Aggressive neighbour damaged my fence

Tigger2018

I have a problem with the fence in my rear garden. One of the fence panels keeps falling out in wind and it looks like this is because the concrete fence post has moved.  I called a maintenance guy to come and have a look at fixing this and he showed me that all the posts are out of line and will all need replacing or resetting at a cost of thousands. the reason the posts are out of line is because my neighbour has been piling old concrete slabs and rubble against it.  I have checked my deeds and they don’t show who is responsible for the dividing boundary. However, I got a copy of my neighbours deeds from the land registry and they state that both parties are equally responsible for maintaining the boundary. I don’t feel that I should have to pay anything as I didn’t cause the damage. I have had issues with this neighbour before, he is unapproachable and can be very aggressive.  I do not feel comfortable confronting him about this.  To make things more complicated the house is not owned by my neighbour, he rents it from his father (he used to live there) he is also an intimidating character.  I don't even feel comfortable putting a note through his door as I fear recriminations.  I own my property and I don't know where the owner of my neighbours house lives, although I do see him visit occasionally.

Can you give me some advice on the best way to get this resolved?  I don't have a lot of money to spend on solicitors. 

greatcrested

Tigger2018 said:

..... the concrete fence post has moved.  I called a maintenance guy to come and have a look at fixing this and he showed me that all the posts are out of line and will all need replacing or resetting at a cost of thousands. the reason the posts are out of line is because my neighbour has been piling old concrete slabs and rubble against it.

I find this very hard to believe.

Firstly, unless your boundary fence is really exceedingly long, there's no way it could cost 'thousands'.

Secondly, piling slabs etc against the posts might make them lean over, but would not move them. I assume they are imbeddd in the ground, so the base of the posts will remain in the same location. They simply need pushing upright and then securing in that position with more concrete.

my neighbours deeds ...state that both parties are equally responsible for maintaining the boundary. I don’t feel that I should have to pay anything as I didn’t cause the damage.

Then either you discuss/agree this with your neighbour, or with the owner (his father), or, since you seem hesitant to do this, you fix this yourself. Negotiating with the neighbour is, from what you say, pointless, and legal action would be exhorbitant, time-consuming, stressful, and the outcome uncertain. So since it is you that is unhappy with the current situation, the simplest solution is to fix it yourself.

Comms69

Who owns the fence?? Ie who paid for it?

Tigger2018

Just to clarify, it's the fence posts and concrete base slabs that have been damaged.  These were in when I moved in 14 years ago.  I have replaced the fence panels myself a couple of years ago at my own cost.

Hodge58

Generally the fence to the left of the house as you look from the front is your responsibility.

Tigger2018

Hodge58 said:

Generally the fence to the left of the house as you look from the front is your responsibility.

But theres no clarification on MY deeds, Although I DID replace the fence panels at my cost. And neighbours deeds say both responsible. If damage was due to eg storm then i think its only fair to share the cost, however I dont believe this to be the case.

elsien

There is no obligation to have a fence at all. If your neighbour is happy to have the border marked with a bit of string they can do. You may be on to a loser here if they're uncooperative but I would also suggest getting some more quotes. Unless you have an estate rather than a garden, thousands seems hugely inflated. How many posts are you talking about?

Tigger2018

Each post to be dug out and replaced £200 each - don't know the prices for the (concrete? boards) of which there are 10 (2 between each post) for each fence panel to (sit on?).  If he wants to remove them and give me my fence panels back and replace with a bit of string, then fine (although he has a dog so cant see him doing this). I don't agree to replacing the whole lot at my own cost.  In theory if they keep on leaning they could fall on my  young children. So, if he did remove and replace with string, at least it wouldnt be a danger. 

elsien

Gravel boards. £13 each at Wickes.

Mojisola

Hodge58 said:

Generally the fence to the left of the house as you look from the front is your responsibility.

This is a myth. 

Comms69

Hodge58 said:

Generally the fence to the left of the house as you look from the front is your responsibility.

That’s an urban myth. Unless there is a written covenant, there is no obligation to have a fence.