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Original poster

Neighbour won't replace fence

47 replies

MrsAlwaysRight · 15/03/2022 10:14

My mum's neighbour's fence has over the last year or so gradually been falling over. Recent winds have now completely blown over the remainder of it. Someone is currently there removing the damaged section and mum has asked him what's happening about it being replaced. He says the owner isn't planning on replacing it!

So there is now a large section open between my mum's front garden and their driveway. Are they obliged to replace the boundary in some form or can they choose to leave it open?

Thanks in advance

OP posts:

Londongent · 15/03/2022 10:16

There is no law that states you have to fence in your boundary, unless it's specifically mentioned on the deeds (unlikely). I imagine your mum's next door neighbours are hoping that your mum erects her own fence

Sswhinesthebest · 15/03/2022 10:17

Offer to go halves. That’s only neighbourly

Movinghouseatlast · 15/03/2022 10:19

Have a look on gov.uk on the rules on fences.

Generally there is no rule that says there has to be a fence. If your mum wants a fence then she can put her own up as long as it is totally on her own land.

It might be worth looking at the deeds to check who is responsible for the boundary.

LIZS · 15/03/2022 10:19

No the boundary has to be marked but not necessarily by a fence.

ohdearydearydearyme · 15/03/2022 10:23

A boundary must be maintained.

So if there was a fence there before, the person responsible for the boundary must reinstate the boundary - this would be by reinstating the fence.

So if the fence has fallen down, the neighbour must reinstate the boundary, i.e. replace the fence

ohdearydearydearyme · 15/03/2022 10:25

The pps are correct about no obligation to mark a boundary with a fence/hedge/wire/piece of string....

However, that does not apply to maintaining an existing boundary fence. In that case, it must be reinstated in some way.

That is to protect people who buy a house etc with a marked boundary, e.g. fence or hedge, from those boundaries being removed or falling down etc.

JonSnowedUnder · 15/03/2022 10:28

Speak to the neighbour - price of fencing has shot up recently and maybe they just can't afford it.

ohdearydearydearyme · 15/03/2022 10:29

There are issues with going halves, except if that is the only last resort.
Who decides what style of fence, which quote to chose, when to have it done etc.
Often the neighbour who is responsible for that boundary legally finds they don't want to compromise about the style of fence/hedge or when it is instated/re-instated, or by whom and what cost. In which case, they can't expect someone not legally responsible for the boundary to pay half. Also paying half muddies the water, although it doesn't change the land registry. The land registry sets out who is responsible and nothing changes that, except by a legal process that is time-consuming and costly.

Londongent · 15/03/2022 10:32

A pp has said that if there is an existing boundary fence then it must be maintained. This is not the case. All that is required is that the boundary is marked in some way

Original poster

MrsAlwaysRight · 15/03/2022 10:38

Thanks for the replies. The neighbour can definitely afford to replace it so that won't be the reason. I think there's a good chance that she thinks Mum will eventually do it. Mum has a very large window close to the boundary so now also has loss of privacy as anyone on their driveway can look straight in.

OP posts:

Londongent · 15/03/2022 10:42

@MrsAlwaysRight

I think your mum may need to call their bluff. Wait it out for a while and see if her NDN replaces the fence, or if it is an issue your mum can put her own one up on her property and to her specification

Helenahandkart · 15/03/2022 10:48

Get your mum to put up a really ugly boundary, like a tarp tied up on a bit of old rope, or an old mattress lined up against any remaining fence posts.. Hopefully they’ll be so appalled that they’ll put up a new fence to hide it.

FloBot7 · 15/03/2022 10:54

They might not be replacing immediately due to lack of labourers, or might be saving up to pay for it. A corner of our fence and several panels either side came down in a storm a couple of years ago. One neighbour was furloughed and the other was a renter so we decided to replace them ourselves just to get it done (we'd seen the landlord's makeshift DIY before, not good). It still took 9 months for someone to be available to do the job (we called about 15 companies) and then it was delayed by another 6 weeks due to a shortage of fence panels.

ohdearydearydearyme · 15/03/2022 11:02

I think the fact that there is now a fence is significant. I think the repair and maintenance of a fence is a legal responsibility. So they can't let it fall into disrepair to such an extent that it has to be removed. The legally responsible party (other neighbour) must maintain and repair the fence. I don't think they can just let it rot and break and then take it down.
By 'reinstate', what I meant was maintain and repair, and now at this point, replace.
Removal of privacy is looked on dimly when these issues come to court.

Londongent · 15/03/2022 11:07

@ohdearydearydearyme

I think the fact that there is now a fence is significant. I think the repair and maintenance of a fence is a legal responsibility. So they can't let it fall into disrepair to such an extent that it has to be removed. The legally responsible party (other neighbour) must maintain and repair the fence. I don't think they can just let it rot and break and then take it down. By 'reinstate', what I meant was maintain and repair, and now at this point, replace. Removal of privacy is looked on dimly when these issues come to court.

The neighbours do not have to maintain or repair the fence at all unfortunately. They certainly do not have a duty to maintain their neighbour's privacy. They could put two posts up and tie a string across and this would be enough to mark the boundary

Thewindwhispers · 15/03/2022 11:23

They can leave it open. I had a house with no fence once. Was weird but I wasn’t there ling enough to nother updating it. Lots of houses used to be like that back in the day.

Neighbour is being a dick though.

BlanketsBanned · 15/03/2022 11:27

Maybe there is a delay in stock or someone to do it, the recent storms have created a lot of extra work. Has your mum spoken to the neighbour.

PainterMummy · 15/03/2022 11:31

@Helenahandkart are you my old neighbour? My old back neighbours did this with some type of black material. Of course it fell down with every rain it runs so we ended up paying for entire back fence to be replaced. They refused to even pay half of their fence. However, we have told many people over the years about our cheapskate neighbours.

Whatdramain2022 · 15/03/2022 11:34

The fence is in the front? That's unusual. Tell your mum to buy shutters. Lots of light, but neighbours can't see in. If it was the back garden that was open, it would be a different matter.

Rollercoaster1920 · 15/03/2022 11:48

@Londongent

A pp has said that if there is an existing boundary fence then it must be maintained. This is not the case. All that is required is that the boundary is marked in some way

What law says you must mark your boundary? Open plan front gardens aren't marked.

WombatChocolate · 15/03/2022 12:00

You need to communicate with the owner…either your Mum or you on her behalf.

Until you do this you don’t know the plans the neighbour does or doesn’t have. I remain astonished that people won’t just speak to the relevant person to find out the facts.

In a conversation, you can point out that the boundary fence has come down and ask what their plans are. Be positive and cheery in this conversation. They may refer to plans, or plans with a delay or no plans. You can say your elderly Mum finds the lack of privacy upsetting so you’re keen for progress to be made towards reinstating it. Before this, talk to your Mum about if she is willing to pay or contribute if neighbour won’t pay/pay full amount. Tell her there’s no way to force them, so she has to decide how important it is to her.

Often, when people have a friendly neighbourly discussion progress is made. Go into it expecting neighbour will engage at some level. The exact timescales and specification might not be your ideal, but most will be willing to talk about some level of provision and understand why it’s important.

Recently I communicated with the Landlord of next door whose fence had fallen down. Probably 10 years ago they replaced 2 panels after similar contact from me. This time, although it took a long time, eventually a brilliant new fence appeared. Communication and some patience are important in all this. Also important to try to maintain good neighbourly relations. In this time of lots of fences blown down, neighbours do sometimes contribute to costs or offer help in installing fences etc. Goodwill is important and given the fact there is no obligation to replace fences, goodwill and a bit of flexibility can yield better results than being really firm and insisting….when you can’t actually insist.

Londongent · 15/03/2022 12:10

Rollercoaster1920 good point...there isn't a law to state you need to mark your boundary (though most properties do have some feature to show the boundary). I'm afraid there isn't anything OP's mum can do other than to wait it out, or replace the fence themselves if privacy is such an issue

Justilou1 · 15/03/2022 12:43

You and your mum should have a very loud conversation about the hedge you’re “planning to plant” made out of Leylandii when you know they’re likely to be eavesdropping. Make sure that you mention it’s going to be inside your mother’s boundary and it’s likely to grow taller than this horrible woman’s house.

BlanketsBanned · 15/03/2022 12:59

Why is the neighbour horrible and be threatened with a leylandi just because she hasnt replaced a fence panel, isnt it a bit more sensible and less dramatic just to go round and ask if she is replacing it and if she says no then just offer to pay half , life is too bloody short.

etulosba · 15/03/2022 14:05

Make sure that you mention it’s going to be inside your mother’s boundary and it’s likely to grow taller than this horrible woman’s house.

It’s unlikely to reach that height if the neighbour gets the council involved.

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