Who replaces fence?

Post Reply
aries17
Posts: 10
Joined: Tue Jun 19, 2007 1:17 pm

Who replaces fence?

Post by aries17 » Wed Jul 18, 2007 2:40 pm

When buying our property 7.5 years ago, the then owners told us that the back garden fence panels and concrete posts on all 3 sides of our garden were put in by them at no cost to the neighbours either side.
Over time, we have replaced 2 fence panels between us and the neighbour to the left (when looking down the garden from the rear of the property) due to their dog jumping and clawing the fence when we are in our garden.
When replacing these panels we told our neighbour that if it happened again then he would replace them. He's since put conifers in that have now grown so tall they block alot of afternoon/evening sunshine from our north facing garden!
The panels to the right currently appear ok however the neighbour the other side of the panels has, since we moved in, planted a Virginia Creeper up her side of the fence panels which is rampant!! I'm constantly cutting it back our side to the height of the fence. It is also growing through the fence panels and attaching itself to my climing roses. She has also got honeysuckles and roses growing attached to her side of the fence panel.
My question is, when it comes to replacing these panels in the future, who pays?

despair
Posts: 16274
Joined: Mon Mar 14, 2005 7:07 am

Post by despair » Wed Jul 18, 2007 3:53 pm

First and most importantly no neighbour has any right whatever to grow climbers/honeysuckles /roses etc up your fence
They also have no right to grow trees or shrubs that put pressure on your fence
They cant paint or stain your fence
They cant attach ANYTHING to your fence
They cannot allow dogs to tear at it or kids to hit balls at it

All and any damage done by the above makes them liable for repair or replacement

If the conifers are blocking light etc and fall within the limits of High Hedge Law ( see www.hedgeline.org) then you may be able to get your council to act for a fee

hzatph
Posts: 2461
Joined: Tue Apr 12, 2005 9:37 am

Post by hzatph » Wed Jul 18, 2007 7:02 pm

Yes, but they are not aries17's fences as they were put in by the nieghbours.

It is, of course, also their responsibility for their dog's containment regardless of fence ownership.

If the fence is theurs and on their land (alomst certainly as they would not erect on your land presumably) then they would be responsible for any later repairs but only if they chose to make them. You cannot compel them to do so unless there was a covenant to that effect and you could enforce that covenant.

despair
Posts: 16274
Joined: Mon Mar 14, 2005 7:07 am

Post by despair » Thu Jul 19, 2007 12:17 am

Hzpath

You need to reread the posting

IT CLEARLY SAYS the OP put the fences in and they are her fences

Its the neighbours who are damaging them

hzatph
Posts: 2461
Joined: Tue Apr 12, 2005 9:37 am

Post by hzatph » Thu Jul 19, 2007 12:29 am

Yes, you are right and your advice is right. I read it twice and still got it wrong! Sorry.

paddy's mum
Posts: 745
Joined: Tue Sep 12, 2006 3:04 pm
Location: South Lincolnshire

Post by paddy's mum » Thu Jul 19, 2007 3:14 pm

hzatph - you needn't worry. I too often have days like that :oops:

arborlad
Posts: 7833
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Who replaces fence?

Post by arborlad » Sun Aug 13, 2017 8:50 pm

Best continued here:


aries17 wrote:When we bought our property, the previous owners advised us and gave us evidence that the fence surrounding our rear property was ours. They put in and paid for all 3 sides.
One of the neighbours over the years has grown a creeper over the fence, tied roses to the fence and lent wood against the fence. We have never raised an objection to them doing this.
Earlier this year they advised us that they were intending to replace "their" fence. We are aware that the fence is on their boundary as per the plans we have seen however as they did not pay for the current fence, can they claim ownership and replace it?
I caught her this evening pulling branches of our small plum tree over her side to cut! I know my rights with this one!
Assistance regarding fence ownership would be appreciated. Thanks very much.
arborlad

smile...it confuses people

Post Reply