Who is responsible?

[Melsy88]

Genuinely don't know the answer to this.
In my back garden there is a huge tree stump in the boundary between mine and my neighbours garden (her tree). It means that there is an area of the fencing with a lot of gaps as the fence stops before the stump and continues again after it. The fence is neighbours responsibility.
I have a small dog who I can't let in the garden until the area is blocked as she'd go through the gaps.

Questions:

1. Is neighbour responsible for making sure her fencing is fully secure or is it my responsibility as the dog owner to make sure my dog can't get into her garden?
2. If the tree stump was removed, which I hope it is eventually, there will be a lot of damage on my side as the roots are deep. Who is responsible for paying to rectify the damage? (It'll be flag stones damaged and possibly lawn, depending how far the roots go)

The neighbour doesn’t have to even have a fence at all so up to you to do what you need to do for your dog.

Your neighbour has no duty to fence off her garden at all - she could take down the whole fence if the urge took her! She certainly doesn’t need to keep it secure to prevent your dog from wandering.

Any damage from root removal would also be your problem, I’m afraid.

Why not just erect some type of chicken wire/mesh thing at that section? To stop dog from going there

It’s not usual to dig out the whole root system, by the way. Those can be enormous and just aren’t practical.

Are you sure she plans to get the stump removed? It’s an expensive job. And again, there’s no requirement for her to do so.

She doesn’t have to have any kind of fence. No one does. If that particular boundary is her responsibility, then all she needs to do is “maintain the boundary.” That could mean just having a string tied across to mark the boundary line. She doesn’t need to have a fence/wall/hedge all the way alone. Just anything at all to mark the boundary.

If you want a secure garden then it is your responsibility to make one. You can put up your own fence inside the boundary line on your land (you cannot attach anything to hers). But it is your responsibility to secure your garden if you want it secured.

The tree stump is also yours to sort (I’m guessing - could be wrong). If that was a fully grown tree and it fell over and landed on your house, it would be your insurance (or you) paying for the repairs. If you want the stump gone then you can remove whatever parts of it are on your land but at your own cost. If it is removed and damages your land then you’ll have to repair it.. but that kinda of seems like you could negotiate with the neighbour if they do instigate removing it.

To maintain a boundary line requires a piece of string. To ensure a garden is fully secure is down to the person who needs it secure. You could have a chat and see if you can find a compromise, or you build a new fence your side or you fence off a smaller (patio sized?) area in your own garden. Most people end up doing the latter as it's a smaller area to clean up poop.

Edit - most people put chemicals on tree stumps to make them rot down quicker rather than dig them out. It's a massive and expensive task to do.

Thanks all. I've never been completely clear on fence rules so that's really helpful.

She does want to remove to stump and the roots at some point

MN sure is weird sometimes. As if 99.999999% of people don't have some sort of fence or other barrier between their back garden and neighbouring properties.

OP - Do you both own your homes? Usually, the responsibility of who maintains which boundary is marked on plans or deeds. If she doesn't want your dog going into her garden I'm sure she would be happy if you were to attach some chicken wire or similar between the tree stump and the fence on either side.

As for removing the stump, if it was her tree and paid for it to be cut down, then she really should have got the stump removed at the time as well, but maybe if you both want it gone, you could pay part of the cost each. That way you could ensure that the workers do minimum damage your side. Usually they just use a stump grinder to take it out, they don't dig up and remove big roots or anything like that.

Instead of removing the stump would it be easier just to have it sawn down to ground level,

No one said people don’t have fences. But that’s not what this is about and won’t help the OP.

The neighbour isn’t going to secure the fence, clearly. And the OP was obviously hoping to force her but she can’t because the neighbour has no legal obligation to secure the garden or put in a complete fence. It doesn’t matter what people normally have, what matters is what the legally must do. All she has to do is maintain the boundary. If she isn’t planning to sort this stump and fence out anytime soon then that’s totally her choice. If the OP wants to have her dog in the garden then she needs to secure it. She can’t just let the dog out or she’ll end up reported because dogs don’t have a right to roam.

Thanks. Yes both own homes and she is responsible for that boundary. I just didn't really know if the responsibility extended to making sure the fence was secure. Sounds like not though.

She's specifically said that she wants the roots removing from the stump when she has it done. They have caused paving to crack in her garden and the ground is very uneven, so she wants it all to go eventually. Problem is that the impact will be on my garden too.

To be responsible for a boundary just means ensuring the boundary is visible, so legally a piece of string is acceptable. Whoever wants it secure has to pay for it but you can always ask your neighbour if they wish to contribute but if they say no, you either have to cover all the cost or don't have a secure area. As pp suggested perhaps some chicken wire across it will do for now while you wait for the stump to be dug up.

No reason why they can’t remove the roots her side but not yours.

She can do what she wants on her land. She can’t on yours. If you want the old roots ripped up then let her, but ask that she make it right. She doesn’t have it though. If you don’t want your garden affected then deny access. She doesn’t have to remove the roots on yours side.

Well she can have the roots removed from her side I suppose, but you will be giving permission for what the workers do in your garden, so you can tell them what you want done or left alone on your side. Your neighbour can't insist that you have the roots on your side removed as well, they can just take the stump down flat to ground level and leave the roots alone.

The tree roots will rot eventually, but judging by the ancient stumps in our garden it could take 100 years or more.
Is the stump dead or is it suckering? It shouldn't cause any further damage if it's dead, though if it was cut down fairly recently you could get ground heave because the tree won't be taking water from the soil any more.