Neighbours haven't replaced broken fence. Garden not safe for toddler!

[meglet]

I am going out of my mind with this and not sure how to sort it out. My neighbours fence panel fell over in February and they still haven't replaced it . My 1yr DS will be walking in the Spring (possibly sooner) and currently the garden is not safe for him as he is going to keep trying to dash in their garden. Their back garden gate doesn't have a lock either and it opens onto a road. The sodding gap in the fence is going to tempt him every second he is out there.

How can I diplomatically get them to replace it ? It's their fence. Surely homeowners are responsible for maintaining boundaries? Shall I just sod it and pay for it myself?

what side is it on? left or right?

They don't legally have to put a fence back up - they could plant a bush or put in a post and two pieces of wire or build a wall if they want to. There is regulation on how high the fence wall or trees are.

You can though put something on your side of the boundary to stop your child escaping into their garden or onto the road. You have to though keep to your side of the boundary

Certainly not worth going out of your mind worrying! Just put up some fencing, making sure you stay within the boundary and comply with regulations re: height. Problem sorted! As ivy says, they don't HAVE to have a fence - they could plant a hedge, put a wire across or whatever, neither do they have to have a lock on their gate. If this was a problem with a toddler or pet getting into YOUR garden from their side , then, yes, the onus would be on them to prevent it happening. But stopping your toddler from roaming is your responsibility.

My understanding is that they don't have to do anything at all.

Basically they do not have to make their wn garden secure if they don't want to and they have no obligation to make yours secure either!

If, for example, your dog keeps going in and pooping on their lawn it is your fault for not keeping your dog secure, even if it is their fence that is missing.

We had a situation where the council were involved, after our fence blew down we did not want a new fence for various reasons and our neighbours did, they called in the council who told them exactly what I have set out above. (The situation was resolved amicably in the end!)

In short if you want a fence it is up to you, however, there is nothing to stop you approaching them in a freindly way and asking if they intend to replace it at any point, perhaps suggest a cost share or they could pay and you could fit?

HTH!

have you spoken to them? They might be thinking that it is your responsibility or maybe it's just not high on their list of priorities.

You could volunteer to do it and go halves with the cost, you could ask them if they mind if you just do it, or you could ask them if they have had any thoughts about when they are likely to do it.

Please try not to worry about your lo it is unlikely that you will leave him unsupervised anyway (even though right now you are probably thinking how nice it will be in the summer for him to play in the garden while you get on with some washing up or something, it probably won't happen, you'll be right there with him )

Thank for the replies. They know it is their responsibility and said they were going to fix it, but they haven't done it. I think I might pay for a fence down my side of the border so its all secure.

I shall calm down now

Why don't you speak to them again? Point out that you are concerned for your ds' safety and, if they are not minded to fix the fence before he starts walking, you will be securing the garden from your side. However, what you put up might not fit in with the rest of the fence so they'll have to accept whatever you do.

They might then choose to fix the fence so they are not left with something they don't want to look at.

Please bear in mind that if you put up a fence then you accept the responsibility to maintain it too. even though it is still their "side" it becomes your job to do. I am not sure but I think this carries on ad-infinitum too so even if the whole fence is later removed it would still be your problem to replace it IYSWIM.

It may be worth calling your local authority for some advice before you go ahead - bear in mind this may be a "contract" that would be sold with your house (and a new owner may not like it) also, should things go badly, you may have to declare it as a neighbourly dispute if you ever sell too.

I know, I must contact the council for advice too. Good point about me being responsible for maintaining it if I put it up. I don't see my neighbours form one month to the next so its going to be tricky to speak to them. They seem very nice though so hopefully they won't be offended if I do say something.

The fences on all our boundaries have had it and, as we are about to have our garden "done" I contacted the land registry to see which of the fences were ours. Apparently its a common misconception that it's the left hand boundary that tends to be yours, and unless its absolutely stated in the deeds, it's open to interpretation! Very helpful. I was told (in writing) to approach the neighbours and attempt some sort of agreement with them. Great!

Could you not temporarily put chicken wire up on your side of the boundary line ? They have no legal obligation to have a secure fence just maintain the actual line.

Check your title deeds. There may be specific mention in there about what type of boundary has to be maintained. If there is something to that effect in your title deeds, then it is likely to be the same in your neighbours' deeds.

Once you know what is said, it may give you more ammunition when you speak to them.