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Old Fence

dizzyb555dizzyb555 Posts: 4
in Problem solving
Yep, another boundary question. 

Over 10yrs ago I put up a 6ft fence which was on the neighbours boundary.  Today they've informed me by letter that the fence posts need replacing and as I had put the fence up its my problem.   It is their boundary and Im under the impression that despite me putting it up it's not my responsibility especially after all this time. 

Any one have experience of this?

Thanks
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Posts

  • K67K67 Posts: 2,507
    Think you need to look at your deeds to see which fences you are responsible for. Its usually marked with a T. If you don't have your deeds they cost £3 to download, you can also download your neighbours from the land registry.




  • thefoostybadgerthefoostybadger Posts: 16
    As far as i know, you own the fence and if it is unsafe in any way it is your responsibility to remedy that.

    Of course you can replace (if needed) with something of your choosing; for example boundaries can be marked with something as simple as a line of rope, (assuming no animals such as dogs are present in either household).
  • dizzyb555dizzyb555 Posts: 4
    Thank you for your replies.  It is their boundary, vthats not the argument.  I put the fence up because they wouldn't put one up and I had a small child.  Now it's rotting (so long up) they want me to fix it.  
  • Sonny4Sonny4 Posts: 20
    I don’t believe there’s any need for either neighbour to mark the boundary at all! It’s your fence, and if you want to let it rot that’s your choice. The neighbours can’t touch it, either, without your permission. So, if they want a new fence, they’ll have to pay for it themselves; either by asking your permission to replace/repair the existing one, or building their own next to yours.

    I’d be quite firm with them, these neighbours seem like right cheeky gits.
  • dizzyb555dizzyb555 Posts: 4
    Thanks, it doesn't help I'm mid terrace and the other side has come down and that neighbour wants me to fix that fence too. 
  • DovefromaboveDovefromabove Posts: 86,096
    I don’t think it matters what they want. Unless it says in your deeds that you have to erect and maintain a fence on a particular boundary they are whistling in the wind. They can’t make you do anything.

    If they want a fence they’ll have to put one up ... on their land, not on yours. 

    Check with your solicitor and see what your deeds say, then you’ll know your legal position and can relax. 

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





  • thefoostybadgerthefoostybadger Posts: 16
     When I read the OP I didn't immediately consider the neighbours might simply be looking for a quick freebie; apologies if that is what's going on here.

     Agree if neighbours want a fence on their land, they obviously have to pay for and erect one themselves.

    If on the other hand if the fence that you own, due a state of disrepair, (that they know that you know about), causes any damage to them or their property if/when it topples into their garden, then you (i think) would be liable. Now whether your insurance, via Legal Cover, are inclined to cover that liability given the circumstances is another debate.

    As above a quick, (initial consultations are often free) chat with a solicitor is your best bet.

    Also as above, you could simply take it down if the state of (dis)repair makes it unsafe for presumably the parties on both sides of it.
  • JennyJJennyJ Posts: 9,594
    As I understand it, if a boundary is the neighbour's resonsibility then it stays that way even if you've put a fence on it. If the boundary is your responsiblity, or if the fence is not on the boundary but within your land, then it's yours to replace, remove or leave  as you choose, as long as it's not unsafe. As others have said, you need to check the deeds. It would be unusual if you were responsible for both sides, but you need to check.
    Doncaster, South Yorkshire. Soil type: sandy, well-drained
  • thefoostybadgerthefoostybadger Posts: 16
    The boundary issue is seperate, and may be complicating the issue for the OP.

     Even if the deeds show that the OP's neighbour is responsible for the boundary, the OP is still responsible for the the fence that they built.

    That doesn't mean to say they have to do anything about it; they can choose to do nothing with/to their fence.

    But they have a responsibility for it in the same way as (say) a trampoline that blows over a fence causing damage, or a roof tile that hits your postie on the head.

    Building a fence on someone's boundary doesn't transfer the responsibility of upkeep, maintenance etc.
  • JennyJJennyJ Posts: 9,594
    On one of the other threads, someone has been told by a lawyer that it does.
    Doncaster, South Yorkshire. Soil type: sandy, well-drained
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