Garden Pond

Savrona

The previous tenant who lived in my flat had a 4ft deep Koi pond which I asked him to remove when we exchanged flats. There is nothing in the council tenancy handbook about ponds so I started creating a shallow wildlife pond, deepest end about 1ft. I live in a converted council house which means I share a pathway to the side of the building with my neighbours downstairs. Their garden is a mess and although they put up a wobbly fence they have not completed it so there is a long gap with no panels. As they have a little boy I wrote a short note (she works from home and doesn't like to be disturbed) asking if they could complete the fence as I was worried about her son getting into my garden. When a council surveyor came round re another issue I mentioned the fence and he said that the pond was my responsibility and I would need to create a fence round it and cover it when I am not in the garden? All I am doing is trying to attract some wildlife and I feel I have taken her sons safety into consideration re my neighbours garden being secure but it seems the responsibility is mine. Can anyone who knows about these things comment please. 

Doozergirl

Is there something in their tenancy that says that they have to maintain a fence? 

The way you're describing it makes it sound like they've only done it (or half done it) because they want to.  

Even if the properties were owner occupied, there's often only a responsibility to maintain the boundary line, not a fence.  In those situations where there are dodgy fences, the advice is for the affected party to erect their own fence.  

I think that's my advice this time. 

Jeepers_Creepers

Who is the 'affected party', Doozer?

Martin_the_Unjust

Jeepers_Creepers said:

Who is the 'affected party', Doozer?

The one that wants a better fence

Jeepers_Creepers

Thanks.

A bit like having a dawg - if you don't want it to go into other people's gardens, you need to put a fence up. :-)

Savrona

I have a fence, it is my neighbours who need to put up about three more panels.

twopenny

But is it in your agreements that you each maintain a fence?

Rdwill

It's the same reason railways have to be fenced. If you trespass on the railway and get run over by a train.  It's the rail companies fault,  if there's no fence.

It's the same reason you can't hide mantraps around your garden to catch burglars. Apparently you have a duty of care whether people are supposed to be there or not.

cymruchris

Could you erect something temporary until they get around to doing it? Just something to prevent the kids getting in?

JIL

If it's just for wildlife, cant you put some wire mesh across it? Surely the plants will eventually cover the mesh and hide it.

Doozergirl

Savrona said:

I have a fence, it is my neighbours who need to put up about three more panels.

You ignored my question.  

They may not 'need' to do anything.  How do you propose to enforce something that may not be enforceable?