Who’s in the wrong? Neighbours and fences

[PrettyPleaseXo]

Neighbour 1 tree falls through fence and breaks it. Neighbour 2 can’t get fence fixed until the tree is removed. Neighbour 1 gets tree removed after a few months but forgets to tell neighbour 2 and it’s the fence at the end of a big garden so not easily seen. Dog of neighbour 1 escapes through fence which is broken and goes missing.
does neighbour 1 have the moral right to be pissed off at neighbour 2?
Im on the other side of neighbour 2 and don’t see how it’s their fault but it’s sparked wars

Neighbour 1 has the duty to ensure animal contained. Unusual if written in deeds that neighbour 2 would have to replace fence - only ensure boundary is maintained (this could be a piece of string).

The issue is that it’s her side of the fence to be responsible for however she was unable to get it mended till the tree was removed and then was unaware when it had been removed

Neighbour 1 shouldn’t have let the dog out without finding out if then fence had been fixed.

There is unlikely any legal reason for neighbour 2 to fence at all.

N1 should have sorted the tree out immediately, not after 2 months and also keep a closer eye on her dog.

I'd be saying regardless of who is responsible for the fence, the person whose tree broke the fence should be repairing the fence.

Neighbour one is the one who hasn’t made sure the dog is in a contained garden - presumably they knew the fence wasn’t fixed so they shouldn’t complain. But if they’d been trying to keep dog contained and neighbour two was constantly letting them down re fence I can see they might feel aggrieved. Neighbour one should have been talking with neighbour two about it. Especially since it was their tree that did the damage.

Neighbour 1 is responsible for his dog. S/he could easily put a fence up on his land or walk up the garden to check progress on the fence replacement.

If the garden is not secure, they’re lucky the dog didn’t escape before.

Most boundaries don’t actually stipulate a fence.

and it’s still Neighbour 1’s responsibility to keep their dog contained.

Theyve a cheek considering it was their tree and they took months to remove it!

You can mark a boundary with a piece of string.

If you have a dog, it's your responsibility to keep it on your premises.

Neighbour 1 needs to apologise and wind their neck in.

Nope entirely neighbour 1’s fault. Their tree, their dog. Frankly I’d have expected them to pay for the fence too.

Neighbour 2 is only responsible for making sure the boundary is marked, it doesn't have to be a fence. Neighbour 1 is responsible for ensuring her dog in secure. Neighbour 1 should have had the fence fixed as her tree broke it

Neighbour 1 sounds like a nightmare neighbour in all parts of this story.

Also normally just have to mark boundary. Not make a dog proof fence.

No 1 is totally on the wrong on all of this.

Neighbour 2 is innocent.

It's your dog. Neighbour has a duty to repair damage from their tree.

You could ask at http://gardenlaw.co.uk/

Neighbour one should have looked after their dog.

Neighbour 2 doesn't have to put up a fence.

If neighbour one wants a fence to contain their dog they should put it up on their side of the boundary and pay for it.

Neighbour 1 removes tree, which was presumably blocking the hole... and then lets their dog out, expecting what exactly? That the fence fairies will have been and fixed it when its taken them two months to shift the tree AND they have not taken any further steps to fix the fence (which as its their tree AND their dog, is very much their responsibility!)...

Neighbour 1 is a twat of the highest order.

neighbor 1 had a tree fall and didn’t remove it for months.

then neighbor 1 didn’t bother to take responsibility for containing own dog?

neighbor 2 should be furious with neighbor 1 for not having tree removed within a few days.

did neighbor 1 pay to fix the fence they destroyed?

Neighbour 1 is always responsible for maintaining their dog in their garden.

If neighbour 1 was so concerned, they could have put a fence or barrier up themselves. They have no right to be annoyed/upset with neighbour 2. It's their dog, their responsibility. It's not like they weren't aware the fence was damaged! If a storm (act of god) toppled the tree then they are not legally responsible for replacing the fence. Neighbour 2 can claim off their own insurance, unless excluded (check terms/conditions of policy).

Neighbour with dog should have been told the tree had been moved.

Is the dog still missing? Poor dog.

The neighbour with the dog was the one who removed the tree. They then didn't both the tell the other neighbour that the tree had been removed so they could get the fence repaired, and didn't bother to check it before leting their dog out.

I do hope the dog is ok.

Neighbour 1 is being unreasonable