Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Can we do anything to make our neighbours fix their fence?

49 replies

moosemama · 04/04/2012 16:23

Having spent around £4,000 having the fence to the right of us and across the end of he garden refenced we are having problems with our neighbours on the other side not maintaining their fence.

The fence is the responsibility of their propery and was there before they moved it, its 6ft panel fencing, but very badly put together and basically falling to bits. One panel in particular keeps falling into our garden (snapping my blooming washing line every single time Angry) every time there is anything stronger than a mild gust of wind. Dh has tried to fix it himself on several occasions, but there's basically nothing to attach it to, as the whole fenceline is falling apart. We have forked out for planks of wood and concrete post set a few times and managed to keep it together for a little while, but as soon as we get some strong winds, over it goes again.

We have two dogs and if we don't see that the panel is down before we let them out - or it comes down when they are in the garden, they can get out onto our road - which is a busy main road. Our lurcher doesn't tend to leave the neighbours garden, but our old lady dog just bolts. This has happened several times now and on two of those occasions we were lucky that someone found her and took her in, after passing her details to the dog-warden, so we got her back.

I have literally just had the latest incident about an hour ago when the blooming panel blew down just as the dogs headed out into the garden. I saw my old girl shoot through the panel, and ran outside, realised their side gate was also open and ran out the front just in time to see her heading at speed for the traffic, fortunately a bus shot past and she turned and ran towards the park instead. She is getting pretty deaf and didn't even seem to realise I was behind calling her (she used to have a bombproof recall but her hearing is affecting this these days). Cue me running around in my joggers, tshirt and .... ahem .... crocs in the park in the wind and sleet, leaving my three dcs at home alone. I caught her and brought her home, but am still shaking - not to mention furious. Angry

Dh has spoken to our neighbour (who ironically is a builder) about it on several occasions and he's always all nice and smiley about it - 'yeah fine, ok I'll get it fixed' kind of thing, but this has been going on for a couple of years now and after this afternoon's experience I've had enough. I have asked dh to go round and have it out with him - but, well dh isn't good with confrontation at the best of time. An additional problem is that they never answer their front door, even if you can see them in the front room, they just ignore it.

I have just typed of a quick letter to him, sharp but not rude or insulting, pointing out that he owns the fenceline, what the problem is and that I want him to fix it asap. Is there anything I could can do to 'force/make' him fix the fence or is it a case of it being his property - so up to him whether or not he wants to maintain it?

OP posts:
hathorinareddress · 04/04/2012 17:10

If the fence is on his side of the boundary, then it has as much to do with you as his patio.

If it forms the boundary, then you are both equally responsible.

I'm not unsympathetic - I have a dog and he's a bolter - but legally it's his structure, totally on his property, then you've as much right to ask him to fix the fence as you have to ask him to fix a broken flag on a patio or build a gazebo

ragged · 04/04/2012 17:20

Couldn't MooseMama agree with her neighbour that she (Moosemama+her DH) would make a temporary repair? If both sides put it in writing (with signatures) what the repair would consist of, and that MM was responsible for removing it whenever Neighbour asked, then wouldn't it be legally safe enough for MM to put some dog mesh or other temp panels up?

moosemama · 04/04/2012 17:20

SuPurbly, I have it on good authority that he wouldn't listen to a woman and to be honest from conversations I have had with him, I'm inclined to believe my source, iyswim. I know dh hasn't just said, the 'when you have a minute' thing though, he has asked him nicely to get the worst panels fixed. I do think the reason he hasn't done it is mainly because he's very laid back, rather than because he doesn't want to do it.

I should point out that all we have asked him to do is fix the worst panels which are all attached to each other, rather than posts, hence why they all get pulled down together - this amounts to just three panels. We are fine to do a combination of planting and blocking from our side for the holes, but its not going to be long before the whole blooming lot comes down.

Longer term, if we ever get some more money, we would love to put up our own fence along our side and forget about the one it would obscure.

Merci, at this point I would offer to go halves, if we could catch him long enough to offer. I can't remember the last time we saw him and he doesn't answer the door when he's home.

I am grateful for everyone's opinions, my reaction today was definitely one of shock after chasing the dog. She was almost hit by a reversing car in the park carpark (she didn't hear it) and I was in a real state afterwards. I have calmed down a bit now.

I think we are just going to have to bite the bullet and borrow some money to put up some sort of fencing down our side. I think I know what we'll be doing this bank holiday!

OP posts:
Heswall · 04/04/2012 17:24

Containment of your dog is your problem but if they don't fix the fence they won't mind your dog shitting in their garden will they.

hathorinareddress · 04/04/2012 17:25

Heswall - it's an offence here to allow a dog to stray. And also not to pick up their poo.

moosemama · 04/04/2012 17:25

Thanks Hathor. I think I get it now. Blush

Ragged, the problem we have at the moment is getting hold of him. He's in now, but there's no way he'd answer the door - he doesn't answer it to anyone. That's why I wrote the letter. I did explain that I'd just had a shock as the dog had got out and that we'd almost lost her twice over the past year when the panel has come down and then said, please could he get it fixed before the worst happens. Basically what I would have said face to face, if I ever got the chance.

If we could have a proper conversation with him about it, I'm sure we could come to some sort of agreement - but we never get to speak to him. So, taking on board everything that's been said on this thread I guess we are going to have to do some fencing ourselves over the bank holiday weekend.

OP posts:
hathorinareddress · 04/04/2012 17:27

Moose - I'm sorry for coming across abruptly Blush

I think I sounded harsher than I meant to.

moosemama · 04/04/2012 17:30

Heswall, I appreciate the spirit Smile but Hathor is right and I have always prided myself on being a responsible dog owner - in particular not letting my having dogs impinge on or affect anyone else adversely.

Everyone who has said the dogs are my responsibliity is absolutely right and short of forking out money we don't have for a new fence, we've done everything we can to keep them in.

(Actually he never goes in his garden, so probably wouldn't notice anyway.)

Can't believe how big this thread is. I thought I'd either get one response or none!

OP posts:
moosemama · 04/04/2012 17:33

Its OK Hathor, I understood what you were trying to say, I was just feeling a bit wobbly. Blush

I thought dh had actually done it this time and the damned fence was going to stay put for a while. I think its a few months since it last came down. We were already fretting about money this month, but I can't carry on like this worrying about my dogs getting out, so we will just have to borrow some money and do what we can as an interim measure.

OP posts:
ragged · 04/04/2012 17:53

Am I right to think that in order to be criminal trespass someone has to refuse to leave when asked? In other words, I don't think OP & her DH could be done for trespass unless they were chronically invading in spite of being told not to, or didn't leave the moment when asked?

hathorinareddress · 04/04/2012 17:56

Trespass is not normally a criminal offence.

And the mere act of being on someone else's land without permission is trespass.

moosemama · 04/04/2012 17:57

I'm just realising what a flakey drip-feeder I have come across on this thread. Sorry. Blush

Also realising what idiots we are for even thinking the guy might do the decent thing. They are our dogs and we should have just come up with our own solution in the first place.

OP posts:
Kladdkaka · 04/04/2012 21:17

Where I live gardens aren't usually fenced. Dog owners, like me, use cable runs. How about doing the same? Then you can leave the broken fence until it bothers him enough to fix it. He has no incentive to do it at the moment because you keep patching it up for him.

moosemama · 04/04/2012 21:22

Thanks for the idea Kladdkaka, but I don't think its the solution for us.

Have spoken to dh and we're going to get some panels at the weekend and put them up on our side down the middle section of the garden where there's the worst damage.

OP posts:
mistlethrush · 04/04/2012 21:35

DOes the lurcher jump? (we had one that could nip over a 5 bar gate from standing but wouldn't go over a 6" boundary that she knew was a boundary so know both sides of the lurcher issue). If not, could you get some fence posts that could be knocked into the ground with a fence post rammer and a roll of sheep netting. If the neighbour's fence comes down and knocks that over, he's liable for the damage (and your washing line). The wind won't blow it over either....

moosemama · 04/04/2012 21:51

He can jump ... does a beautiful deer-like leap over the dog-gate once the dcs are in bed, but never does outside. I think he's too much of a wuss really - think long, pointy and not very bright, bless him. In fact he only went through the gap to next door's garden once and came over all uneccessary. Scared the life out of himself - and now actually heads in the opposite direction if the fence is down. Grin He came haring back to the back door to tell me our old lady had gone today - he was all of a dither, but wouldn't go anywhere near the gap himself.

Old lady dog can't jump anymore, but boy can she move when she's motivated. Shock That dog simply has no idea she's getting on for 14 years old!

We could put up some netting and posts that are shorter in height, but I think I'd always worry unless we'd done something more substantial. I think we're going to go for 6ft larch lap to be honest, just for peace of mind.

Thanks for the suggestion though. Will bear it in mind if dh goes pale when we go to price up panels.

OP posts:
moosemama · 04/04/2012 21:53

Interesting that your lurcher wouldn't go past the boundary either. I wonder if we've discovered a new lurcher trait?

OP posts:
mistlethrush · 05/04/2012 07:50

Our lurcher was very dim too - and very obedient - I don't think that there was any brain power left to be disobedient (unlike the later terrier/collie cross)(who waited until your back was turned to nip over the gate or through the hedge so you didn't see how she did it). The lurcher knew where the back gate was - so even if it was open she didn't go across the line unless you were with her and asked her to come with you.

If its only the older one, I'd really think of the sheep netting option with some decent length posts to keep it up securely. And tell the neighbour what you're doing and that he'll be responsible for repairing your fence if his fence knocks it over (although a few panels shouldn't bother it if the posts are put in securely). I would then plant climbers to cover the sheep netting and you've got something that loooks good too.

moosemama · 05/04/2012 12:02

Quick update.

Neighbour got up this morning and ...... fixed the fence! Grin

I have written him a thank you card, explaining I was a bit of a wreck yesterday after seeing the dog nearly getting run over and that we are extremely grateful to him for fixing the fence, as it will be a load off our mind. Might get him a few beers as well.

As I thought, he has been able to use stuff he already had around to reinforce the panels and he's moved and reset the post, so it didn't cost him much, if anything.

Mistlethrush. I think we might follow your suggestion anyway. I think if we put in a line of wire fencing up to 3/4 foot or something and train climbers up it, then we won't need to worry about the places where holes are appearing elsewhere along the line.

Thanks for everyones' comments and suggestions. Smile

OP posts:
hathorinareddress · 05/04/2012 12:53

Result!Grin

moosemama · 05/04/2012 13:47
Grin
OP posts:
digerd · 06/09/2012 16:46

Well, thank goodness for that as I was totally in your shoes and worried about you both and your dogs. I can feel your relief at the sudden and surprising turn around by your neighbour and bet your wife shed a tear of relief after so long in a state of anxiety. We had a small dog and she got through the privet hedge gap, we had not seen and got run over. When I got another, then another small dog, I could not relax until my DH fenced our hedge too, plus wire fences and gates on both sides of our detached house. He protested a bit as he had a grass cutter tractor for our half an acre land, and the side fences and gates were a nuisance to him, but he was also devastated when our first dog got out and run over, but it was a long and tedious job for him, but well worth it for my piece of mind. We had no problem with neighbours as boundaries were several metres away on both sides in Germany were we lived

msivywilde · 06/01/2015 23:09

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

TheSpottedZebra · 06/01/2015 23:15

Wow, what subtle and we'll - targeted advertising there !

New posts on this thread. Refresh page
Swipe left for the next trending thread