Fence - whose problem?

[sindylouwho]

The fence between us and neighbour is on its last legs. It really does need replacing. However it's not on "our side" should our neighbour replace it? It is their fence but I didn't know whether I should offer to help pay or what basically. I'm a fairly new home owner.

The neighbour doesn't have to replace it at all. Good fences do make good neighbours but there is no legal requirement to have a fence. They might be happy with it as it is.

You could offer to go halves and see what they say. I would word it as you know it's there fence etc... and as a one off gesture of goodwill you are happy to go halves. Otherwise you may find them coming to you to repair it in years to come.

@Eeyoresstickhouse is right- if its on their side its their responsibility but they arent under any legal obligation to fix it or replace it.

You could have a word with them but ultimately, if they refuse there is nothing you can do.

Your neighbour is supposed to protect other’s safety, so if the fence could fall on your glasshouse. Or let their pet escape. They aren’t obliged to provide any barrier to stop your pet or children escaping though.

Well I'm not too fussed about it being replaced, but as it's banging onto our side it is causing damage to our property which we are now going to have to fix. Also, they have a dog. We dont have any pets so it's more in their interest. I just didn't want to come across as rude or anything.

Your neighbour can’t let their fence damage your property. If they remove it. equally can’t rely on your boundaries keeping they pet safe (from running onto the road etc£

First things first, does your title register state the fence on that side is their responsibility? Are there are T marks on the title plan?

@wowfudge yes. It is their boundary. I have spoken to them and they are going to replace it