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Original poster

Legal fence question

31 replies

TeamCuthbert · 22/04/2021 07:57

This is hypothetical. There is a block of houses in a street. Each house is responsible for the fence on the left side of their property. One of the houses has a dog. The owners maintain a 6 foot fence on the left side of their property, as per the rules.

However, the owners of the house next door do not. They rent the house to tenants. The fence has fallen down and has so much ivy on it that it needs a proper repair. In the meantime, the dog can just wander over to to next door.

If the dog bit one of their tenants, who would be liable? The person who owns the dog or the owners of the house who do not maintain their fence?

OP posts:

FelicityPike · 22/04/2021 07:58

The person who owns the dog. They need to ensure their dog doesn’t escape. They could easily erect a fence on their side of the boundary.

MiaowMiaow99 · 22/04/2021 07:59

The person who owns the dog.

Ratched · 22/04/2021 08:00

The person who owns the dog.
Next door could actually choose to not have a fence at all, or a 2ft high one.
It is up to the dog owner to build a fence on his own land to keep the dog jn.

Original poster

TeamCuthbert · 22/04/2021 08:01

OK, thanks for your replies.

OP posts:

Kitkat151 · 22/04/2021 08:01

The dog owner every time

HappyAsASandboy · 22/04/2021 08:01

The person who owns the dog is always responsible for ensuring it doesn't bite anyone! And ensuring it doesn't wander off and cause an accident or cause damage to property.

If the dog can escape from the garden then the dog owner can build a fence to stop the dog escaping. The next door neighbour has no responsibility towards containing the dog and could erect a simple string fence to mark the boundary of they chose to.

Whinge · 22/04/2021 08:02

It would be the dog owners responsiblity to ensure their animal was kept off the neighbours property. The neighbours don't have to have a fence to mark the boundary.

Bluntness100 · 22/04/2021 08:03

Always the owner of the dog. Always. They are responsible for controlling their animal

starrynight21 · 22/04/2021 08:03

I'm not a lawyer, but I'd say that if your dog bites someone then you are liable since you didn't keep your dog restrained. Since you knew that the fence wasn't keeping the dog inside your property, it would be up to you to do something about the fence ( even though the "rules" say you don't have to).

PurpleMustang · 22/04/2021 08:06

I would say the dog owner would need to do a temporary fix to the fence till the landlord who owns it sorts it properly. Or keep their dog out of the garden

WeeGobshiteBentBastard · 22/04/2021 08:08

Is it your dog, OP?

ladamanera · 22/04/2021 08:08

Something tells me this is not the answer the OP wanted 🤣

Original poster

TeamCuthbert · 22/04/2021 08:48

I’m here, I haven’t left! As I said, it is a hypothetical question. I’m trying to get the owners of next door to sort out the fence. They are a Rackman-type landlord. I was going to try the line, “well I am going to buy a Rottweiler and if it bites one of your tenants, then the liability is on you!” But actually that doesn’t sound like it’s the case, so I’ll leave it 😁.

OP posts:

Seeline · 22/04/2021 08:51

Just because deeds show you are responsible for a particular boundary, there is rarely a requirement to actually provide a physical barrier along that boundary unfortunately. All you can really do is ask that they remove any dangerous structures. You can of course erect a fence on your side of the boundary.

CrumpetsForAll · 22/04/2021 09:28

Dangerous Dogs Act says your dog must be ‘under control’ at all times, regardless of whether it’s a public or private space. Therefore if your hypothetical dog damages someone else’s property or injures them then it’s very much on you!

Original poster

TeamCuthbert · 22/04/2021 09:31

Does anybody have any idea at all of how much it would cost to her a 30 metre fence installed? Thanks.

OP posts:

Kerberos · 22/04/2021 10:14

There is no requirement for a garden to be fenced. A boundary marker like a piece of string would be sufficient to mark where the property line is.

The cost of a 30m run of fences depends on what kind of fencing is put in but I'd budget around £1000 for it.

Original poster

TeamCuthbert · 22/04/2021 10:31

@Kerberos thanks.

OP posts:

TheQueef · 22/04/2021 10:34

It sounds like you need to install inside the boundary on that side, is one side 30m or is that the entire boundary?

Sparklfairy · 22/04/2021 10:37

If you left your front door open and your (imaginary) dog got out and bit someone, you would be liable, so it's the same thing.

Apart from the fact a broken fence is probably an eyesore, why do you need the landlord to fix his side?

Bluntness100 · 22/04/2021 10:51

@TeamCuthbert

That would be just petty and silly.

You can buy fence panels. Do you have anyone who can help you install?

Original poster

TeamCuthbert · 22/04/2021 11:11

@Bluntness100 I wasn’t being entirely serious about the Rottweiler!

OP posts:

Original poster

TeamCuthbert · 22/04/2021 11:12

It’s for a disabled lady, not me. I’m just trying to help out. The wall is quite dangerous as it’s being pulled down by the Ivy.

OP posts:

Kerberos · 22/04/2021 11:27

Wait. A dangerous wall is a very different thing to a badly maintained fence. One is an irritant. The other could seriously injure. Which one is it?

Original poster

TeamCuthbert · 22/04/2021 11:33

It’s an old wall that is being pulled down by Ivy. My suggestion regarding a fence is because I know it would be quicker and easier to install than a new wall.

OP posts:

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