Who should fix the fence?
Discussion
No front fence between properties 3 and 4. The boundary belongs to property 4.
Many years ago, property 4 is sold. After the sale it stays empty for about 6 months although the new owners visit it several times - and in doing so, walk across property 3s front garden as a short cut.
Property 3 (me) gets annoyed - and puts a fence up on the border (not just inside property 3s land, but actually on the border). Probably wrong, but it was 13 years ago and I didn't know that at the time.
Who is responsible if the fence blows down now? Property 3 because they had it put up? Or property 4 because it is on the border they are responsible for?
If it's property 3 - because they had the fence put up - what happens when property 3 is sold - it can't be the responsibility of the new owner then?
Many years ago, property 4 is sold. After the sale it stays empty for about 6 months although the new owners visit it several times - and in doing so, walk across property 3s front garden as a short cut.
Property 3 (me) gets annoyed - and puts a fence up on the border (not just inside property 3s land, but actually on the border). Probably wrong, but it was 13 years ago and I didn't know that at the time.
Who is responsible if the fence blows down now? Property 3 because they had it put up? Or property 4 because it is on the border they are responsible for?
If it's property 3 - because they had the fence put up - what happens when property 3 is sold - it can't be the responsibility of the new owner then?
How about this:
If the owners of p4 want a fence on the boundary they ae responsible for then they could replace it but have no obligation to do so.
If you want a fence then you should replace it - but either put it on your own land or talk to p4 to agree replacement on the boundary with an agreement about future maintenance
If the owners of p4 want a fence on the boundary they ae responsible for then they could replace it but have no obligation to do so.
If you want a fence then you should replace it - but either put it on your own land or talk to p4 to agree replacement on the boundary with an agreement about future maintenance
Don't know the legal answer but my answer would be the option that is least likely to ruin your life by getting into a daft dispute with the neighbour. 
I feel like there should be an entire Government department for neighbour fence disputes. Although my neighbour is a tricky, petty sod, he did replace the fence panel he had broken by leaning things against it, despite it technically being my responsibility, and it was therefore a non-issue. I would do the same.

I feel like there should be an entire Government department for neighbour fence disputes. Although my neighbour is a tricky, petty sod, he did replace the fence panel he had broken by leaning things against it, despite it technically being my responsibility, and it was therefore a non-issue. I would do the same.
>> it can't be the responsibility of the new owner then?
there is no requirement to have a fence.
I had a similar issue in that the owner of property next to me replaced a hedge with a low wall. I added some composite screening onto my side of border(leaving a few inches gap) - they can no longer access the TV/broadband cable that was run along the outside! It’s rented out so I never see the owners anyway.
there is no requirement to have a fence.
I had a similar issue in that the owner of property next to me replaced a hedge with a low wall. I added some composite screening onto my side of border(leaving a few inches gap) - they can no longer access the TV/broadband cable that was run along the outside! It’s rented out so I never see the owners anyway.
Edited by fido on Friday 26th January 12:07
TooLateForAName said:
If the owners of p4 want a fence on the boundary they are responsible for then they could replace it but have no obligation to do so.
If you want a fence then you should replace it - but either put it on your own land or talk to p4 to agree replacement on the boundary with an agreement about future maintenance
If you want a fence then you should replace it - but either put it on your own land or talk to p4 to agree replacement on the boundary with an agreement about future maintenance
durbster said:
Don't know the legal answer but my answer would be the option that is least likely to ruin your life by getting into a daft dispute with the neighbour. 
I think the two quotes above sum up the situation perfectly, with special attention to the bit in bold.
davek_964 said:
Property 3 (me) gets annoyed - and puts a fence up on the border
davek_964 said:
Who is responsible if the fence blows down now?
davek_964 said:
Both my house and the neighbours house are rented out these days. So I think this is probably the solution I'll go for :
You sound like a real charmer. I'm glad you're not my neighbour.dundarach said:
...let if fall down
Sebring440 said:
davek_964 said:
Property 3 (me) gets annoyed - and puts a fence up on the border
davek_964 said:
Who is responsible if the fence blows down now?
davek_964 said:
Both my house and the neighbours house are rented out these days. So I think this is probably the solution I'll go for :
You sound like a real charmer. I'm glad you're not my neighbour.dundarach said:
...let if fall down
Once they had moved in, they caused many problems for many people in the road. I may well be unpleasant, but you have no idea of what issues they caused over the ~10 years they lived there. And I'm quite sure that's contributed to my general "f**k them" attitude.
Edited by davek_964 on Friday 26th January 15:39
dundarach said:
There's no requirement for a fence
If it's on your land you fix it
If it's not and it bothers you, put your own up in front of it
If it doesn't let if fall down
If it's on your land you fix it
If it's not and it bothers you, put your own up in front of it
If it doesn't let if fall down
fido said:
>> it can't be the responsibility of the new owner then?
there is no requirement to have a fence.
I had a similar issue in that the owner of property next to me replaced a hedge with a low wall. I added some composite screening onto my side of border(leaving a few inches gap) - they can no longer access the TV/broadband cable that was run along the outside! It’s rented out so I never see the owners anyway.
This - there's no obligation on anyone to fence their boundaries (special cases like fields with bulls etc aside).there is no requirement to have a fence.
I had a similar issue in that the owner of property next to me replaced a hedge with a low wall. I added some composite screening onto my side of border(leaving a few inches gap) - they can no longer access the TV/broadband cable that was run along the outside! It’s rented out so I never see the owners anyway.
Edited by fido on Friday 26th January 12:07
The fence is yours so if it blows down, your call if you want to mend it but it's not the neighbour's issue.
Our rear fence recently blew down on both sides. We had it repaired and I went halves with each neighbour for for each side. I've no idea who owns either fence and our title plan/register shows nothing and I can't be bothered to dig out the paperwork from when we purchased. Thankfully everyone was happy to split the bill. It should be like this everywhere, but then what happens if you want a cheap fence and your neighbour want a £3k one? I guess you each build your own.
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tty posts it’s there’s. Your fence you get the nice bit.