Neighbour's Refusal to replace fence

Neighbour's Refusal to replace fence

Postby theladsmith » Mon Mar 28, 2005 10:44 am

Hi,

Can anyone offer me some guidance with this problem. The fence at the bottom of our garden has totally rotted and now collapsed. Our deeds state the neighbour at the end of the garden is responsible for the upkeep/replacement of the fence. We have been round to ask the neighbour if she is planning to replace it as her 4 dogs are now free to roam our garden and harass our children, but she is point blankly refusing to replace it as she cannot afford to do anything. We got a quote ourselves to replace the fence and suggested to her that we pay 50% of the cost to help out if she can't afford it. Still she refuses to pay a single penny.

Is there any law to enforce upkeep of partitions/fences, especially when the partition in question is allowing animals free range of adjoining property?

Many thanks,

Chris Smith
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Postby despair » Mon Mar 28, 2005 2:56 pm

If her deeds require her to maintain a fence then yes she must do that

Equally as a dog owner she has a legal duty to prevent them entering your property and endangering your children

Best to warn her that its her responsibility to restain her dogs along with maintaining a fence irrespective of whether she can afford it

If she can own and feed 4 dogs she cant claim hardship

One way of solving your problem would be to search out a source of free pallets then secure them all together to form a fence
Put in a few posts and secure the pallets to it

Once stained/creosoted and with shrubs in front you will find its a cheap solution to a difficult problem that actually looks OK and she gets the horrible side while you get the good side
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Postby theladsmith » Mon Mar 28, 2005 4:29 pm

Many thanks for your reply, that's really helpful.
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