Neighbours ignoring their responsibility

[harleyrabbit*123]

Hi, hoping someone can give me some advice...

 

Neighbour's Garden Fence

Our rear garden has a boundary fence to our neighbours garden (they own the boundary fence). Since we moved in last year, the fence between is in an extremely poor state and needs complete replacement.

Their garden is overgrown and the fence falling down and during the winter the fence has been damaged further. In heavy winds, the fence shifts and falls into our garden by about 2-3 feet. Even with slight wind, it bows into our garden and is disjointed and creaks heavily.

We cannot use our side gate at all because the posts are broken. The side gate has to be barricaded with bricks to hold it and we have no access to our garden this way.

We have to hold the fence up with paving slabs and bricks to stop in falling inwards on our garden.

We have 2 small pets who cannot be let out into the garden unless we block all the gaps up along this fence and stack bricks against the side gate every time we let them out because the fence is bent, gapping and the side gate does not meet the fence post .

This is dangerous in case it falls, and I do not think it fair that we suffer and our pets are at risk of escaping therefore cannot be let out.

It really does need replacing and we have written two very polite letters to them to request so. It also looks really unsightly from our side.

I apporached our council and they say its a 'civil matter' therefore cannot get involved.

The trees alongside the fence by the side of their house also push the fence and are overgrown but we cannot get to them to trim them down to stop them overgrowing into our garden. Their garden is very unkempt.

Leaking Water Tank Overflow Pipe

Finally, for a few weeks now we have noticed that their water tank overflow pipe at the back of their house is leaking quite substantially from the roof. Although this is not a problem during the day as much as it seems to slow down (I presume because they are using water more frequently), at night we can hear it from our bedroom and there is quite a significant amount of water flowing out constantly. It is very loud and we cannot even have the window open as it is only a few meters away from our house. We assumed this would be repaired but its nearly been a month that we have had to listen to gushing water from an overflow pipe right outside our bedroom window.

We have mentioned this in the letters about the fence but its still leaking...

Help please, greatly appreciated! Don't know what to do anymore, they don't act upon our letters and they don't answer the door.

[SharpmanTF1]

Have A Look on here

Boundary Problems

 

it sheds some light on your predicament

[harleyrabbit*123]

Thank you; I will have a good look through this.

[car nut]

just because it is his boundary he does not have to but a fence up.we had a simalar proplem as we had a new bloke move in with a dog and he wanted us to but a fence up so his dog didnt get out.we pointed out to him that it was up to him to keep his dog under control and of our land.after a couple of times his dog came over and messed on our garden we took photos and told him that we would report him for failing to control his dog.he then asked if we would allow him to but a fence up to which we said yes.we still had to listen to his dog barking for 2 years till we moved.

[harleyrabbit*123]

Car nut - I'm not sure I agree with your point but I understand the principle. If the fence is already there, and was when he bought the property, and it has since fell into complete disrepair, then that is his responsibility to sort out. Especially when it is intruding onto our garden and has broken our side gate around the side of the house.

 

Does anyone else have advice; this still remains unresolved?

[Bookworm]

Can't you put up a fence on your side?

 

We have the same problem where the old neighbours were in a terrible state of health so couldn't do it (we didn't mind that too much), now they're gone, new neighbours and they haven't done a single thing to fix things, and the broken fences are leaning into my bamboos . What we have done is put fences and trellis which push theirs away from our side, and if the rotted one falls apart as a consequence, well that really doesn't concern me.

 

That's really the best advice I can give under the circumstances that won't leave you potentially very out of pocket.

[harleyrabbit*123]

Hi, thanks for your advice. I don't really want to go to the expense of putting up a new fence on our side; it's not our fault their fence is broken and they should take responsibility for it because it's part of their land. Plus, our garden is patio all the way along the fence and therefore would be difficult to put new fence posts in.

I think I may just have to persist with trying to talk to them and maybe give in and offer 50/50 to replace it maybe. Although we will require an entire new gate which I bet they won' t agree to replace .

 

Thanks for all advice here.

[car nut]

yes the fence might be a eye sore and falling down but i dont think you have to have a fence on your boundary.also if i but a 3 foot fence up and your dog jumped over it its up to you to make it secure.he might just take the hole thing down if you moan to much!then when your dog goes in his garden he be moaning at you and if your dog bit him /kids you could have big proplems.

the best thing to do is to talk to him but he might not have any cash for a new fence

good luck

[Drexl Spivey]

The water problem, he has to get fixed , as it falls under waste of water legislation. A water company can get a warrant to get it done if he fails to heed their notification under : Water Industry Act section 75

 

Water Industry Act 1991 (c. 56)

 

Just contact your council and they will tell you which water company is responsible for your area. Contact that water company and they will send someone to investigate. Then the perpetrator gets his initial notification to fix it within 21 days . If he doesn't , they start legal proceedings.

[Drexl Spivey]

Here is some information as to what they can expect , if they don't do it within 21 days. From 3 valley water company :

 

What will happen if I don’t repair the leak?

It is our responsibility to prevent any loss of water and notify the responsible parties any leakage we detect. Ideally the responsible person or company will arrange to carry out the repair, arranging the contractor of their choice and agreeing a price. However, if the leak is not repaired, we may serve a legal notice under section 75 of the Water Industry Act 1991.

This formal notice advises owners to repair the leak within 8 days of writing. If we have not been advised of a repair in this time, we will then arrange a repair ourselves. If necessary, we are able to gain a warrant in order to gain access to the property. The repair will be carried out by contractors of our choosing and all costs incurred by us will be charged to the property owner. Please help to avoid any unnecessary expense and legal action by arranging your repair promptly.