Laws regarding fence design/construction

Laws regarding fence design/construction

Postby TheWalkers » Sat Apr 26, 2014 6:47 pm

Our neighbours panel fence was blown down in the storms earlier this year. The fence ran all way down the side of the rear of the property providing privacy to both properties & gardens as it was solid panel and about 6ft high.

The replacement fence consists of regular vertical posts, still about 6ft high but horizontally there are just 3 thin slats to cover the full 6ft so there are huge gaps between them. Consequently there is no longer any privacy and her dog has free access to our garden.

Is this an acceptable fence replacement and is there anything we can do about this, in law?

Many thanks in anticipation.
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Re: Laws regarding fence design/construction

Postby MacadamB53 » Sat Apr 26, 2014 7:02 pm

Hi TheWalkers,

Is this an acceptable fence replacement

yes it is (it's not one I'd have chosen either...)

and is there anything we can do about this, in law?

not about the fence. imagine you've bought a car he doesn't like. that would not give him any lawful right make you do anything.

you can do something about the dog though. tell them it is a trespass which is unlawful. furthermore they have a lawful duty to keep the dog under control. they would be unable to do this whilstever the dog is in your garden - because to do so they would have to trespass. therefore they are not being a responsible dog owner.

talk it over and I'm sure you can come up with a solution.

Kind regards, Mac
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Re: Laws regarding fence design/construction

Postby despair » Sat Apr 26, 2014 10:41 pm

Dog owners are 100% responsible for retaining their dog

this is your best way forward
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Re: Laws regarding fence design/construction

Postby cobdale » Sun Apr 27, 2014 6:46 am

those solid fence panels ,whilst doing their job are a wind catcher and your neighbours have realised this ,hence the different type of fencing.if you spoke to them and maybe asked would they,or can you put some sort of mesh up alongside the fence to act as a barrier for the dog,that would sort your problem out
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Re: Laws regarding fence design/construction

Postby catapult1 » Mon Apr 28, 2014 4:02 am

I would just like to say something on the subject of fences and fence owners responsibility.

I have a friend who moved into a house (it is rented by a private LL) that at the time had a fully enclosed fenced garden and they chose this house partly because it had one as they have a dog.

The back neighbours (owner occupiers) fence blew down in the storms and he refused to replace it. After solicitors letters threatening to sue for loss of amienity and lawful enjoyment of her home, and the local authority getting involved he has been succesfully made to replace it.
My answers are not of a legal nature, only what I consider to be common sense.
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Re: Laws regarding fence design/construction

Postby cobdale » Mon Apr 28, 2014 7:03 am

catapult1 wrote:I would just like to say something on the subject of fences and fence owners responsibility.

I have a friend who moved into a house (it is rented by a private LL) that at the time had a fully enclosed fenced garden and they chose this house partly because it had one as they have a dog.

The back neighbours (owner occupiers) fence blew down in the storms and he refused to replace it. After solicitors letters threatening to sue for loss of amienity and lawful enjoyment of her home, and the local authority getting involved he has been succesfully made to replace it.

I think maybe your friends solicitor bluffed him catapult into putting up the exact fence
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Re: Laws regarding fence design/construction

Postby TheWalkers » Mon Apr 28, 2014 7:06 am

It's pretty much as we figured but thanks all for your prompt & informative replies. :)
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Re: Laws regarding fence design/construction

Postby catapult1 » Mon Apr 28, 2014 7:30 am

cobdale wrote:
catapult1 wrote:I would just like to say something on the subject of fences and fence owners responsibility.

I have a friend who moved into a house (it is rented by a private LL) that at the time had a fully enclosed fenced garden and they chose this house partly because it had one as they have a dog.

The back neighbours (owner occupiers) fence blew down in the storms and he refused to replace it. After solicitors letters threatening to sue for loss of amienity and lawful enjoyment of her home, and the local authority getting involved he has been succesfully made to replace it.

I think maybe your friends solicitor bluffed him catapult into putting up the exact fence


That may be so but what would you prefer, replace your fence or get sued for half your neighbours rent for a year. Everyone is so stuck on the 'you don't have to replace if you don't want to' mantra that everything else gets ignored.
My answers are not of a legal nature, only what I consider to be common sense.
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Re: Laws regarding fence design/construction

Postby MacadamB53 » Mon Apr 28, 2014 9:18 am

Hi catapult1,

Everyone is so stuck on the 'you don't have to replace if you don't want to' mantra that everything else gets ignored.

On what grounds would the neighbour be suing me if I chose not to erect a barrier on the edge of my land?

Kind regards, Mac
Last edited by MacadamB53 on Mon Apr 28, 2014 9:39 am, edited 1 time in total.
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Re: Laws regarding fence design/construction

Postby COGGY » Mon Apr 28, 2014 11:10 am

The neighbours do not have to fence but they do have an obligation to control their dog. The dog comes into the OP's garden. The neighbours need to take steps to contain their dog.

Kind regards
Coggy
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Re: Laws regarding fence design/construction

Postby arborlad » Mon Apr 28, 2014 12:03 pm

cobdale wrote:.if you spoke to them and maybe asked would they,or can you put some sort of mesh up alongside the fence to act as a barrier for the dog,that would sort your problem out



This is probably the quickest and best solution, if you can encourage the neighbour to do it of their own volition, so much the better, if not, donate something suitable to be fixed on the neighbours side of the fence.
arborlad

smile...it confuses people
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Re: Laws regarding fence design/construction

Postby catapult1 » Mon Apr 28, 2014 1:56 pm

MacadamB53 wrote:Hi catapult1,

Everyone is so stuck on the 'you don't have to replace if you don't want to' mantra that everything else gets ignored.

On what grounds would the neighbour be suing me if I chose not to erect a barrier on the edge of my land?

Kind regards, Mac


Loss of use and enjoyment of amenity. He had a choice. Pay half her rent for the time the fence was down and remained down or replace the fence. He replaced the fence.
My answers are not of a legal nature, only what I consider to be common sense.
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Re: Laws regarding fence design/construction

Postby MacadamB53 » Mon Apr 28, 2014 2:16 pm

Hi catapult1,

I'm not familiar enough with the specifics of your friend's circumstances, but it is my understanding that (unless there was something unusual about their setup) the claim is utter tosh, meaning your friend was suckered into it by some fancy legal jargon on headed paper.

Why was your friend being held responsible for their neighbour's land?

Kind regards, Mac
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Re: Laws regarding fence design/construction

Postby MacadamB53 » Mon Apr 28, 2014 3:32 pm

Hi nothingtodowithme,

everything in your last post is true bar one small detail - you've reversed the roles in this particular anecdote.

it was the "friend" who paid to avoid being sued and the neighbour was the bully.

Kind regards, Mac
edit: my mistake - sorry :oops:
Last edited by MacadamB53 on Mon Apr 28, 2014 3:59 pm, edited 1 time in total.
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Re: Laws regarding fence design/construction

Postby cobdale » Mon Apr 28, 2014 8:29 pm

catapult1 wrote:
cobdale wrote:
catapult1 wrote:I would just like to say something on the subject of fences and fence owners responsibility.

I have a friend who moved into a house (it is rented by a private LL) that at the time had a fully enclosed fenced garden and they chose this house partly because it had one as they have a dog.

The back neighbours (owner occupiers) fence blew down in the storms and he refused to replace it. After solicitors letters threatening to sue for loss of amienity and lawful enjoyment of her home, and the local authority getting involved he has been succesfully made to replace it.

I think maybe your friends solicitor bluffed him catapult into putting up the exact fence


That may be so but what would you prefer, replace your fence or get sued for half your neighbours rent for a year. Everyone is so stuck on the 'you don't have to replace if you don't want to' mantra that everything else gets ignored.
I dident mean he dident have to replace it catapult,I meant he dident have to replace it with the exact type of fence that blew down
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