Boundary Line - Damaged fence and responsibility for repairs

[Heckler]

I bought a house last year and the fence between mine and my neighbours properties was damaged, and looked like it had been for some time. The house was a repossession and had been empty for about a year.

 

In the searches and deeds, it clearly defines the damaged property line as the responsibility of the property next door.

 

I spoke with the people living there and discovered that they are tenants of Spire housing. They informed me they would speak to them about repairing the boundary fence.

 

That was last October, since then they have told me repeatedly that some one has been out to inspect it and it would be fixed.

 

As I was getting fed up with nothing happening I put in a complaint to Spire housing and they have informed me that it is the tenants responsibility to maintain the boundary line.

 

The tenants still claim that Spire homes have been to inspect it and will be fixing it (Spire homes have no record of any maintenance report filed on this matter or anything filed by these tenants at all in the last 12 months).

 

My rear garden is completely open to them and they frequent wander in and out of it... I'm currently out of work and can't afford to replace the fence myself... I've just had all the guttering and fascia boards replaced and have other more pressing repairs that are more of a priority.

 

I'd like to know where I stand legally. I've written a letter of complaint to Spire homes in the hope that they will escalate the issue. Do they have an obligation to replace the missing fence, even if that means charging the tenants for their work. The property owner is legally responsible for maintaining the boundary line.. I don't care if it's a 6ft fence or a hedge... so long a it is clearly defined and stops them wandering into my garden as they please.

 

 

If this is not the correct forum, please let me know and I will try and get an admin to move it to the right place.

[Kentish Lass]

I believe you are correct in stating that it is the owner of the boundary line who is responsible for the fence.

 

If they have made the boundary line the responsibility of the tenant, that is between them and the tenant!

 

I honestly do not know how you can force them to accept their reponsibilities in this matter and replace the fence. I think you may need to speak to a solicitor - short consultation should not cost too much - and possibly get them to write a letter to Spire.

 

Boundary disputes are notorious for turning into marathons, so you may consider putting up your own fence - a low wire fence should be adequate to keep them out (and I suspect this is all the owners would do anyway) - no need for an expensive fence. You could then send them the bill. Of course a row of leylandii would do the trick very quickly!!

[Heckler]

I'll print of the letter to spire and hand deliver it to their head of maintenance, who I wrote to before. I know for a fact that they wrote to them about it last time... I'm gonna ask for a copy of the letter sent to the tenants and a copy of the relevant section of the tenancy agreement covering this... For all I know spire could be lying to avoid the expense too.

 

I can't stand leylandii... there's some at the bottom of the garden behind me and last time they trimmed them back a 6ft section of tree landed in my garden... But the previous owners never did any basic maintenance on the house or garden... and the rear and other side fence are my responsibility... and I get on great with the neighbours on the other side, so replacing that fence that is my responsibility is higher on my list, then the rear fence... then speak to those neighbours and see about removing the trees altogether, they're only there because the previous owners put up a ****ty corrugated iron fence and it's rusty and horrible.

 

But these are some of the problems you get when buying a repo.

[Kentish Lass]

I was joking about the leylandii - I too hate them in a domestic setting - although I have seen them used (and properly maintained) as a great windbreak for a field - which is of course the proper use for them.

 

I hope you get it sorted without too much hassle. It really is Spire's responsibility to maintain the fence - and I find it strange that a housing association would expect the tenant to replace a fence which was probably not there when they moved in!

[Heckler]

From what my other neighbours have said the woman's previous boyfriend (of which there have been many apparently) put the fence up, and it looks like a section has been removed and used to repair the other side. So If they put the fence up, I can understand spire saying it's their responsibility.

 

According to neighbours (whose daughter used to own the house) the previous boyfriend tapped into the electricity they'd run to the shed and ran all their garden lights from it... I've had it disconnected at the fuse box until such a time as I can bury some proper shielded cable to the shed and do it right.

 

A wind break would be fine though, the rear I'm at the top of the local area and we do get a funnel effect with wind across the rear gardens... Perhaps I should plant some myself and try to keep them at no more than 8ft... Got one of those black and decker power saws.