Neighbours fence falling apart into our garden...

Neighbours fence falling apart into our garden...

Postby lisap470 » Sun Jul 13, 2014 11:45 am

Hi
Hope someone can offer some advice re the state of our neighbours fence.
The property is rented out and the most recent tenant has just been evicted leaving the property, including the garden, in a terrible state. The fence that runs between our gardens is owned by them and to be honest may as well not be there as it's nothing more than 4ft high badly broken chicken wire with a 5ft panel at either end.
The posts that hold it up are literally coming out the ground and falling inwards on my garden and the panels at either end of the garden are hanging right in as well.
There are weedy shrubs growing on their side which is pushing through to our side, we do cut this back but the force of them growing is pushing the fence more into our garden.
Anyway I spoke to the letting agents a few times since they've turned up to sort the place out before letting it again, and have said the state of the fence is not acceptable as it's falling into our garden and basically dangerous with all the wire poking out. I was told the landlady isn't going to do anything about it as she's had enough expense with sorting the inside of the house out.
I know we could erect a fence on our side, but the problem there is we have 6 huge tree stumps that run about 10" inside our boundary so getting a fence up will cost a fortune what with negotiating all the roots (the boundary is 45ft long) and we are just not in a financial position to afford it.

I did also let the agent know we will be getting a dog in a couple of months time and that if it wanders into their garden due to the fence being so broken and it annoys their tenants then so be it, he then said if we get a dog we would be legally obliged to put a fence up to keep it off their property?

Oh well it looks like we're going to be getting more scummy neighbours moving in because in my opinion if you rent out a property that looks like the owner doesn't care less about it then the tenants won't either, so we're pretty desperate to get something up so at least we won't have to see the state of the place any more.

Forgot to add we did put up 2m screening all the way along last year which lasted throughout the summer, but with the fence it was attached to being so broken and the gales in the winter it ended up getting totally destroyed!

Thanks for any advice
Lisa
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Re: Neighbours fence falling apart into our garden...

Postby Geometer » Sun Jul 13, 2014 12:15 pm

lisap470 wrote:
I did also let the agent know we will be getting a dog in a couple of months time and that if it wanders into their garden due to the fence being so broken and it annoys their tenants then so be it, he then said if we get a dog we would be legally obliged to put a fence up to keep it off their property?

The letting agent is correct, you are responsible for retaining your dog on your own property.

I don't think there's much you can do here, other than put up your own fence. Nobody is obliged to fence their own property (unless they need to keep animals from straying), and nobody is obliged to maintain any fence to any particular standard.
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Re: Neighbours fence falling apart into our garden...

Postby despair » Sun Jul 13, 2014 12:31 pm

Owning and caring for a dog is an expensive commitment and the letting agent is correct retaining it is your responsibility

However my heart does not bleed for the landlady since if she vetted her tenants correctly in the first place instead of allowing letting agent free reign she would not have the expense inside and currently BTL landlords are coining it in with every kind of tax relief and cheap mortgages going

So i would push her entire broken rotten fence back well into her garden

go and aquire a load of pallets from tilke shops , glass merchants /freegle etc plus some metal chain link posts which can be hammered into the ground

Use a little ingenious diy /carpentry to nail or screw the pallets together

good side towards you with chain link posts slotted in through the gap between good side and bad

give the pallets a good coat of cheap fence paint from likes of Asda /B and Q

and then you can enjoy your garden

but remember big dogs can jump over 3 ft high fences
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Re: Neighbours fence falling apart into our garden...

Postby lisap470 » Sun Jul 13, 2014 12:34 pm

What about the issue of the fence falling apart all over our property? Surely as it's their property they are legally obliged to prevent it from getting on our land? I know as it doesn't belong to us we can't remove it, so what do we do when it's laying in our garden?
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Re: Neighbours fence falling apart into our garden...

Postby despair » Sun Jul 13, 2014 1:35 pm

i have already told you flip it /push it back well onto her garden
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Re: Neighbours fence falling apart into our garden...

Postby MacadamB53 » Sun Jul 13, 2014 1:47 pm

Hi lisa,

What about the issue of the fence falling apart all over our property?

if it's falling onto your property then pick it up and return it to the owner.

Surely as it's their property they are legally obliged to prevent it from getting on our land?

if it's falling onto your property then it's a bit late for prevention isn't it...

I know as it doesn't belong to us we can't remove it

who told you that?

so what do we do when it's laying in our garden?

pick it up...

is the fence falling onto your property or is it just leaning into your airspace?

Kind regards, Mac
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Re: Neighbours fence falling apart into our garden...

Postby arborlad » Sun Jul 13, 2014 2:28 pm

lisap470 wrote:Hi

I did also let the agent know we will be getting a dog in a couple of months time and that if it wanders into their garden due to the fence being so broken and it annoys their tenants then so be it, he then said if we get a dog we would be legally obliged to put a fence up to keep it off their property?


Thanks for any advice
Lisa



I'm afraid the agent is completely wrong in this regard and needs correcting the next time you contact him.

The only two laws or statutes that are relevant here are The Law of Property Act and The Land Registration Act, nowhere in those two weighty tomes will you see a single reference to dogs - not one.

Your obligation as a dog owner is to have it under full control at all times, that's it, nothing else.

This topic frequently appears on this forum with the same misconception that there is a connection between land ownership and dog ownership - there isn't.
arborlad

smile...it confuses people
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Re: Neighbours fence falling apart into our garden...

Postby mugwump » Sun Jul 13, 2014 3:29 pm

Unless you intentionally put the dog on to the neighbours land then it is not under full control.

There is the Animal Act 1971

Duty to take care to prevent damage from animals straying on to the highway.

(1)So much of the rules of the common law relating to liability for negligence as excludes or restricts the duty which a person might owe to others to take such care as is reasonable to see that damage is not caused by animals straying on to a highway is hereby abolished.

(2)Where damage is caused by animals straying from unfenced land to a highway a person who placed them on the land shall not be regarded as having committed a breach of the duty to take care by reason only of placing them there if—

(a)the land is common land, or is land situated in an area where fencing is not customary, or is a town or village green; and

(b)he had a right to place the animals on that land.
Would you as the owner want to pay for any accident caused byt your dog getting on to the highway through a neighbouring property.
The easiest way to have a dog under full control and keep it within your property is either a fence or chaining it up. The latest changes to the DDA makes it more imperative that your dog is securely contained.
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Re: Neighbours fence falling apart into our garden...

Postby lisap470 » Sun Jul 13, 2014 5:29 pm

mugwump wrote:Unless you intentionally put the dog on to the neighbours land then it is not under full control.

There is the Animal Act 1971

Duty to take care to prevent damage from animals straying on to the highway.

(1)So much of the rules of the common law relating to liability for negligence as excludes or restricts the duty which a person might owe to others to take such care as is reasonable to see that damage is not caused by animals straying on to a highway is hereby abolished.

(2)Where damage is caused by animals straying from unfenced land to a highway a person who placed them on the land shall not be regarded as having committed a breach of the duty to take care by reason only of placing them there if—

(a)the land is common land, or is land situated in an area where fencing is not customary, or is a town or village green; and

(b)he had a right to place the animals on that land.

Would you as the owner want to pay for any accident caused byt your dog getting on to the highway through a neighbouring property.
The easiest way to have a dog under full control and keep it within your property is either a fence or chaining it up. The latest changes to the DDA makes it more imperative that your dog is securely contained.quote]



Who said the dog would be getting on the highway? The only place it would be able to go is our garden (we're at the end and have fully enclosed fencing all the way round the side and front) and this neighbours garden which has fully enclosed fencing to the other side and back of their garden. There is no way to the road unless you go through the house or garage.

Oh well looks like the new tenants will have to invest in a poop-a-scoop.
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Re: Neighbours fence falling apart into our garden...

Postby despair » Sun Jul 13, 2014 6:13 pm

You have no right to allow your dog poop on the tenants garden

if thats your attitude you have no business even thinking of getting a dog

Its your sole responsibility ro retain it and i have told you how to do it cheaply
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Re: Neighbours fence falling apart into our garden...

Postby mugwump » Sun Jul 13, 2014 6:22 pm

lisap470 wrote:
Oh well looks like the new tenants will have to invest in a poop-a-scoop.
And you could be heading for an ASBO
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Re: Neighbours fence falling apart into our garden...

Postby despair » Sun Jul 13, 2014 9:14 pm

Not only an ASBO but a visit from RSPCA too
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Re: Neighbours fence falling apart into our garden...

Postby COGGY » Sun Jul 13, 2014 9:42 pm

Hi Lisap470

You stated in your first post

Forgot to add we did put up 2m screening all the way along last year which lasted throughout the summer, but with the fence it was attached to being so broken and the gales in the winter it ended up getting totally destroyed!


You should not attach anything to a fence which does not belong to you. If you wish to put anything along this boundary you should also install supports for it. You are lucky the owner did not accuse you of weakening her fence. Please understand I am not saying this, just what could be said. :roll:

Kind regards
Coggy
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Re: Neighbours fence falling apart into our garden...

Postby jonahinoz » Mon Jul 14, 2014 7:20 am

Hi,

One solution would be to rent the property yourself ... which I assume would not be viable, financially.

If this is the only run-down property in the road, maybe several neighbours would care to chip in, to maintain the value of their properties.

Alternatively, do tennants want a long garden? Maybe you could buy most of it, increase the size of your garden, reduce the interface with your neighbours, and fence across the width rather than the length. I know, I know, I'm just trying to brainstorm your problem.

One reason to have a letting agent is to avoid phone calls at 2AM. Find the landlady's home address, and complain direct to her ... make her life as miserable as yours.

John W
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Re: Neighbours fence falling apart into our garden...

Postby mugwump » Mon Jul 14, 2014 9:54 am

make her life as miserable as yours

It sounds more like 'make her life as miserable as you want to make the new tenants'
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