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Need help with Fence petition

BalaBala Posts: 113
edited July 2018 in Problem solving
My neighbour's fence fell on my side last year, blocking access to our garden, being dangerous for our kids and denying our privacy.   My repeated polite requests did not change anything as there is no legal requirement for the neighbour to fix the fence.  It has not been fixed till date. I have attached images below. 

If I were rich, I would have changed it myself but unfortunately I am not. 

Therefore, I have created a petition hoping that with enough support there is a possibility to make it a legal requirement for the home owners to fix their fence.  

If you feel that you have a right to access your garden, right to your privacy and is interested in make it a law, then I would request you to read and sign the petition below:

https://petition.parliament.uk/petitions/226324/sponsors/new?token=6ALKPZXDsjLGx7f0jCtg

Contents of my petition:

My petition:

Make it a legal requirement for Home Owners to repair their fence

When a neighbour's fence is broken and falls on your side there by blocking access, posing a dangerous safety hazard and denies your privacy, you are left with no choice but to live with it. Because there is no legal requirement for your neighbour/home owner to fix it.

Last year my neighbour's fence fell on my side of the garden and has not been fixed till now, leaving me and my family not being able to access our own garden, in addition to posing a safety hazard. While you can report a dangerous public structure to a council, you cannot do the same if it happens in your own backyard as there is no legal requirement for the Home Owner to fix it.

Thanks


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Posts

  • Pete.8Pete.8 Posts: 11,140
    Oh dear - that's not nice or neighbourly.
    First you need to find out who is responsible for maintaining the fence - and whoever that is, is responsible for fixing it.
    Some info here may help
    Good luck

    Billericay - Essex

    Knowledge is knowing that a tomato is a fruit.
    Wisdom is not putting it in a fruit salad.
  • DovefromaboveDovefromabove Posts: 86,989
    I'm sorry, I really don't wish to appear rude, but the answer seems straight forward to me.  

    Place your neighbour's property on his land.

    If you want a fence around your garden put one up yourself. 

     :) 


    Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.





  • ButtercupdaysButtercupdays Posts: 4,502
    edited July 2018
    Even if your petition succeeds it will not speed up the solution to your problem!

    I'm sure you would be within your rights if you were  to lift the fence and return it to your neighbour's side. Can you not get a couple of friends to help you just flip it over?

    That would restore access.
    A few posts and a relatively cheap wire fence would keep your children safe and then you could think of some ways to restore some privacy, perhaps with shrubs or a trellis with climbers or whatever.
    People on here would help with suggestions
  • fidgetbonesfidgetbones Posts: 17,441
    I agree with Dove. Every stick and panel of his fence can go on his land. That would stop it impinging on your land and use of your garden. Then it is up to you to fence it or not.
  • BalaBala Posts: 113
    Thanks Pete. The fallen side is my neighbour's responsibility.  I replaced mine last year as it was in bad shape too.

  • Kitty 2Kitty 2 Posts: 5,150
    Has it been left like that since it fell last year?
    I'd have flipped it back onto their side asap, and put something up on our side. As others have already said, posts and wire aren't overly expensive for a short run like that.

  • Pete.8Pete.8 Posts: 11,140
    I have zero legal expertise, but a friend had a similar problem and the article I refer to above helped him to persuade his neighbour to sort out his broken fence.
    You could speak with your local CAB (Citizens Advice Bureau) they may be able to advise the best way forward.

    Billericay - Essex

    Knowledge is knowing that a tomato is a fruit.
    Wisdom is not putting it in a fruit salad.
  • LynLyn Posts: 23,082
    Agree with above, If you don’t want it in your garden, put it in his, it’s his wood. 


    Gardening on the wild, windy west side of Dartmoor. 

  • LynLyn Posts: 23,082
    Isn’t the internet a wonderful place, there’s a solicitors add popped up in this thread, 
    Gardening on the wild, windy west side of Dartmoor. 

  • JellyfireJellyfire Posts: 1,139
    Agreed on the above, Id place it on his garden as a first step.

    Im no legal expert, but Id be amazed if there is any way you can force him to put a fence up. I think most of the legal advice in relation to who owns a fence is to stop people mistakenly paying to repair somebody else's boundary, or responsibilty for damage caused by it.

    I wouldn't have thought there is any requirement to actually have a fence unless its a specific covenant in the deeds though, so if he doesn't want to replace it, he doesn't have to. The fact that you maintain the other side is of the garden isnt really relevant I  doubt. If you want a fence then I think its probably you thats going to have to put one up
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