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Fence question

8 replies

CaramelDigestive · 06/02/2020 20:35

Hi

I just bought a semi detached property which has a fence separating the garden from the garden of next door. The fence is half falling down and totally knackered.

When buying I was advised it belongs to next door as it’s on their boundary.

The house is rented to students so I can’t go ask them but am I within my rights to ask the landlord to replace the fence (if I can get their details!)

We want to get a dog and need to have a secure area so that it doesn’t run into their garden. I can’t just put up another fence as there’s also some hedging in the way that would make that very difficult.

Has anyone been in a similar situation?

OP posts:
74NewStreet · 06/02/2020 20:37

I don’t think you can be forced to put up a fence on your boundary. Can’t you just nail the one that’s there back into position?

CaramelDigestive · 06/02/2020 20:49

I wish it was in that good a statement of repair but it’s in pieces in places and other bits are missing. I’m surprised the tenants haven’t complained but I also know that sometimes you ask and don’t get with landlords or they just don’t want to ask!

OP posts:
BubblesBuddy · 06/02/2020 20:49

I would ask the students for the name of the letting agency. Then contact them regarding the fence. As someone who has let out houses, I did repair my fences. It could even be that the owner doesn’t know the fence is dilapidated if the students don’t care and neither did your previous owner. They might agree to putting up new fencing.

Or they might not! I had a neighbour who just wouldn’t repair anything. I put up a fence so my tenants didn’t have to look at next door from the patio! It made me cross but what can you do? Another neighbour also wouldn’t contribute to a jointly owned fence.

So, I would cut the bushes back if you don’t get the answer you want. They will grow back! Put in the fence you want on your land. Also the owner doesn’t have to put a fence up at all. It’s your dog and ultimately it will be down to you.

CaramelDigestive · 06/02/2020 20:50

*state of repair.

OP posts:
TDL2016 · 06/02/2020 20:50

If they are responsible for the boundary, they don’t have to put a fence on it. The fence and the boundary are two different things. You can ask the landlord, but they can say no.
Who advised you the boundary belongs to your neighbour. Is this indicated on your deeds?

CaramelDigestive · 06/02/2020 21:12

I was advised by the solicitor and the estate agent that the fence is currently within the boundary of next doors property and therefore their responsibility. Though I’m hearing clearly that there is not responsibility for them to keep it or replace it.

Sounds like my option is to build one in my side of the boundary if I want a fence.

OP posts:
LIZS · 07/02/2020 18:38

Ndn is not obliged to provide a fence to mark the boundary. However it is your responsibility to secure your garden to contain a dog, not theirs. Therefore you can put a fence up within your land if needs be, even if legally it is your ndn boundary.

HoHoHolly · 07/02/2020 20:07

Yes no harm in asking but they might well say no. If so you could try offering to pay a proportion of it, but you might well prefer to build your own fence so you have full control of your dog's security.

Also it's not unheard of for neighbours both to think the other is responsible. Your agent and solicitor may say it's yours, but that doesn't necessarily mean your neighbour / neighbour's agent / neighbour's solicitor shares that view.

I wouldn't bring the dog into it when you're having the conversation.

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