Fence Issues (shocker I know)

EmilyAsh88

We are in a mid terrace property in a nice area. Zero interaction with neighbours on one side and neighbours super lovely on the other side.

There was a storm in February this year which destroyed a fence panel between us and the zero interaction neighbour. This boundary belongs to them. I was relaxed about it being replaced as it was winter time and we weren't utilising the garden. We waited for it to be replaced as they've been doing a lot of home improvements. Months and months went by. Still nothing. Her dog comes into our garden and craps everywhere. Still nothing.

We have tried to ring the doorbell to discuss it nicely. We aren't trying to shirk responsibility, we have a couple of panels in an intact but not perfect condition on our side between us and the lovely neighbours that we would like to replace just as good practice. There is also a custom size panel we need to sort out at the back which leads onto a pathway. We wanted to ask if we could help by placing an order, and also wanted to offer to help fit it from both sides. We have messaged and gone round, totally ignored. At this point what are we supposed to do? We can't utilise our garden at all with this gap there, she has a trampoline in her garden that I know my kids will charge off towards as they are very young. We also now have a load of dog poo in our garden. Any advice welcome. We've tried to interact on a mature, friendly level but if someone refuses to engage what are we supposed to do?

BarelySentientAI

Put your own fence up just inside your side of the boundary?

Seems like overkill, but would probably work.

propertyrental

Replace the panel? Write first to say you are doing so.

Oh and  - their dog so their poo so when you clear it up you know who it belongs to.....

BonaDea

I'd just put my own fence up, making sure it was just this side of the line of the original fence.

EmilyAsh88

Thanks all. Tricky to replace in a slightly adjusted position as the posts are concrete. Also worried that if we replace we become responsible for all 3 boundaries.

Flugelhorn

I would agree re putting up your own fence just inside the boundary and return the dog poo the dog owners garden

ThisIsWeird

You neighbour does not 'have' to replace that panel, unless the deeds state they 'must' (and, even then, awkward to enforce), or they need to prevent their dawgs or kids coming on to your land. So, yup - they do.
If your kids go on to theirs, then you need to stop this.
So, they are in breach - their dog is coming through to your land, and pooing. You can stop this, but you'd need to follow the correct process. Which is, um, not sure.
Do you have Legal Protection included in your house insurance? If so, call them up for guidance.

maman

I'd agree with other posters. It might go against the grain but if your priority is reclaiming your garden then replace the fence panels yourself. 

We had a similar situation where fences needed replacing on a shared boundary. Developers bought next door and wouldn't play ball. We decided to replace at our own expense rather than get off on the wrong foot with potential new neighbours when the house was sold. 

As it happens, new neighbours are lovely and unlikely to be a problem going forward. 

ThisIsWeird

Not quite that simple.

The OP, Emily, told us that, "This boundary belongs to them." I presume she means the 'fence', as the actual 'boundary' is an invisible line that divides the two properties. So, if one neighbour has an acknowledged, or deed-specified, responsibility for the physical fence, then usually that fence is place on their side of this boundary line. Ergo, they own it in its entirety. It is theirs, and is positioned on their land. So, you can only replace a panel by effectively 'trespassing', tho' in the vast majority of cases this is unlikely to be challenged.

Other folk have suggested putting up your own fence on your own land. Yes, that is indeed a solution, but comes with a few drawbacks; the first is the cost - likely to be £ks unless you can DIY it - and then there's the fact that you will lose around 4" of your land for this fence, which you've already presumably 'lost' on the opposite boundary. Then there's the likelihood that your new fence will be tricky to maintain because it's hard up against the neighbour's existing crumbling fence. And, if that neighbour were to remove their own tatty fence, then *bingo!*; they've gained an extra 4" of garden!

"Her dog comes into our garden and craps everywhere." Oookkaaayyy, that is completely unacceptable.

To tackle that requires a couple of things - one is evidence of the act, so Emily should really have a CCTV camera set up to record this. And the other is evidence that the neighbour knows, and has been informed - told to desist.

Armed with that, it's 'Statutory Nuisance' report time to the LA. Dog mess is a serious issue, so coupled with unimpeachable evidence, they should act pdq.

By the same token, Emily needs to keep her kids in her garden.

eddddy

As others say, the neighbour probably has no legal duty to replace the fence panel.

So your options might include:

• Buy a new fence panel and fix it into their fence. (But technically, you shouldn't fix anything to their fence without their consent.)

• Put up a temporary fence/barrier across the gap in the fence to keep your children in, and their dog out. (e.g. a length of chicken wire attached to 2 stakes.)

• Use one of the "intact but not perfect condition" panels that you are replacing from your other fence as a temporary / semi-permanent way of filling the gap 

Tucosalamanca

You don't have a relationship to spoil and life's too short to let the situation bother you.

I would just replace the panels and not even attempt to engage with the neighbour.

If they protest, tell them that they're getting the fence repaired foc but they're welcome to contribute if they want?