Fence - Who?

[Dylan123]

Hi,

As I look out from the back of my house, the fence on the left is down, one panel.

The posts are inside her garden.

She just spent thousands remodelling her entire garden. Just prior to this she complained about my trees (which have been there 80 years) because the seeds interfere with her gardening. I cut them to be a good citizen and it cost me £500. Right after this she spent about £15k remodelling. We are a skint family with young kids and that was money I barely had.

We knew the fence was dodgy and when we briefly spoke she acted like it was my problem.

I thought posts inside her garden meant her issue.

Any idea what the legal issue is. I’m less inclined to be nice now I spent £500 being nice to her as I assumed she was a hard up pensioner before she spend more money than I’ve ever had on a remodel just after complaining and asking me to pay for things which benefit her.

 

[cross thread]

Normally states on deeds who is responsible for a fence

 

[Dereekoo]

Normally states on deeds who is responsible for a fence

wouldn't same normally but can be otherwise its up for discussion/agreement and even if you agree whos fence it is they not duty bound to do something (they may like open plan. or there is some specific clause within the deeds re type/maintenance etc.)

 

[Murdochcat]

Also remember the home owner isn't legally responsible for maintaining most fences, BUT they are responsible for maintaining boundary marking.

Look at you deeds .......... if its not marked then common sense says its 50/50

 

[DAZB]

If it is wholly and definately on her land then it is her fence, you wouldn't be expected to pay for her driveway fixing would you ?

 

[johnny2007]

Also remember the home owner isn't legally responsible for maintaining most fences, BUT they are responsible for maintaining boundary marking

Exactly.
Once I was managing some tenanted properties and a neighbour wanted the landlord (my customer) to change his fence to match the better looking ones she had in her garden.
There was nothing wrong with the fence, so my customer refused.
She proceeded to take down the fence during a storm.
I was then called in and shown the deeds where indeed the boundary marking were the responsibility of my customer.
No mention of a barrier, fence or wall in the deeds.
So i simply used a wire going from post to post.
She called in a surveyor and even paid a solicitor to send a threatening letter .
She ended up building a fence in her garden and losing a 4 inch strip of her land.
Fool.

 

[Diver Fred]

convention says that the fence posts are on the (fence) owners side, but do refer to your deeds and any additions - don't tell her that.

Unfortunately many deeds don't mark the fence responsibility especially dividing ones between neighbours, instead leaving up to yourselves to sort it out. I'd say it's her problem.

 

[Drillbit]

The convention is if it's your fence, you put it up with the good side facing the neighbour - so if the posts are on her side, that points to it being her fence. I would put some temporary barrier in place and breezily mention that you have put it there as a stop gap measure until she has a chance to get it fixed. As it's just one panel, in the spirit of neighbourly relations I would add that I would be happy to put the panel up for her when she has had it delivered.

 

[big-all]

start out the front as there is more chance off individuality connecting the front wall/fence to the left or rhs and iff visible will translate to that side continued out the back

its also worth noting with any row off houses with a road the side each end one off the houses at one end or the other will own both sides

 

[Deluks]

Survey your neighbours on your side of the street, ask them which side of the garden is their fence, and which is their neighbours. Yours should be the same deal.