Communal parking area fence

Communal parking area fence

Postby matthewgordon » Mon Jan 26, 2015 12:20 pm

Hi,

I'm a Landlord and own a property which is currently tenanted. The tenant has recently got in touch to say that a communal fence has blown down and a neighbor is collecting money to get it repaired. Lovely community spirit :)

I'm going to chip in but my question is this... if I didn't want to pay, who actually is responsible?

The fence in question surrounds a communal parking area. Its basically a square with designated parking bays for particular properties which is situated behind the properties. On the other side of the fence is a bit a waste ground and then a rail line.

Ive had a google and there is lots about shared driveways etc but this one is different.

Thanks in advance for any info
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Re: Communal parking area fence

Postby MacadamB53 » Mon Jan 26, 2015 1:40 pm

Hi matthew,

whoever owns the land the fence was stood on is the only person who can lawfully erect a new fence in the same place or could sanction someone else to do it (and the remnants of the fence are their property also so it would be unlawful to remove without first trying to establish ownership).

ask the "neighbourly" chap/chapess if they are aware of this and whether they've obtained permission from the owner(s).

Kind regards, Mac
edit: it might have been the owner's intention to replace the old fence with something different when the time came...
Last edited by MacadamB53 on Mon Jan 26, 2015 2:29 pm, edited 2 times in total.
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Re: Communal parking area fence

Postby matthewgordon » Mon Jan 26, 2015 2:37 pm

Thanks Terri.

I'm just curious in case this comes up again and people get shirty... Good to know what is actually the right thing to do
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Re: Communal parking area fence

Postby Geometer » Mon Jan 26, 2015 5:59 pm

As the fence separates a "public" area from a railway line might it not be the property, and responsibility, of Network Rail?
(See point 4 under "Emergency?" https://www.networkrail.co.uk/aspx/1346.aspx )
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Re: Communal parking area fence

Postby stufe35 » Mon Jan 26, 2015 6:59 pm

You might which to consider the potential consequences of commissioning digging in someone else's land without their knowledge or permission and severing say a fibre optic cable, or an 11kv supply or a railway signalling cable.

I'd say its important to establish who's fence and who's land it is. How would you like it if someone came along and started digging your land up or replacing something of yours without consulting you. .?

Who owns the communal area ? Good chance they own the fence.
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Re: Communal parking area fence

Postby Roblewis » Wed Jan 28, 2015 4:03 pm

If this is the only fence between you and the rail line then I might suspect that the fence belongs to the railway as they have a duty to fence ALL operational lines. If it is the only fence then contact them as they could well be responsible for repairs.
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