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garden fencing.

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shihtzublue | 22:36 Fri 10th Feb 2012 | Law
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I have asked this question in home and garden and I am gratefull for the answers but something niggles me that it may not be right.

If a fence blows down in the wind, who is responsible for replacing it or does the neighbour not have to do anything about it.
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If it's the neighbour's fence, it's his responsibility to put it up if he wants a fence - there is no obligation (IMO) to fence a property as long as you know where the boundary lies, without one.
You got good answers to your other post - I don't think you'll get anything better here.
The owner of the fence is responsible for replacing it.
In the other thread it's clear that OP wants to keep their dog in - so they need to fence, the neighbour doesn't have to keep the OP's dog out.
For what it is worth, if you have a wooden fence with wooden posts, the posts should be on the side of the owners property. It is important that you mark the boundary ASAP before all fencing is removed.
Question Author
Thanks for the answers. It seems that I was not the only one who wasn't sure who was responsible.

The Posts are still there except one, it is just the fence panels that have been removed because they fell down in my garden.

I will see if I can come to some arrangement with him to go half each. I wont hold my breath but hey it's worth a go.

I suppose you could argue that if they don't want my dog in their garden, then they should do something to keep her out . Having said that, I am too fond of her to let her wander in there.
You own the dog and you are responsible for keeping her safe and *inside* your property boundaries.

I'm sorry you don't like the answers you have received.

An incidentally smptrds answer is not necessarily correct.
Question Author
I apprecaite all the answers. I just don't like them because it is going to cost me.
the posts of a fence can be on any side the owner chooses... they are under no obligation to put the nice side on the neighbours side... why would they be?

i know if i spent a lot of money on a nice fence i wouldnt give two hoots about the neighbours view of it and would put the nice side in my garden

this seems to be a common misconception, cannot understand where it came from really...
"I apprecaite (sic) all the answers. I just don't like them because it is going to cost me."


Might be cheaper to get rid of the dog then? Just a thought!
Question Author
twenty20 That is definately not an option. She is a sweety and 12yrs old.

Her and her sister who I lost two years ago have got me through a difficult few years. NO! She is here to stay.

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