Housing Association Boundary Issue

positivityonly123

My house borders a housing association development.  The previous owner was approached when the development was built and asked if he would consider removing his existing conifer hedge boundary and they would then replace it with a new fence.  He agreed.  The conifer stumps were left in situ and a fence was erected next to them.  Move forward 20 years and the fence is in a state of repair.  The tenants do not look after the garden or fence.  The fence is currently leaning against my summer house and casing damage.  I raised this issue with the housing association 18 months ago and was ignored.  I have raised a complaint 10 days ago and have now been told as its my boundary they will not repair the fence.  I did try to approach the tenant but was not greeted in a very neighbourly manner.  I know boundaries and fences are a huge pain the rear but does anyone have any advice or is it down to me to repair a structure they erected?  Any advice welcome and thank you in advance 
 

gwynlas

If they replaced the fence then they assumed responsibility for upkeep and replacement. You could raise the issue with your local councillor and MP.
However given that HAs will plead lack of finance the quickest and easiest solution for you would be to get your own fence erected

user1977

Nothing in the titles about it? In the absence of anything formally agreed, there's no need for there to be a fence at all. So up to you whether you want to replace it.

positivityonly123

Thank you I assumed as they put the fence up that they assume responsibility for it.  I did think i might write to my MP too.  Unfortunately the neighbouring property has been drug raided by the police twice in the last year and therefore I would really like the fence to stay to keep my property safe.     

TheJP

user1977 said:

Nothing in the titles about it? In the absence of anything formally agreed, there's no need for there to be a fence at all. So up to you whether you want to replace it.

There is no need fro any fence unless it is specified in the titles which is rare, your MP would not have any power as its a civil matter not a public/council matter however they may be able to create some noise. If you want to 'protect' your house then have a fence installed at your cost.

RipleyG

Your property deed will tell you whether it's you that's responsible for the boundary, the housing association, or whether it's shared. If it's your boundary, then the fact they paid for erecting the previous fence doesn't change what's shown on the deeds, and doesn't make it their responsibility to maintain. Check your deeds, and make a decision from there. 

SDLT_Geek

positivityonly123 said:

My house borders a housing association development.  The previous owner was approached when the development was built and asked if he would consider removing his existing conifer hedge boundary
This suggests that the old conifer hedge belonged to your property.
 and they would then replace it with a new fence.  He agreed.  The conifer stumps were left in situ and a fence was erected next to them.
Do you know on which side of the stumps the fence was put up?  If on the HA side, then the fence might be on HA land and so belong to them.  If on your side of the stumps then the fence sounds like it is on your property.
  Move forward 20 years and the fence is in a state of repair.  The tenants do not look after the garden or fence.  The fence is currently leaning against my summer house and casing damage.  I raised this issue with the housing association 18 months ago and was ignored.  I have raised a complaint 10 days ago and have now been told as its my boundary they will not repair the fence.  I did try to approach the tenant but was not greeted in a very neighbourly manner.  I know boundaries and fences are a huge pain the rear but does anyone have any advice or is it down to me to repair a structure they erected?  Any advice welcome and thank you in advance 
 

The general rule in English land law is that what is fixed to the land becomes part of the land.  So if you know on whose land the fence was put, then you know who the fence belongs to, see the text in bold above.  ("Belonging to" is a separate question from any responsibility to repair.)

If the fence belongs to you then you can repair it, or take it away and put up another boundary feature on your land.

If the fence belongs to the HA, then you can put up another boundary feature on your land to give you the privacy and security you want.

positivityonly123

SDLT_Geek said:

positivityonly123 said:

My house borders a housing association development.  The previous owner was approached when the development was built and asked if he would consider removing his existing conifer hedge boundary
This suggests that the old conifer hedge belonged to your property.
 and they would then replace it with a new fence.  He agreed.  The conifer stumps were left in situ and a fence was erected next to them.
Do you know on which side of the stumps the fence was put up?  If on the HA side, then the fence might be on HA land and so belong to them.  If on your side of the stumps then the fence sounds like it is on your property.
  Move forward 20 years and the fence is in a state of repair.  The tenants do not look after the garden or fence.  The fence is currently leaning against my summer house and casing damage.  I raised this issue with the housing association 18 months ago and was ignored.  I have raised a complaint 10 days ago and have now been told as its my boundary they will not repair the fence.  I did try to approach the tenant but was not greeted in a very neighbourly manner.  I know boundaries and fences are a huge pain the rear but does anyone have any advice or is it down to me to repair a structure they erected?  Any advice welcome and thank you in advance 
 

The general rule in English land law is that what is fixed to the land becomes part of the land.  So if you know on whose land the fence was put, then you know who the fence belongs to, see the text in bold above.  ("Belonging to" is a separate question from any responsibility to repair.)

If the fence belongs to you then you can repair it, or take it away and put up another boundary feature on your land.

If the fence belongs to the HA, then you can put up another boundary feature on your land to give you the privacy and security you want.

The fence is on HA side of stump. This was my thinking as its on their side of the boundary line. 
I bought some garden a few years ago, there was no fence just a hedge with a little gate which would have been into a field before the HA site was built, I put up a lovely fence with a new gate so i could maintain my fence. The HA came and put up a concrete barrier so I couldn't use the gate!  

ThisIsWeird

positivityonly123 said:

My house borders a housing association development.  The previous owner was approached when the development was built and asked if he would consider removing his existing conifer hedge boundary and they would then replace it with a new fence.  He agreed.  The conifer stumps were left in situ and a fence was erected next to them.  Move forward 20 years and the fence is in a state of repair.  The tenants do not look after the garden or fence.  The fence is currently leaning against my summer house and casing damage.  I raised this issue with the housing association 18 months ago and was ignored.  I have raised a complaint 10 days ago and have now been told as its my boundary they will not repair the fence.  I did try to approach the tenant but was not greeted in a very neighbourly manner.  I know boundaries and fences are a huge pain the rear but does anyone have any advice or is it down to me to repair a structure they erected?  Any advice welcome and thank you in advance 
 

"The conifer stumps were left in situ and a fence was erected next to them." Could you clarify, please - this conifer hedge was fully within your land? And the new fence was positioned - where, exactly, in relation to this?

"The tenants do not look after the garden or fence." Under most standard rental agreements, the tenant should maintain the premises, including outdoor areas, in a manner expected of an owner. So, the HA could - if they felt inclined - oblige their tenants to maintain the garden a bit better, but - hey - no skin of the HA's nose if they don't. However, the landlord - the HA - is responsible for the fences that they are, er, responsible for. So, the Q is - is this fence on your, or the HA's side of the boundary?

"The fence is currently leaning against my summer house and causing damage." And there's the rub. IF this fence is the HA's, then you can certainly take action to oblige them to prevent any damage to your property from their poorly-maintained fence. However, if it's actually your fence, then tough.

So, whose fence is it? The essential answer is - on whosever land it sits. The HA may well have given you a new fence 20 years ago, but if it's on your land, it's effectively your fence - I cannot see any way you can oblige them to replace 'your' fence. You could - possibly - oblige them to remove 'their' fence which is on your land, but that won't get you very far. 

If this fence is effectively yours, and if you wish to protect yourself from some druggies, then stick up a new solid fence on your land.

The funny ('peculiar', not 'ha-ha') thing is, if the HA's tenants had dawgs, then they would be responsible for keeping them secured within their garden. But, humans? Nope.

positivityonly123

ThisIsWeird said:

positivityonly123 said:

My house borders a housing association development.  The previous owner was approached when the development was built and asked if he would consider removing his existing conifer hedge boundary and they would then replace it with a new fence.  He agreed.  The conifer stumps were left in situ and a fence was erected next to them.  Move forward 20 years and the fence is in a state of repair.  The tenants do not look after the garden or fence.  The fence is currently leaning against my summer house and casing damage.  I raised this issue with the housing association 18 months ago and was ignored.  I have raised a complaint 10 days ago and have now been told as its my boundary they will not repair the fence.  I did try to approach the tenant but was not greeted in a very neighbourly manner.  I know boundaries and fences are a huge pain the rear but does anyone have any advice or is it down to me to repair a structure they erected?  Any advice welcome and thank you in advance 
 

"The conifer stumps were left in situ and a fence was erected next to them." Could you clarify, please - this conifer hedge was fully within your land? And the new fence was positioned - where, exactly, in relation to this?

"The tenants do not look after the garden or fence." Under most standard rental agreements, the tenant should maintain the premises, including outdoor areas, in a manner expected of an owner. So, the HA could - if they felt inclined - oblige their tenants to maintain the garden a bit better, but - hey - no skin of the HA's nose if they don't. However, the landlord - the HA - is responsible for the fences that they are, er, responsible for. So, the Q is - is this fence on your, or the HA's side of the boundary?

"The fence is currently leaning against my summer house and causing damage." And there's the rub. IF this fence is the HA's, then you can certainly take action to oblige them to prevent any damage to your property from their poorly-maintained fence. However, if it's actually your fence, then tough.

So, whose fence is it? The essential answer is - on whosever land it sits. The HA may well have given you a new fence 20 years ago, but if it's on your land, it's effectively your fence - I cannot see any way you can oblige them to replace 'your' fence. You could - possibly - oblige them to remove 'their' fence which is on your land, but that won't get you very far. 

If this fence is effectively yours, and if you wish to protect yourself from some druggies, then stick up a new solid fence on your land.

The funny ('peculiar', not 'ha-ha') thing is, if the HA's tenants had dawgs, then they would be responsible for keeping them secured within their garden. But, humans? Nope.

The original conifer hedge was on my land, the new fence is on their land past my stumps towards their property.  The have/had a dog and chickens. 
I think they are trying to 'fob me off' as i've been told the HA goes round to the property in question and they are not let into the property.  In the 20 years i've lived here as far as neighbours go they cause me no issues, noise or problems but hey do not look after the property at all, its just the HA that are rubbish to deal with.  

positivityonly123

positivityonly123 said:

ThisIsWeird said:

positivityonly123 said:

My house borders a housing association development.  The previous owner was approached when the development was built and asked if he would consider removing his existing conifer hedge boundary and they would then replace it with a new fence.  He agreed.  The conifer stumps were left in situ and a fence was erected next to them.  Move forward 20 years and the fence is in a state of repair.  The tenants do not look after the garden or fence.  The fence is currently leaning against my summer house and casing damage.  I raised this issue with the housing association 18 months ago and was ignored.  I have raised a complaint 10 days ago and have now been told as its my boundary they will not repair the fence.  I did try to approach the tenant but was not greeted in a very neighbourly manner.  I know boundaries and fences are a huge pain the rear but does anyone have any advice or is it down to me to repair a structure they erected?  Any advice welcome and thank you in advance 
 

"The conifer stumps were left in situ and a fence was erected next to them." Could you clarify, please - this conifer hedge was fully within your land? And the new fence was positioned - where, exactly, in relation to this?

"The tenants do not look after the garden or fence." Under most standard rental agreements, the tenant should maintain the premises, including outdoor areas, in a manner expected of an owner. So, the HA could - if they felt inclined - oblige their tenants to maintain the garden a bit better, but - hey - no skin of the HA's nose if they don't. However, the landlord - the HA - is responsible for the fences that they are, er, responsible for. So, the Q is - is this fence on your, or the HA's side of the boundary?

"The fence is currently leaning against my summer house and causing damage." And there's the rub. IF this fence is the HA's, then you can certainly take action to oblige them to prevent any damage to your property from their poorly-maintained fence. However, if it's actually your fence, then tough.

So, whose fence is it? The essential answer is - on whosever land it sits. The HA may well have given you a new fence 20 years ago, but if it's on your land, it's effectively your fence - I cannot see any way you can oblige them to replace 'your' fence. You could - possibly - oblige them to remove 'their' fence which is on your land, but that won't get you very far. 

If this fence is effectively yours, and if you wish to protect yourself from some druggies, then stick up a new solid fence on your land.

The funny ('peculiar', not 'ha-ha') thing is, if the HA's tenants had dawgs, then they would be responsible for keeping them secured within their garden. But, humans? Nope.

The original conifer hedge was on my land, the new fence is on their land past my stumps towards their property.  The have/had a dog and chickens. 
I think they are trying to 'fob me off' as i've been told the HA goes round to the property in question and they are not let into the property.  In the 20 years i've lived here as far as neighbours go they cause me no issues, noise or problems but hey do not look after the property at all, its just the HA that are rubbish to deal with.  

I did consider making the fence good from my side however the amount of rubbish in the garden next door pushing against the fence would make it impossible!