Neighbour would like us to replace leaning fence urgently.

Adamc

We have a fence in our garden which is separates our garden from the neighbours behind. It runs at 45 degree angle rather than a straight forward 90 degree running fence (the usual directly right/left lateral fences parallel to most peoples' homes) . I remember the solicitor saying that it was contentious as to who was responsible for the fence when we bought the house (due to it being between the behind fence and right flank fence). Sorry - little difficult to describe.   

After recent storms it is leaning toward my neighbour behind's garden and he has written asking if we could get it replaced urgently. We have had intermittent strong winds and it stands at over 6ft and is extremely exposed to them. We are currently expecting more bad weather. In fairness it does need replacing but I have no intentions of doing this till the summer if I am responsible. I have offered to take it down in the interim but they have not got back to me on this. 

They are retired with a wonderful pristine garden so it's quite an annoyance for them. 

chrisw

I'd knock on their door and speak to them about. 

You're under no obligation to replace it as long as it's safe and not causing damage to their property. If you've already accepted that you are going to replace it at some point, they will probably be reassured and understanding if you explain you are going to replace it in the summer after the storms or whatever.

searchlight123

you could download a copy of their deeds (£3 on land registry site) and see if ownership of the fence is marked on their plan as it is not on yours, presumably. In the absence of any clarification of who owns the fence, and to maintain neighbourly relations you could offer to go halves on the replacement, and explain that you would hope to have funds for that in the summer.

plumb1_2

I’d ask them to go 50/50 for the cost if your not sure who’s responsibility it is. But seems you have accepted responsibility offering to take it down.

Adamc

plumb1_2 said:

I’d ask them to go 50/50 for the cost if your not sure who’s responsibility it is. But seems you have accepted responsibility offering to take it down.

Definitely haven't accepted responsibility. I offered to take it down in case he was unable. 

Section62

chrisw said:

You're under no obligation to replace it as long as it's safe and not causing damage to their property...

Unless the OP's deeds contain a covenant requiring them to maintain a fence/wall on the boundary, in which case such an obligation applies.

Adamc

tonygold said:

you could download a copy of their deeds (£3 on land registry site) and see if ownership of the fence is marked on their plan as it is not on yours, presumably. In the absence of any clarification of who owns the fence, and to maintain neighbourly relations you could offer to go halves on the replacement, and explain that you would hope to have funds for that in the summer.

Do these always clarify boundary responsibilities or is there ever ambiguity? 

plumb1_2

You don’t have to have a fence a piece of string will suffice as a boundary, but I suspect most people want to be good neighbours, so ask them to go 50/50

YBR

If you replace it, you'll be able to chose what fence you want.
As you say the fence is extremely exposed to high winds, perhaps a 3ft/4ft fence would be worth considering, or something like a lattice that might withstand the weather better.

marcia_

Adamc said:

tonygold said:

you could download a copy of their deeds (£3 on land registry site) and see if ownership of the fence is marked on their plan as it is not on yours, presumably. In the absence of any clarification of who owns the fence, and to maintain neighbourly relations you could offer to go halves on the replacement, and explain that you would hope to have funds for that in the summer.

Do these always clarify boundary responsibilities or is there ever ambiguity? 

 My deeds say absolutely nothing about fencing so would have to be an agreement between neighbours 

Section62

plumb1_2 said:

You don’t have to have a fence a piece of string will suffice as a boundary...

Unless the OP's deeds contain a covenant requiring them to maintain a fence/wall on the boundary, in which case they need to have more than a piece of string.