garden fence

[uko987]

i hope that someone can help. our rear garden fence on the left and side is in a very bad state of repair and liable to fall down. we have a three year old daughter, and we are worried about this. we own our house but the house next door is a housing trust property. we have contacted the trust about the fence but they will not help and there inspector has failed to turn up twice. we have offered to pay for half of the fence and the trust pay for the other half and we will do all the work.
can someone offer some advice i.e: who owns the fence, and can i take legal action against the housing trust ect.

[patdavies]

You need to find out from your deeds who has responsibility for the fence. If the neighbouring property are not liable, why should they pay half (and vice-versa). Who paid for the fence that is there now? Whose property are the fence posts on?

Be aware that so-called conventions of left or right hand side of the garden and/or which way the fence faces are complete urban myths.

[poppynurse]

You need to check you deeds to establish which fences are yours.

If the frence is yours you have to sort it.

If the fence belongs to the housing trust then they are under no obligation to fence a property, as far as I am aware no-one can be made to fence their land unless required to by the deeds/covenants. If the fence is dangerous I would suggest that they have an obligation to make it safe - but this does not mean secure enough to keep a three year old in your garden.

You can always erect your own fence on your side of their fence if they are unwilling to compromise.

[uko987]

the fence has always been there since we bought the house. and the fence posts are right on the boundry line.

[poppynurse]

But it's the deeds that matter - you should have a copy of the plan in your house buying paperwork from the solicitor.

[raydetinu]

Yep check deeds first to see who owns it; if not clear or a party fence/wall then just write giving them 14 days to reply that you are giong to replace the fence. If party fence or wall they do not have to contribute but they also cannot stop you replacing it without reasonable cause.

[Weird Al Yankovic]

Try this- Garden Law - Boundaries - walls and fences

[Aequitas]

This thread on Garden Law deals specifically with fencing obligations:

Garden Law Discussion :: View topic - Fencing and other positive covenants

[patdavies]

Originally Posted by raydetinu

Yep check deeds first to see who owns it; if not clear or a party fence/wall then just write giving them 14 days to reply that you are giong to replace the fence. If party fence or wall they do not have to contribute but they also cannot stop you replacing it without reasonable cause.

Sorry, not so.

If it is a party (ie shared) fence then both parties must agree.

In the absence of agreement, one party cannot act unilaterally. He/she can only erect a fence within their own boundary. If they erect a fence on the neighbour's side of the boundary, then the fence becomes the neighbour's property - regardless of who paid for/erected the fence.

However, as has been pointed out above, even if the HA are liable, there is nothing in law that says that they have to erect any sort of fence - never mind one to retain a 3-yr old.

[uko987]

i have obtained a copy of my deeds and it clearly shows that the fence is on there property. Also the fence is not there to keep my three year old in, the fence is unsafe!!!!!!!!!!!

[raydetinu]

This is all best done by agreement, discuss with neighbour; but I suspect they will say by all means put fence up, as long as you pay for it. Then it will be up to you. You can put fence up on property bondary line with their agreement or put it just inside on your property. You cant make them maintain their fence though.
IMO You can repair or replace fence if the fence is a party wall fence,i.e. jointly owned. just by giving notice.

[poppynurse]

If their fence is unsafe you could try writing to them and advising them that you consider the fence to be unsafe (include pics) and should anyone be injured by it you will be seeking damages - they have a duty of care to anyone who may come into contact with it.

[AliasOmega]

How long is the fence, fence panels are cheap from B&Q, about £12-15 each.

Less than £100, fence could be carried out by a competent DIY person with the help from next door.