Council want us to pay for their fence? (we're not in a council house)

vegasbride

We live in a town house that was built 10 years ago, our house is built into a bank and in our rear garden we have a fence to the left and right and a fence that has clearly been here before our houses were built across the very top of the garden. behind that top fence is a council property, with a large garden, the fence runs along our property and the next four houses.
In the bad weather at the end of last year parts of the fence have blown down, and are now beyond repair.
I have rung the council reagarding this as it is not our fence and they said they were looking into it.
Today we have received a letter asking us to pay 50% of the cost of a new fence as they can find 'no clear indication' as to who the fence belongs to.
I'm absoloutly certain the fence is not our responsibility, it is not shown as ours on our deeds.
What can we do? we don't want to pay for someone elses fence, yet we don't really want to have our garden unsecure, what with two little children and a dog! my husband has currently put a wire fence pannel up to secure the garden for the sake of the dog, but it is unsightly.
Any advice is welcome, i'm very cross that we have to struggle to pay our massive mortgage, pay loads of council tax, and upkeep our own property, yet the council wishes us to pay for their fence... and the man who lived in the property on the otherside of the fence (who would benefit massively from the new fence) doesn't have to pay a penny!
I think the council are trying to pull a fast one as it's a lot of fence for the to replace across the five properties but am unsure what we can do to make them pay up themselves?
thanks in advance.
Chloe. x

adandem

I would think the only way you can make the council pay is by proving that they are liable for the boundary. However, a fence is not a legal requirment I don't think. If your deeds show clearly that you are not resonsible then send a copy the the council. Do you neighbours have the same shown on their deeds?
We back upto a house that was there before ours was built, both privately owned but we are responsible for that boudary even though the fence was already there.
Good luck.

baldelectrician

If you check the location of the fence that blew down with regards to your title deeds / plan you may find that the fence lies in the councils property area- and thet they will be liable for the repairs

zzzLazyDaisy

There is no legal obligation to fence a boundary, unless it is needed to keep the landowners animals from straying onto the adjoining land. If the fence is a potential hazard, the owner would be required to make it safe - or remove it altogether. So if you need a fence there, you may find that you have to erect your own.

Having said that if the deeds show that the fence is not yours, you can challenge the council's assertion that it isn't clear who owns it, and perhaps they will agree to sort it out.