Whose responsible for the fence

clairecox82

We had 3 fence panels come down during the recent storm which are unrepairable.. it's on our neighbours boundary but she says the previous owners of our house put up the fence so she thinks we're responsible.. they put it up with her agreement and on her boundary (she just had wire there before). I'm concerned if we replace the panels now we'll create some unsaid forever agreement to always be responsible for that fence (as well as already being responsible for the one at the bottom and the one running along the other side of our 100ft garden .) Thanks for any advise x

Section62

The previous owners put it up, so you've taken on their responsibility.  You don't have to replace the fence, but if you do then you will still be responsible for it.

theoretica

Your neighbour previously had wire and was happy with that.  If you choose to take your damaged fence panels away and she replaces a wire, as is her right, would you like that solution?

While your neighbour has responsibility for ensuring the boundary has some form of marking, you have responsibility for that physical fence.

Aylesbury_Duck

I agree.  You own the current fence, your neighbour is responsible for the boundary.  They're different things.  It's therefore up to you whether to replace the panels or not.  If you do, the are your responsibility along with the existing panels.  If you don't, your neighbour has responsibility for maintaining the boundary, which they can do with wire, string or whatever they choose.

The practical and sensible thing to do here is to invite them round for a cup of tea and consider sharing the cost of replacing the whole fence.

ryan7

Those panels cost 20 quid. For what it's worth just replace them. 

Bendy_House

ryan7 said:

Those panels cost 20 quid. For what it's worth just replace them. 

Yeah. Come and do mine as well, while you're at it... pfffft.

ryan7

Bendy_House said:

ryan7 said:

Those panels cost 20 quid. For what it's worth just replace them. 

Yeah. Come and do mine as well, while you're at it... pfffft.

What's your point? 

Bendy_House

Have you checked the price of panels recently?

Regardless of that, you seem to be suggesting that the OP just 'does it', regardless of obligation or responsibility?

ryan7

Bendy_House said:

Have you checked the price of panels recently?

Regardless of that, you seem to be suggesting that the OP just 'does it', regardless of obligation or responsibility?

We have established that they are obliged and responsible for the upkeep and repair of the fence.
So they should just do it. 

Section62

ryan7 said:

Bendy_House said:

Have you checked the price of panels recently?

Regardless of that, you seem to be suggesting that the OP just 'does it', regardless of obligation or responsibility?

We have established that they are obliged and responsible for the upkeep and repair of the fence.
So they should just do it. 

They appear to be responsible for the fence, but apparently have no obligation to keep one there.  The moneysaving option is to remove their fence (if they no longer want it), and let the neighbour fence the boundary as they wish.

PollyWollyDoodle

ryan7 said:

Those panels cost 20 quid. For what it's worth just replace them. 

You’re assuming the OP can just buy three panels and slot them in. Current cost around here to get someone in to replace fencing is around £100 per panel.