Fence issue, wwyd?

[Thekindyoufindinasecondhand]

Have just purchased a new house. One of the back fence panels is completely trashed. On closer inspection it appears the people who live at the back of us haven't had their trees cut for a long time and they are starting to effectively 'crush ' our fence, although theres a strong chance they have no idea this has happened!
I'm planning to go round and explain to them we cant replace the broken fence until they have their trees cut back, but would you
A. Just say, please cut your trees so we can replace broken fence panel and pay for it yourself
Or
B. Again please cut trees but approach sharing cost of broken fence panel as effectively we are having to replace due to their overgrown trees.

[user1471530109]

It's 1 fence panel? You're just moving in?

Pay for it yourself definitely. Why cause an issue with neighbours before you've even settled in?

[Thekindyoufindinasecondhand]

Not looking to cause an issue at all! Just wondering how other people would approach the conversation that's all....

[PegasusReturns]

Definitely option A. Do not create an issue before you’ve even moved in.

[Lemonylemony]

You’ve bought the property with a broken fence, it’s not like you’ve paid for a fence yourself and then your neighbours have broken it.

I would expect to pay for my new fence myself.

If their trees encroach on your property then ask them to cut them back, although I believe you can cut the intruding branches yourself as long as you offer the cuttings back to them - I’m sure someone who knows the law better will advise on that!

[dementedpixie]

You can cut them back to the boundary and then replace the fence panel. You can't really force them to cut them back.

[dementedpixie]

and yes, you are supposed to offer the cuttings back but I would just dispose of them myself

[GreenTulips]

I would say

Would you mind us cutting your trees back so we can replace the fence panel.

I doubt they’ll care

[mothergooseinnorthwest]

Can the trees just form the boundary? Or too exposed if you simply get rid of the fence( with neighbours consent)

They might like to keep the trees as it is nicer to look at than fence and offer more privacy.

[Thekindyoufindinasecondhand]

@mothergooseinnorthwest we did look at that and realised our dog will definitely be able to get into their garden through the trees alone unfortunately

[Seeline]

Is it your boundary?

[Thekindyoufindinasecondhand]

@Seeline it's at the very end of our garden, not the side, so our boundaries meet. So currently their trees are growing onto our land. Understand fence is our responsibility but trees are theirs.

[mothergooseinnorthwest]

Definitely replace if you have a dog. I would offer to pay for the fence. It is really not that expensive.

You may need to to this more than once though if those trees are vigorous growers.

[Thekindyoufindinasecondhand]

Yes was definitely leaning towards the side of replacing the fence, just worried that this will be a reoccurring issue with the trees crushing the fence! I suppose only time will tell!

[Seeline]

Responsibility for the boundary could be marked on your deeds - it's not just side boundaries shown.

I would just go and have a chat with the neighbours. You can't make them do work to the tree. You can trim any branches overhanging, but if it is the trunk causing the problem you could incorporate it and just fence up to it.