Who should fix the fence?
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Discussion

davek_964

Original Poster:

10,574 posts

197 months

Friday 26th January 2024
quotequote all
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?

randlemarcus

13,644 posts

253 months

Friday 26th January 2024
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Logic says it's firmly on you as the fence installer, and firmly on subsequent owners unless they can persuade the neighbours to share, regardless of placement

TooLateForAName

4,902 posts

206 months

Friday 26th January 2024
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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

durbster

11,730 posts

244 months

Friday 26th January 2024
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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. biggrin

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.

hyperblue

2,850 posts

202 months

Friday 26th January 2024
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From your neighbours perspective… nextdoor wants us to replace a fence he put up to stop him getting angry at us short cutting across his property. Good luck with that one wink

fido

18,327 posts

277 months

Friday 26th January 2024
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>> 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.

Edited by fido on Friday 26th January 12:07

Yellow Lizud

2,779 posts

186 months

Friday 26th January 2024
quotequote all
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
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. biggrin
I think the two quotes above sum up the situation perfectly, with special attention to the bit in bold.

dundarach

5,930 posts

250 months

Friday 26th January 2024
quotequote all
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


davek_964

Original Poster:

10,574 posts

197 months

Friday 26th January 2024
quotequote all

Both my house and the neighbours house are rented out these days. So I think this is probably the solution I'll go for :

dundarach said:
...let if fall down

Sebring440

3,033 posts

118 months

Friday 26th January 2024
quotequote all
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 :

dundarach said:
...let if fall down
You sound like a real charmer. I'm glad you're not my neighbour.



davek_964

Original Poster:

10,574 posts

197 months

Friday 26th January 2024
quotequote all
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 :

dundarach said:
...let if fall down
You sound like a real charmer. I'm glad you're not my neighbour.
I got annoyed because people were walking across my driveway, very close to an expensive car that I was particular about where I parked it. Personally, I don't think it's unreasonable to put a border up to prevent them trespassing on my property because they're too lazy to walk another 10ft.

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

MBVitoria

2,533 posts

245 months

Friday 26th January 2024
quotequote all
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
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.

Edited by fido on Friday 26th January 12:07
This - there's no obligation on anyone to fence their boundaries (special cases like fields with bulls etc aside).

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.

Super Sonic

11,778 posts

76 months

Friday 26th January 2024
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Sebring440 said:
You sound like a real charmer. I'm glad you're not my neighbour.
Or landlord!

BoRED S2upid

20,913 posts

262 months

Friday 26th January 2024
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Who’s got the nice bit of the fence? If it’s you it’s your fence if you have the stty posts it’s there’s. Your fence you get the nice bit.

Wackywoo105

428 posts

112 months

Friday 26th January 2024
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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.