Neighbour not maintaining their fence

VillageGardener
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Neighbour not maintaining their fence

Post by VillageGardener » Sun Aug 05, 2012 11:22 am

Hi there - I am a new user and I have already done a search but couldn't find an answer for my dilemma, so apologies if this has been raised before and I've missed it....

We live in a village property and we get on well with both of our neighbours on either side. It has been determined that the fence on the left of our garden as we look at it from the house (bordering the neighbours that we get on particularly well with) is ours and that is in good nick - a concrete base and poles with wooden panels.

The issue we have is the right hand fence. We get on reasonably well with those neighbours, but they aren't such close friends but no matter. She is notorious for refusing to spend any money, and that fence is in a ridiculous state, manky, ill kept, virtually non-existent - it is basically some concrete, some wooden posts (on her side) with wire running from one to the other in a haphazard format and then chickenwire patched and stretched over it. Trees and shrubs on both sides are growing through it (we've maintained our side best as we can - keeping it trimmed into our garden, and also keeping the height down to around the 7ft height, ivy from her side is decimating it, badgers are invading from her side and rucking up the wire, our border terrier then escapes through the holes made by the badgers. That fence has now got more of our wire and chicken wire, piles of wood and breezeblocks, etc on it patching up all the holes than belongs to the neighbours!

She admits that it is her fence and she is trying to convince us to jointly pay for it but we aren't happy to do that - we just don't have the funds! And she makes ridiculous comments like 'your badgers are invading my garden and ruining my lawn' - I'm sorry but for a start badgers are wild animals and don't belong to anybody, and we also pointed out to her that the other fence was solid with no holes, and it is clear to see that the earth scratchings from the badgers' digging are on her side so therefore they are 'her badgers' in that context!! The bottom end of the garden is a solid concrete wall as we live on a hill and that is the 'step up' if you like to the properties on the far side so no issues there at all.

She is 'nice' enough in the sense that there is a HUGE sycamore tree that stands on her side, but near our boundary and she has asked if we would like it down to let more light into our garden - of course we would but we realise that she is playing it as she would like it removed and is trying to get us to take it down at no cost to her as it 'would benefit us and we could have the wood' - those are the sort of tactics that we are up against!

My question is what legal recourse do we have to persuade her to make good and secure the fence? We are getting desperate - we have three dogs who can all get out, and we would eventually like to have chickens (haven't told her that yet!) and need to ensure that we have a secure garden for them all... Obviously we know that determined badgers can get through anything, but a good solid fence is a necessary starting point for prevention of their invasion and also to secure our precious dogs as they can then get onto the road if they can get through that fence. We are trying to do this tactfully without detriment to our relationship, but....!!

mr sheen
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Re: Neighbour not maintaining their fence

Post by mr sheen » Sun Aug 05, 2012 12:02 pm

None.
There is no compulsion to have a fence and the owner can leave a current fence go to ruin if they so wish or remove it completely if they so wish.
If you want a tidy fence you have the option of putting one up at the edge of your own land. Keeping in your dogs is your responsibility.

VillageGardener
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Re: Neighbour not maintaining their fence

Post by VillageGardener » Sun Aug 05, 2012 6:51 pm

So, there is absolutely NOTHING that says that a fence owner is responsible for maintaining their own fence?! Extraordinary... :?

Thank you for your reply. We'll just have to see what we can do - sadly!

juliet
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Re: Neighbour not maintaining their fence

Post by juliet » Sun Aug 05, 2012 7:11 pm

If it helps...it is a common mistake made by people.

despair
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Re: Neighbour not maintaining their fence

Post by despair » Sun Aug 05, 2012 7:16 pm

and then some posters wonder why i suggest free pallets and a few posts and DIY carpentry !!!

Sounds like the OPs neighbour deserves a pallet fence and that paving slabs sunk into ground on edge instead of barge boards will be the only thing to keep out Badgers

but no doubt someone will know better !!!

hzatph
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Re: Neighbour not maintaining their fence

Post by hzatph » Sun Aug 05, 2012 8:07 pm

There is no obligation to repair the fence and how do you know it is theirs anyway? There is no "left" rule for ownership of fences.

I prefer to put bargeboards on the gables of my house.

VillageGardener
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Re: Neighbour not maintaining their fence

Post by VillageGardener » Sun Aug 05, 2012 8:13 pm

Male urine is a good deterrent...!!! Hubby has old 2L plastic milk bottles hidden behind each of our loos and when they are filled (ish) he then dribbles them up and down the boundary line - we've certainly noticed a reduction in the badger invasion.

I'm an old and dab hand at mackling things out of pallets - I'm sure that we can rustle up something if we don't come to an 'agreement' with the neighbour. :wink:

As originally stated, the neighbour has admitted that the fence is hers, plus the deeds clearly state that the neighbour owns the fence in question - however, as our mortgage company has the deeds in their possession, we can't check at the moment whether they state that the neighbour is responsible for the maintenance and upkeep - an email has been fired off to the company to ask them to check, but we all know how quickly they take their time about responding, don't we?! :roll:

Treeman
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Re: Neighbour not maintaining their fence

Post by Treeman » Sun Aug 05, 2012 8:18 pm

despair wrote:and then some posters wonder why i suggest free pallets and a few posts and DIY carpentry !!!

Sounds like the OPs neighbour deserves a pallet fence and that paving slabs sunk into ground on edge instead of barge boards will be the only thing to keep out Badgers

but no doubt someone will know better !!!

A few paving flags won't stop a badger, they are single minded about their routes and they can dig you know. We put a silage clamp in with a six inch concrete base and the buggers tunnelled under that.

So you think that because the neighbour chooses not to replace a fence, which is their perfect right, that they "deserve" any sort of treatment. I don't think that's your call to make and I also dont believe that you should incite people to give the neighbour what you think they deserve. This sort of "get even" mentality is below what this forum should be.

Treeman
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Re: Neighbour not maintaining their fence

Post by Treeman » Sun Aug 05, 2012 8:20 pm

VillageGardener wrote:Male urine is a good deterrent...!!! Hubby has old 2L plastic milk bottles hidden behind each of our loos and when they are filled (ish) he then dribbles them up and down the boundary line - we've certainly noticed a reduction in the badger invasion.

I'm an old and dab hand at mackling things out of pallets - I'm sure that we can rustle up something if we don't come to an 'agreement' with the neighbour. :wink:

As originally stated, the neighbour has admitted that the fence is hers, plus the deeds clearly state that the neighbour owns the fence in question - however, as our mortgage company has the deeds in their possession, we can't check at the moment whether they state that the neighbour is responsible for the maintenance and upkeep - an email has been fired off to the company to ask them to check, but we all know how quickly they take their time about responding, don't we?! :roll:


Ewwwwwwwww that's nasty.



If the Properties are registered you can download them from the land registry for a couple of quid each

mr sheen
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Re: Neighbour not maintaining their fence

Post by mr sheen » Sun Aug 05, 2012 8:21 pm

VillageGardener wrote:Male urine is a good deterrent...!!! Hubby has old 2L plastic milk bottles hidden behind each of our loos and when they are filled (ish) he then dribbles them up and down the boundary line - we've certainly noticed a reduction in the badger invasion.

I'm an old and dab hand at mackling things out of pallets - I'm sure that we can rustle up something if we don't come to an 'agreement' with the neighbour. :wink:
Fuelling a dispute that you cannot win (since there is no compulsion for a fence) is not a good idea. As for spreading male urine around....well!!!! unacceptable behaviour in any neighbourhood

VillageGardener
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Re: Neighbour not maintaining their fence

Post by VillageGardener » Sun Aug 05, 2012 8:26 pm

Don't worry - I have absolutely no intention of 'getting even' - we have a cordial relationship with the neighbours, and would very much like to keep it that way - I was merely posting to see what my options were - as verified, none basically beyond a polite request to make good, and if that doesn't come to fruition we will just have to raise something on our side.

The male urine is DRIBBLED along our side of the boundary, and is not noticeable after an hour or less, I forgot to mention that hubby does it late in the evening, so any faint residue aroma discernible to the human nose is long gone by the morning. It is a proven badger deterrent, and certainly the neighbour has no knowledge of it, nor are they affected by it. Our respective gardens are of a good size and the area in question is not near either of the houses as both of us have a 'courtyard' with out buildings bordering the garden and fence area.

Thanks for that information regarding the land registry - will look into it.

despair
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Re: Neighbour not maintaining their fence

Post by despair » Sun Aug 05, 2012 8:37 pm

www.landregistry.gov.uk .................during business hours £5 a house

andrew54
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Re: Neighbour not maintaining their fence

Post by andrew54 » Mon Aug 06, 2012 9:18 pm

mr sheen wrote: As for spreading male urine around....well!!!! unacceptable behaviour in any neighbourhood
Why? I'm curious.

Clifford Pope
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Re: Neighbour not maintaining their fence

Post by Clifford Pope » Tue Aug 14, 2012 12:48 pm

andrew54 wrote:
mr sheen wrote: As for spreading male urine around....well!!!! unacceptable behaviour in any neighbourhood
Why? I'm curious.

I think it might depend on which species, and the nature of the spreading implement used.

Sudynim
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Re: Neighbour not maintaining their fence

Post by Sudynim » Wed Aug 15, 2012 9:50 pm

VillageGardener wrote:as our mortgage company has the deeds in their possession, we can't check at the moment whether they state that the neighbour is responsible for the maintenance and upkeep
It will not impose any aesthetic duty. In land law terms, the obligation to maintain a boundary is met by any visible marker - a length of string tied along some canes, for example. A dilapidated and rickety fence is a maintained boundary.

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