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flflflflflfl | 20:21 Sat 13th Oct 2007 | Home & Garden
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My neighbours fence has come down on more than one occasion, and due to her husband dying a few years ago, my now ex partner has put her existing fence back up every time and has even bought a new panel and post on one occasion. Last Febuary,it came down again and i asked him to put it back up for her.the bottom was too damadged so he took it to the dump as he had a van. She had seen the fence when it came down. In a conversation with her at the time i said i didn't know who owned the fence and very quickly she said we could go halves but my ex would have to collect the panels. I said that should be ok. He did go out of his way (remember he's my ex!) but due to a shortage of fences the attempt was futile. I told her this and said we would get them as soon as we could. She was starting to get pushy and as my ex kept saying to me he thought it was her fence anyway, i finally found paperwork from when we bought the house which confirms it is her fence.My ex then refused to get the panels. I told her this in April . Some time after, she said she had been told by fence company she would have to wait untill August. I have spoken to people that have bought/seen people buy panels etc and it is now October. She has put a grass type screen up but i have a dog and it is not adequate as he can get under it easily,and from her garden he gains access to other peoples gardens also. i cant leave him un-attended for this reason, it is also an eyesore (part fence part screen).Has dumping the fence left me responsable for replacing it? Can anyone advise me what to do as i am need to sell my house next year( she knows this and i do think she is waiting for me to give in for this reason).
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Unless there is anything in her covenants on the title deeds that say otherwise she can do what she likes with the fence.

Her only obligation is that any fence is safe inasmuch as it won't collapse on anyone.

She can take it down entirely if she wishes. She does not have to replace it.

Anything she does put up does not have to be child proof or dog proof, unless of course she has dogs or children.

You can put a fence up on your side, if you wish and indeed you should to keep your dog in.
personally if i was doing the proffessional job id probably just sdvise you putting a fence on your side, screen it off you have whatever you want i.e dog proof and everything else is your neighbours problem as the fence is legally hers there isnt much she can do
How old is your neighbour? Is she elderly? Living alone? Would she really have any idea about fences? I know my Auntie wouldn't!! Either replace the fence panel yourself or put up a new fence on your side of the dividing line. It's not really your neighbours problem to keep your dog in your garden - that's your responsibility.
I agree with the others. She may well be responsible for the boundary, but that generally does not mean she has to replace the fence - she is quite entitled to leave it unfenced if she wishes.

I would say that for the price of replacing the panel I would just do it myself, partlicularly if you are looking to sell up soon. You can get a standard fence panel for about �20. If you can get her to go halves then all the better.
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thanks for the sensible answers-much appreciated. As for spud queen(nice name by the way), my neighbour is 60, still works, has a large family who are around regularly(including men who 'could' put up a fence) and probably knows more about fences than i do.Oh, and she has just bought herself a golden retriever puppy. If your auntie doesn't know anything about fences i suggest you visit her a bit more and keep her informed.

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