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Do local councils have to make sure gardens are properly fenced?

9 replies

Disenchanted · 23/01/2008 22:46

Basically our garden was fenced by the council but only 1 side

The back is hedges with huge gaps and theres nothing on the right for about 4 metres, the neighbour at the back has some hedging and has put a door or something there.

Anyways she has an alsation and its gotten in before,

Our area hasnt got a 'council' for housing anymore its an independant housing corporation or some shit.

Can I demand they fence me in completely? I have 2 kids under 3.

OP posts:
Disenchanted · 23/01/2008 22:47

It was fenced in by the council on one side about 18 months ago...

now the NEW people are coming in a bout a week to look at the state of the unfenced bit is what i meant.

OP posts:
PillockOfTheCommunity · 23/01/2008 22:49

I think you are responsible for the safety of your children, they have to maintain any fencing they installed originally, but I don't think they legally have to make your garden dog-proof, that is down to you/the neighbour to sort.

but it's worth asking, they can only say no! (and if they do, ask where you can get help with paying for it)

Disenchanted · 23/01/2008 22:51

Lol, no not dog proof, but surely they have to divide the gardens?

OP posts:
ItsNeverTooEarlyForPopcorn · 23/01/2008 22:54

Not in my experience. Darned councils. (I moved so didn't have to deal with this in the end_)

PillockOfTheCommunity · 23/01/2008 22:55

no, only if they provided it do they have to provide upkeep, so the fence you have, they have to keep in good order, but they don't have to provide more

Disenchanted · 23/01/2008 22:56

I was hoping i could babble some legalities to make them do it! lol

OP posts:
OriginalUglyBetty · 25/01/2008 20:49

Councils in my experiance traditionally had the green wire mesh fences when properties built etc. If this was removed at any point by the occupier it became there responsiblity to maintain and the green mesh had to stay the other side to maintain the boundary. the new fences where then gifted to the new tnt who accepted responsibility for the ongoing maintenance or the outgoing tnt had to re-instate the boundary (Wire mesh) however different housing providers have different maintenance proceedures some just give a privacy panel and nothing more, but if you neighbour has a dog she would normally be required by her landlord to make her garden dog prof for the dogs and your childrens safety.
Hope that helps!

Tortington · 25/01/2008 20:57

you need to get in now before the new financial year. as far as i can tell each council has different policies as to whether they will provide fencing.

i suppose it is worth going to the CAB and seeing whether you have some tenuous legal link re; duty of care or something?

horseshoe · 26/01/2008 12:25

I had a similar problem recently. We are private renting and my neighbour owns her house. The Fence had broken between us and my landlord checked the land registry and found that the fence belonged to her and she would be required to fix it. However, we found out that there is no legal responsibility to fix a fence unless there is an opposing security risk i.e. children/dogs..etc Since we were the ones with the childrens AND the dogs and we could not rehome the children.....we had to fix it even though it belonged to her!!!! Since they have the dog and you have the kids...you are both imposing a security risk and may have to go 50/50

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