible for.Often neighbours can agree to share costs but often this causes disputes which have to be mentioned in sale details.

J_B

Mishomeister said:

I remember tha that there is a law in the UK sayimng that you are responsible for a garden fence's on your righ repair.

Gastines3 said:

Assumptions are a dangerous thing but I have always understood that from the front of the property the fence on your LEFT s your responsibility

Suppose it depends which way you are facing .....   

photome

check your deeds, there is no  law about right or left ownership.

eddddy

Mishomeister said:

Basically there is a wooden fence between our gardens and the neighbours have raised the level of their garden meaning that the ground level at their side has raised about two wooden planks above mine.

These two planks have now rotten and the earth and small stones are falling thrugh in to my garden.

If somebody raises the level of their land, they have a duty to support that land to prevent it falling down on to their neighbour's land.

In legal terms, letting their earth, stones etc fall onto your land would be trespass.

If the fence belongs to the neighbours, I guess it's OK for them to use their fence to support their raised land, but they would have a duty to repair / maintain that support.

If the fence belongs to you, they shouldn't be relying on your fence to support their raised land.

So either way, it sounds like the neighbours need to do something to stop their garden falling into yours.

hollydays

eddddy said:

Mishomeister said:

Basically there is a wooden fence between our gardens and the neighbours have raised the level of their garden meaning that the ground level at their side has raised about two wooden planks above mine.

These two planks have now rotten and the earth and small stones are falling thrugh in to my garden.

If somebody raises the level of their land, they have a duty to support that land to prevent it falling down on to their neighbour's land.

In legal terms, letting their earth, stones etc fall onto your land would be trespass.

If the fence belongs to the neighbours, I guess it's OK for them to use their fence to support their raised land, but they would have a duty to repair / maintain that support.

If the fence belongs to you, they shouldn't be relying on your fence to support their raised land.

So either way, it sounds like the neighbours need to do something to stop their garden falling into yours.

I have nothing to back this up, but a few years ago when a friends neighbour reduced the level of their garden making my friends fence unstable she was advised that she'd be responsible if her fence fell and injured someone.