Replace and repair of fence

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Joined: Tue Jul 08, 2014 2:03 pm

Replace and repair of fence

Post by haspden » Wed Jul 09, 2014 9:01 pm

Hello there

Hope someone can help me with this or point me in the right direction of where to look.

We moved into our property in 2005, (30's semi detached). A couple moved in about two years later. Very soon after moving in they came over to chat and expressed a concern that the lap panel fence was too small and they wanted it higher. We were a little put out by this and said we were happy with the fence as was. (By the way on the deeds there are no red 'T's to indicate whose boundary it is). They then came round with sketched out plans and the fence was going to be considerably taller that it was at the time. My wife and I politely objected to this and I asked if they would like to come round for chat about their concerns. They said no and informed me that they were going ahead any way and there was nothing we could do. My wife also objected but was told it wasn't their intention to offend they just wanted more privacy.

They did adjust their plans when we asked if two of the panels could be stepped down to be in keeping with the fences on the opposite side of the garden. To avoid any dispute we offered no further objection and the 'Berlin wall' as I call it, went up. It stands at six foot however as their garden is approx. 15 inch higher than ours this makes it higher on our side

This winter an old tree in our garden fell down in the opposite direction to the fence. The fence then buckled and is leaning into our garden. The people next door asked up to repair the fence as they thought it was our tree which brought the fence down. (contentious issue in itself) Again not wanting to get into a confrontation I said I would get it sorted. A quote was sourced and I informed next door when the repair was coming. They then express a concern that the repair man should be very careful around their garden and this raised my concerns that as I had agreed to get the fence repaired I could be liable in the future should it blow over again, (eg 'your builder didn't fix it right')

I asked for the people next door to carry out the repair 'to their fence' and send us the bill. They are now claiming that as the boundary is shared the fence is also shared and we are as liable for it's upkeep as they are.

We are not happy about this as they are claiming that we are now responsible for a fence which we did not want in the first place. The only 'proof' I have that they replaced the existing fence 6 or 7 years ago (which they now claim was in need of repair anyway - which it was not) is that in a recent email he said that if our repair man was to replace any panels could we make sure that 'our panels are left in our garden'

Long winded I know

Can anyone advise?

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