Fence damage
Author
Discussion

gotoPzero

Original Poster:

20,671 posts

218 months

Wednesday 21st September 2022
quotequote all
Not sure if this is the right place or home and DIY?

I have some damage to a garden fence. Neighboring property (common area) have allowed an overgrown area to grow even more and its now put so much pressure on the fence that its leaning and in places its bulging.

The property with the over grown area is owned by a LTD company within the management company for the estate and I contacted them and told them about this issue about a year ago. I have now had emails back and forth and not getting anywhere.

I am also worried that the over grown area might be damaging the wall to my garage. I have been round to take a look but its so thick I cant get through to see.

FWIW the management company used to trim the area once a year until covid and its not been done since.

Any advice re my legal position?

MustangGT

13,826 posts

309 months

Wednesday 21st September 2022
quotequote all
My first question is : Who owns the fence?

If you, then you need to fix it, I would also suggest clearing the overgrown bit away from the fence (do it from your side).

If them, then request they sort it out.

Pica-Pica

16,551 posts

113 months

Wednesday 21st September 2022
quotequote all
Report to the council, whether private or a business.

If the OP is the fence owner, I don’t see why they have to fix it at their expense. By all means fix it, if there is a danger (escaping pets or children for example), but present a bill to them.

gotoPzero

Original Poster:

20,671 posts

218 months

Wednesday 21st September 2022
quotequote all
I am not entirely sure who owns it. The management company say I own it. There is a concrete edging stone which IMHO is the edge of my property - the fence is on their side of the stone. But thats not my worry really its more if the fence comes down on my car!

If thats the case then surely they should keep the area maintained as to prevent damage to peoples property?

Also is it ok for me to hack at other peoples property?


gotoPzero

Original Poster:

20,671 posts

218 months

Wednesday 21st September 2022
quotequote all
Also just to mention when I moved in the fence was not in great condition, previous owners had not touched it in 10 years, I emailed the management company to ask if it was mine or theirs and they said it was mine so I had a landscaper replace the feather edge boards at my own cost. He also replaced a couple of posts which didn't look good. The fence is not short its about a 20m run so it wasn't cheap.

SlimJim16v

8,075 posts

172 months

Wednesday 21st September 2022
quotequote all
Just lean over the fence and spray it with the strongest weed killer you can get.

gotoPzero

Original Poster:

20,671 posts

218 months

Wednesday 21st September 2022
quotequote all
SlimJim16v said:
Just lean over the fence and spray it with the strongest weed killer you can get.
Whilst I have no issue doing that it wont fix my fence.

Pica-Pica

16,551 posts

113 months

Wednesday 21st September 2022
quotequote all
gotoPzero said:
I am not entirely sure who owns it. The management company say I own it. There is a concrete edging stone which IMHO is the edge of my property - the fence is on their side of the stone. But thats not my worry really its more if the fence comes down on my car!

If thats the case then surely they should keep the area maintained as to prevent damage to peoples property?

Also is it ok for me to hack at other peoples property?
Normally there is a T mark on a boundary, indicating who is responsible for its up keep. I can’t remember which way the T has to face to indicate the responsible property owner.

See
https://www.land-search-online.co.uk/information/t...

Whether it clarifies anything, I’m not sure.

Chozza

808 posts

181 months

Wednesday 21st September 2022
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If It's your fence and your garage wall as you have described then it's your responsibility.

You might have to access the common area to carry out some maintenance, but since it's a common area this doesn't appear to be a problem.






Vasco

18,009 posts

134 months

Wednesday 21st September 2022
quotequote all
You need to check the land registry plans.

E-bmw

13,345 posts

181 months

Wednesday 21st September 2022
quotequote all
Vasco said:
You need to check the land registry plans.
Is the right answer.

They are downloadable online for just a few £ it will also give you a full magazine of ammo if it is theirs, so nothing to lose.

OutInTheShed

14,407 posts

55 months

Wednesday 21st September 2022
quotequote all
Vasco said:
You need to check the land registry plans.
That's a start, but they tend not to define things to the nearest inch.

A mate of mine had an issue years ago with built-up soil and plants against his garage wall.
His garage was actually inside the boundary by 6 inches or a foot. He had to clarify this, then clear his little strip of land, then get his neighbour to keep their crap off of it.

Pica-Pica

16,551 posts

113 months

Wednesday 21st September 2022
quotequote all
SlimJim16v said:
Just lean over the fence and spray it with the strongest weed killer you can get.
We had a neighbour that we called ‘Agent Orange’ because of his over-keenness with herbicides.

gotoPzero

Original Poster:

20,671 posts

218 months

Wednesday 21st September 2022
quotequote all
Chozza said:
If It's your fence and your garage wall as you have described then it's your responsibility.

You might have to access the common area to carry out some maintenance, but since it's a common area this doesn't appear to be a problem.
But its not my property?

Plus I would be cutting down plants that are not mine?


gotoPzero

Original Poster:

20,671 posts

218 months

Wednesday 21st September 2022
quotequote all
E-bmw said:
Vasco said:
You need to check the land registry plans.
Is the right answer.

They are downloadable online for just a few £ it will also give you a full magazine of ammo if it is theirs, so nothing to lose.
I have, what I assume to be, the LR plan of the property and there is a red line that shows the edge of my property. It runs from the corner of my garage to the corner of next doors garage. Exactly where this line is there is a grey concrete strip. The fence is on the other side of that strip so IMHO the fence is actually not on my property.

I guess the fence could still be mine? Who knows its all getting complicated!!

I have a pic let me dig it out.

gotoPzero

Original Poster:

20,671 posts

218 months

Wednesday 21st September 2022
quotequote all
Cant find the document with the red line just to hand mrs has filed it away somewhere but here is a plan showing what its like.



Here is a photo from a while ago showing where the fence was. Today its about 3-4 inches past the grey concrete line bulging outwards. Its dark now so you will have to use your imagination!


MustangGT

13,826 posts

309 months

Wednesday 21st September 2022
quotequote all
Ownership of a fence is normally easy, the owner has the 'wrong' side on their side, the 'good' side is facing the neighbour.

Silvanus

6,910 posts

52 months

Wednesday 21st September 2022
quotequote all
MustangGT said:
Ownership of a fence is normally easy, the owner has the 'wrong' side on their side, the 'good' side is facing the neighbour.
nope, not a particularly good way of determining the ownership of a fence, I know of plenty of cases where that isn't true.

Chrisgr31

14,275 posts

284 months

Wednesday 21st September 2022
quotequote all
Reality is the management company will have no interest in it as its a hassle and expense and who is going to pay them to do it. I would get over the other side of the fence and clear a foot or two. If worried about it email them first and say you need to do maintenance on the fence which will involve clearing a 2 ft path behind it asking them to object if they mind. They won't so do it. Once done keep it clear

E-bmw

13,345 posts

181 months

Thursday 22nd September 2022
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Silvanus said:
MustangGT said:
Ownership of a fence is normally easy, the owner has the 'wrong' side on their side, the 'good' side is facing the neighbour.
nope, not a particularly good way of determining the ownership of a fence, I know of plenty of cases where that isn't true.
Generally true but not always the case, the actual "ownership" is always described in the land registry report.