Boundary Question about Removing my Fence.

TELLIT01

Even if the fence is the responsibility of the OP, and there is a requirement to keep it in good order, I doubt there would be anything stating the height and type of fence required.  As many have said, it's the responsibility of the care home to ensure the safety and security of their residents.  I would suggest they need to provide and erect security fencing within their own boundary.

ThisIsWeird

Deal only with head office, and by a recordable means.

RS2OOO

TELLIT01 said:

Even if the fence is the responsibility of the OP, and there is a requirement to keep it in good order, I doubt there would be anything stating the height and type of fence required.  As many have said, it's the responsibility of the care home to ensure the safety and security of their residents.  I would suggest they need to provide and erect security fencing within their own boundary.

You are correct - There is nothing in my title specifying anything related to type/nature of the fence or even any requirement to maintain it.

In fact it appears from bits I've found buried along the fence line the original fence was 4 foot wooden posts with 2 or 3 wires running through at mid level and barbed wire at the top, similar to those found on farmers fields, which would make sense because prior to construction of the care home, next door was farmland.

RS2OOO

Just to update....

I've now replaced a 30 foot section of the fence. I didn't bother ringing head office but I did honour the care home's requested notice period of the fence being removed, and there was no boundary in place over that section for a total of 3 days and whilst I did put barrier tape up, the care home chose to keep all residents indoors for most of that duration and when residents did go out they were accompanied by staff at all times.

It went very well and in fact I had a great chat with one of their dementia patients (in his late 80's) who told me some incredible stories about his work on the Thames during the 1950's and 60's. It was a genuine pleasure to talk with him and he seemed very switched on.

As for the rest of the fence.... I ran out of money so managed to carry out some repairs (from the care home side) and should now get another year or 2 out of the rest of the fence before having to completely replace it.   

The care home manager, still seemingly clueless about the implications of what he agreed to, offered to help but I declined, and also offered me as much fence paint as I needed if I wished to paint my side. I declined this as well as I'd already bought 45 litres!

Next update in around 18 months time!                                   

ThisIsWeird

I have to say you are being incredibly decent about this, RS.

35har1old

Ath_Wat said:

MikeJXE said:

I don't think it's a case of whos problem it is. They are vulnerable residents and I personally would do my best to make sure they came to no harm

You can go round and put the fence up, then.  It's no more the OP's responsibility than it is yours.

In my opinion the care home, which is a business that takes money in order to look after said vulnerable people, needs to bear the expense of it.

When a builder is doing work it's down to him to secure the site from the public which usually consists  of site guard fencing which are held in place with concrete feet which set on the surface and are bolted together.

Section62

35har1old said:

Ath_Wat said:

MikeJXE said:

I don't think it's a case of whos problem it is. They are vulnerable residents and I personally would do my best to make sure they came to no harm

You can go round and put the fence up, then.  It's no more the OP's responsibility than it is yours.

In my opinion the care home, which is a business that takes money in order to look after said vulnerable people, needs to bear the expense of it.

When a builder is doing work it's down to him to secure the site from the public which usually consists  of site guard fencing which are held in place with concrete feet which set on the surface and are bolted together.

The OP isn't a builder, and the land next door isn't open to the public. (from the information the OP has posted) So that has limited relevance to the thread.

Builders put fences up to keep the public out because a risk assessment is likely to show that the things being done on a site (e.g. deep excavation) pose sufficient risk to the public they need to be kept out.  But very often the deciding factor has more to do with keeping light-fingered people away from valuable tools and materials.

There is no specific law that requires a private individual carrying out work on their land (or on the boundary) to put up temporary fences, but they risk facing legal action if failure to warn or protect others of/from the possible dangers caused by the work is something which leads to someone being injured.

GrubbyGirl_2

As an ex NHS Manager I am confident that it is the care home's responsibility to ensure their residents are safe.  You need to advise the manager in writing of your intention to replace the fence.  Give them plenty of notice and copy your letter to the parent company of there is one and to the CQC.  State on the letter exactly what you are doing, roughly how long it will take and do point out to them that while you will ensure that all tools and materials will be put away at the end of the working day it will be their responsibility to ensure their residents can come to no harm while the work is being undertaken. If they feel there needs to be a temporary fence that is their responsibility not yours, but let them decide that.  As others have said you are under no legal obligation to have a fence along your boundary you could simply remove it and replace with rope if you wished.

If people are at risk in the garden they should not be alone.  That is not your responsibility, but if you spell it out to them in writing they can't claim they were not aware

ThisIsWeird

As Grubby says.

Although I applaud RS's very considerate attitude, I do think he is being 'silly' in this case, as there is a genuine known long-term security risk here, which is the care home's responsibility. But he has been advised of this a few times, and has seemingly made his choice. 

Section62

ThisIsWeird said:

As Grubby says.

Although I applaud RS's very considerate attitude, I do think he is being 'silly' in this case, as there is a genuine known long-term security risk here, which is the care home's responsibility. But he has been advised of this a few times, and has seemingly made his choice. 

I think it is wrong to say the OP is 'silly' (even in inverted commas).

If one of the home's residents falls into and drowns in his pond, he won't be able to simply sit back and say it was the care home's responsibility to keep the residents safe.  There would almost certainly be a police investigation and the OP would have to account for his actions.  And regardless of the legalities, having someone come to harm in your garden isn't something you are likely to forget.

Whilst the ultimate responsibility is with the care home, it is sensible to take action to make sure the care home are aware of what is happening, and work with them as much as possible to make sure no problems arise.

This is what would generally be known as "being a good neighbour" - something which increasingly seen as optional by some people who seem to think only of their own rights.  I'd say good on the OP for being concerned and adopting a safety-first approach.