[quote=Who me ?]Few years ago, I fitted a 6' fence to part of my rear garden to get some privacy from one neighbour who loved to have BBQ/parties in their rear at the weekend. When eventually neighbour ( Mrs Bucket type ) decided that she was fencing in HER bought council property, I took mine down and said -go ahead . At time ,I wanted privacy, but cost was prohibitive. Her fence is supported by wooden posts
Of late , other side has followed suite ,again at time ,I would have loved to be able to do so, as one of her kids was teasing our dog through the chestnut fence, and every time this happened I had to bring dog in. Still happens to some extent, but fence banging stops when we call dog in . This is not the issue. This fence is on concrete posts, but panels are of poor quality and individual bits are warping .
What is the issue is that neither fence was erected by me. So ,as far as I can see ,both fences are responsibility of erector. One of the wooden posts on one side has failed, and post has been tied to a tree to stop fence collapsing.
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Cool Story Bro etc.

What exactly is your question though?

No depends on your deeds

That depends.

There was another thread on here a few days ago about boundary maintenance responsibility (and no it doesn't depend on which the side of the garden the fence is, that is an urban myth, which is a polite way of saying bullshyte).

The conveyance documents (deeds if you like) will, or rather may, tell you which boundary is your responsibility, but that doesn't stop you putting up whatever fence you like on your side of the boundary, even if the neighbour is responsible for that boundary. As long as its on your land, and not on the boundary itself, that is.


Now, should you take it into your head to replace a fence that isn't yours (ie replace the boundary fence itself) then, theoretically at least, if you've taken somebody else's fence down then that's theft. Whether a judge would ever agree a damages claim for an old fence that you replaced with a new one is debatable, but I'm being pedantic . But, and more importantly, if you have done just that, then you have at that point taken on implied responsibility for that fence, so its no good you putting a new fence up and then expecting your neighbour to maintain it.

[quote=Who me ?] one neighbour who loved to have BBQ/parties in their rear at the weekend.
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Juvenile snigger

Problem is that one fence put up by one neighbour is of dubious quality, and I've no desire to let her bodge merchants into my side to do a repair, after the last effort ,where a lot of plants were damaged. After the obvious temporary repair by clamping the fence to a tree , I'd suggest that there'll be no attempt to repair damage to fence post. On the dog front, they've also got a dog, so presumably there 'l be some responsibility to stop their dog causing problems ?

[quote=Who me ?]

Problem is that one fence put up by one neighbour is of dubious quality, and I've no desire to let her bodge merchants into my side to do a repair, after the last effort ,where a lot of plants were damaged. After the obvious temporary repair by clamping the fence to a tree , I'd suggest that there'll be no attempt to repair damage to fence post. On the dog front, they've also got a dog, so presumably there 'l be some responsibility to stop their dog causing problems ?


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Yes, they have to control their dog too.

You are entitled to compensation for any damage - proving/getting it is a different matter obviously!

Like I said, you don't really have any say over the state/design of the fence unless it becomes a real nuisance/hazard as in smashing up your property in the wind or likely to hurt someone.

It does sound like putting up your own sturdy fence is the best answer.

Not "most" by any means, but I'd agree with the word "some." It all depends on the original clause in the conveyance eg:

"The purchaser hereby covenants with the vendor that he shall erect and for ever after maintain" or words to that effect, make the purchaser responsible for putting something specific on the boundary and maintaining it in the future. The sentence might go on:

• "a privet hedge"
• "A stock proof fence" (especially in conveyances of rural properties
• "A fence not exceeding six feet in height"

etc etc

In some cases you might actually be forbidden from putting up any boundary marker, for example on open-plan estates, but this would usually only apply to the front gardens, not the back ones.

If all you have to go on is "T" marks and no clause to specify what should or should not be put on the boundary, then I agree you have a greater degree of flexibility. However, and by way of example, if you have purchased a property with a wall on the boundary where responsibility is yours, and that wall becomes dangerous, it is your responsibility to deal with the problem, either by repair or taking the thing down (if allowed in the relevant clause in the conveyance)