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Next door won't repair broken fence.

(21 Posts)
Melkim40 Fri 15-Feb-19 17:47:17

Advice needed.
The fence between mine and my neighbours garden has come down in a recent storm and my neighbour is refusing to do anything about it. Initially tried to convince me that it was my fence and down to my landlord to replace. My landlord checked the deeds which proved it is my neighbours fence. When I told my neighbour this he said 'Ok, I'll sort it.' It is now almost two weeks since that conversation and he still hasn't done anything about it. They have an extremely aggressive dog that keeps getting into our garden. My son was putting his bike away, with me standing guard and the dog came charging into the garden towards us. We managed to get into the house and shut the door, but we were both left shaken. The dog is also doing it's business in my garden!
What are my legal rights with this? Who should I contact. I am going to try talking to my neighbour again but if that doesn't work, I need to know what my next steps are. I don't want to cause a rift as I do have to live next door to him and his family and the effin' dog!
Any advice would be greatly appreciated.

SpongeBobJudgeyPants Fri 15-Feb-19 17:52:21

Am I alone in thinking your landlord should be chasing this for you?

ImaginaryCat Fri 15-Feb-19 17:53:20

I'd be getting on to the dog warden straight away. If they can't keep their dog securely on their own property then it has escaped.
Have you got a gate that you can say you left open, dog got onto the street, warden took it?

LIZS Fri 15-Feb-19 17:53:21

It is between your ll and ndn to resolve. Your ndn is responsible for containing the dog, you could ask your local pcso to have a word. Your ll could put up a fence on "your" side of the boundary otherwise.

Pinkyyy Fri 15-Feb-19 17:53:31

It's only been two weeks and it's not exactly a cheap thing to replace. Perhaps they need to save some money first.

dementedpixie Fri 15-Feb-19 17:54:24

You can't force them to fix it. Could your landlord put a fence up on his property?

Pinkyyy Fri 15-Feb-19 17:54:34

Have you got a gate that you can say you left open, dog got onto the street, warden took it?

Oh great idea. Purposely get their dog run over.

wigglypiggly Fri 15-Feb-19 17:55:28

As far as I know there is no legal obligation for anyone to put a fence up, you can look at the fencing law UK site. With the dog, I would inform your l.l. and film the aggression, you could contact the council , police and the local dog warden if you feel you are at risk

Melkim40 Fri 15-Feb-19 18:11:21

My landlord has said he is willing to talk to my neighbour, although I think there has been issues between them before I moved in.
I wouldn't want that dog on the street, I have watched it attack a dog as it walked passed with it's owner. The poor woman was in tears. I am an animal lover but this dog is horrible!
It is just me and my son at home, so don't have a partner who could mend the fence.

lljkk Fri 15-Feb-19 18:16:44

Household near us just put up their own fence. Obviously this reduces size of own garden but it sorted the problem they had (eyesore mess rather than unpleasant dog).

Is putting up your own fence impossible?

Melkim40 Fri 15-Feb-19 18:32:05

I think my landlord resorted to this in the past as neighbour was less than compliant. I will speak to landlord again. My gut feeling is that my neighbour is trying to get out of doing it and if he leaves it long enough with his dog causing issues for us, then I or my landlord will sort it.

Howdoidothis4eva Fri 15-Feb-19 18:35:57

He may not be legally obliged to erect a fence, but he is obliged to contain his dog. Report the dog to the dog warden or police, explain the situation and ask for help/advice.

Melkim40 Fri 15-Feb-19 18:58:38

Howdoidothis4eva
I think that is what I am going to do. Even if it is just to get advice at this stage.

DamonSalvatoresDinner Fri 15-Feb-19 21:06:38

* He may not be legally obliged to erect a fence, but he is obliged to contain his dog. Report the dog to the dog warden or police, explain the situation and ask for help/advice.*

^^This. They have to contain their dog. A fence is not required between neighbours however keeping their dog contained is. I'm afraid I would be taking the dog to the dog warden every single time it set foot into my garden.

Racecardriver Fri 15-Feb-19 21:09:48

You can sue you neighbour in Tory for tresspass (dog) if you fancy it. Maybe he’ll swiftly change his mind when a claim comes through his letter box. I wouldn’t bother unless I was feeling particularly spiteful.

WeeDangerousSpike Fri 15-Feb-19 21:12:43

I don't think ImaginaryCat was suggesting OP actually let's the dog into the road, just that if she calls the dog warden to get it from her garden she could say it must have gone out the gate and got picked up and deny all knowledge of who called the warden.

TheInvestigator Fri 15-Feb-19 21:19:55

Speak to the landlord if you want but you MUST call the dog warden/rspca/council every single time the dog comes into your garden. Be very clear on how aggressive the dog is and that someone needs to come out to prevent it attacking you etc. Do it every single time. The neighbour will end up dealing with the fence!

Melkim40 Sun 17-Feb-19 12:28:13

UPDATE.
Been round and spoken to the neighbours OH. It is being fixed in the next couple of weeks. She was very apologetic!

lljkk Sun 17-Feb-19 16:51:52

X fingers it really happens.

FamilyOfAliens Sun 17-Feb-19 16:57:52

I had the exact same issue.

Ndn said she couldn’t afford to fix it. I had some other fence panels fixed and offered to get the fencer to repair hers while he was here but she said no.

After two years shock I bit the bullet and paid to replace the two panels that were now damaged. It cost £200. She never said thank you.

Melkim40 Sun 17-Feb-19 20:47:36

I really hope, she was being genuine. I have been filming the dog, every time it comes into my garden. So if the fence isnt fixed, I won't hesitate to contact the local dog warden.

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