Who's responsible for storm damaged fence.

Who's responsible for storm damaged fence.

Postby Bladesnake71 » Wed Dec 07, 2016 10:33 pm

Last week during the storm the fence between my property and the rear neighbour blew down. This fence is in my deeds as my property, but 5 to 7 years ago the neighbour replace my fence with a new 1 that only boarders his property. I believe now that as he replaced the fence he is now sole responsible for the fence now. Any information would be helpful. Thank you
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Re: Who's responsible for storm damaged fence.

Postby despair » Wed Dec 07, 2016 11:39 pm

He who wants a fence pays for it

theres no way to force anyone to replace a fence unless theres a very strong covenant and that tends only to apply to first owner

i doubt the whole fence is irreparably damaged and maybe it was a poor installation
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Re: Who's responsible for storm damaged fence.

Postby nigelrb » Sun Dec 11, 2016 9:50 am

Yes, Blade. If the neighbour has erected a new fence 'wholly' within his property, you have no obligation at all toward the cost of replacing HIS fence.

However, and most importantly. in the absence of a fence, the responsibility reverts to you for any boundary feature. You have not indicated whether there has been any communication between yourself and the neighbour, OR, whether his insurance might cover the repair/restoration of HIS fence.
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Re: Who's responsible for storm damaged fence.

Postby Collaborate » Sun Dec 11, 2016 10:09 am

the responsibility reverts to you for any boundary feature


Although no one is required to fence at all, in the absence of a positive covenant in their deeds requiring them personally to do so.
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Re: Who's responsible for storm damaged fence.

Postby MacadamB53 » Sun Dec 11, 2016 10:06 pm

Hi nigelrb,

However, and most importantly. in the absence of a fence, the responsibility reverts to you for any boundary feature.

no it doesn't - where did you get that from?

Kind regards, Mac
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Re: Who's responsible for storm damaged fence.

Postby Bladesnake71 » Mon Dec 12, 2016 12:45 pm

Hi nigelrb

The neighbour did come round and demanded money to repair the fence as he couldn't afford to pay for it himself. I said that as the previous owner had replaced his section of my fence then I do believe that he is now responsible for the repairs. After a reward heated words he left. Then he came round a week later while I was out and left a map from his deed with "T" marks on it outlining who own what. But I believe that because a previous owner replace his section for privacy (it was a 3foot high fence with a 6 foot high) he is now solely responsible for the repair to the fence.
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Re: Who's responsible for storm damaged fence.

Postby mugwump » Mon Dec 12, 2016 1:14 pm

Please read the first line of Despair's post.

Responsibility for the boundary can be as little as a few bamboo canes and some string to mark it if you have no need for a secure fence or even a line of stones. If the neighbour wants more then it's up to him
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Re: Who's responsible for storm damaged fence.

Postby nigelrb » Tue Dec 13, 2016 7:58 am

MacadamB53 wrote:Hi nigelrb,

However, and most importantly. in the absence of a fence, the responsibility reverts to you for any boundary feature.

no it doesn't - where did you get that from?

Kind regards, Mac


Hi Mac
I am not sure whether your question is to advance the OPs cause, or to satisfy your own curiosity.

The situation as posted queries 'responsibility for a storm damaged fence'. The OP has stated that a previous owner had replaced HIS SECTION of MY fence, that only boarders [sic] his property. In the absence of definitive information, I took that to mean that the fence had been erected on the NEIGHBOUR'S property. If that is not the case, then I have misconstrued.

However, if the adjacent owner has erected a new fence within his own property, the original poster has no responsibility at all for a construction on another's land. Where a landowner is appointed responsibility via the Third Schedule of the Land Registry Transfer document, that responsibility will apply only to a responsibility designated by the 'T' marks WITHIN that owner's particular property. THEREFORE, as the OP's neighbour has erected a fence beyond the OP's land the OP is not obligated to contribute anything.

We must no confuse 'responsibility' with 'mandatory'. The OP will always have 'responsibility' for his boundary (unless legally amended) but he will not have to mantatorily replace a fence or feature, as rightfully pointed out by 'Collaborate' (unless by covenant).

So in summary, Bladesnake faces a broken fence that is not on his property. Why should he be responsible?

I hope assists.
Life is never what it seems; there is always two sides to every story.
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Re: Who's responsible for storm damaged fence.

Postby MacadamB53 » Tue Dec 13, 2016 10:52 am

Hi nigelrb,

thanks for sharing your thoughts.

for the OP's benefit, here are my thoughts on the subject at hand:

a landowner is responsible for his land - not the boundaries.
so neither the OP or his neighbour need to replace the storm damaged fence regardless of where it stood.

Kind regards, Mac
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Re: Who's responsible for storm damaged fence.

Postby Bladesnake71 » Wed Dec 14, 2016 12:59 am

First of all thank you for all your responses. The replacement fence was put in the same place as my original fence on the boundary. As I stated the neighbour replace my fence but only the section that borders his property. Therefore on either side of the replaced fence is my old fence. This is a neighbour to my rear of my property not a next door neighbour.
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Re: Who's responsible for storm damaged fence.

Postby nigelrb » Wed Dec 14, 2016 8:44 am

Aha, the plot thickens.

What, if any, action did you take 5 - 7 years ago when the adjacent owner removed YOUR fence? That was the time to be taking remedial action.

There is a fine line of responsibility here, and I am sure you will receive varied opinion. I offer mine:

As the adjacent owner replaced YOUR fence, he must be responsible for any repairs to the current fence which is HIS property under his ownership. If, however, he chooses to leave the boundary unfenced, then the onus reverts to you for boundary responsibility, but, and as previously stated by fellow contributors, you are not legally bound (unless by covenant) to erect a new fence or boundary feature.

The passing of the 5 - 7 years makes it impractical for you to ask for your original fence to be re-instated. That is the obvious remedy, but raising that now, after seemingly accepting the neighbour's fence over that period, would make such a request petty.

Others might disagree, but I would leave the boundary unfenced. If the neighbour wants a fence, then let him reinstate his own.
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Re: Who's responsible for storm damaged fence.

Postby Bladesnake71 » Sat Dec 24, 2016 10:17 pm

Well with more wind, today I romeo the fence and put up at temporary plastic orange fence. To protect the good fence panels. The neighbour even came to help and suggested that if we buy the materials he will do the work to erect it. So hopefully the problem has resolved itself and we all get a repaired fence.
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Re: Who's responsible for storm damaged fence.

Postby nigelrb » Sun Dec 25, 2016 4:44 pm

Sounds like a good result, although a massive reversal from your original post in which you were totally against paying.

Just shows that compromise will often save the day!
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Re: Who's responsible for storm damaged fence.

Postby jonahinoz » Mon Jan 09, 2017 9:53 am

Hi,

What is meant by "responsible for a boundary"? As far as I can make out, it means nothing, unless there a covenant specifying what the responsibility is.

My fence, if any, is for the benefit of MY property (eg: to keep MY animals in) not to benefit my neighbour's property (keep HIS animals off my property).

Thousands (millions?) of properties in the UK have covenants preventing the erection of fences in the front gardens. My daughter is prevented from fencing herb rear garden (sorry - amenity land). Is she responsible for her boundary?

John W
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Re: Who's responsible for storm damaged fence.

Postby MacadamB53 » Mon Jan 09, 2017 11:52 am

Hi John W,

the common purpose of a boundary fence is to keep stop people/animals/stuff from trespassing on your land - i.e. to keep stuff out rather than in.

Kind regards, Mac
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