Damaged Fence - Who Pays?
The wooden fence between my house and next door is shown on the deeds as being my fence although the "smooth" side is on my side suggesting the fence belongs to my neighbour. One of the fence posts has been burnt through on my neighbour's side thus weakening the structure, which cause the post to snap in high winds. This in turn overloaded the next post, which also snapped. A temporary repair to the burnt post has been carried out, though apparently not effectively. The rest of the fence, although 20+ years old, is fine. I have propped the fence in sensible places to prevent it from falling and my neighbour has propped the fence in places that have caused further damage. The base of the fence has been pushed by my neighbours soil to the extent that it has damaged it. In the past I have asked my neighbour to make sure that his garden does not overrun mine to be met with a threat of "legal action". I am told by my neighbour that I am responsible for making sure his garden is kept off mine.
A number of questions arise:
1 Who is responsible for upkeep of the fence?
2 Who is responsible for repairing the damage to the fence?
3 Who is responsible for keeping my neighbour's garden in check?
4 Who is responsible for disposing of the parts of my neighbour's garden removed from my property?
5 If the weakened fence falls on my neighbour's property, who is responsible for any damaged caused?
6 Am I allowed onto my neighbour's property to repair the fence if I am so liable?
7 If I repair the fence, how can I prevent a reccurrence of the damage?
I do not claim that the burning of the fence post was carried out by my neighbour but as it was not damaged on my side (of the fence) it would be hard to show that I had damaged it. It would appear to have been damaged by a bonfire in my neighbour's garden.
Thanks in anticipation.
1. If the deeds say that you
1. If the deeds say that you are responsible the it is you. However I always advise clients that if a fence has been replaced then it belongs to the person who paid for it. This may have happened here and if that is the case the the neighbour is responsible.
2. The person who caued the damage is responsible for the cost of repair. Getting that person to effect the repair would be very difficult.
3. Your neighbour.
4. I did not understand this point.
5. As it was your neighbour or someone on his property who caused the damage it follows that you cannot be responsible if the fence collapses and causes further damage.
6. Quite often there will be a right in your deeds to enter adjoining land but if there is not you could invoke the Acess to Neigbouring Land Act 1992.
7. I do not think there is any way you can prevent a recurrence.
4 This refers to the
4 This refers to the responsibility of disposing of my neighbour's over growing trees, lawn, soil once removed from my property. If I remove anything then can I return the removed branches, soil, lawn etc to my neighbour's property or am I responsible for their disposal?
5 Is this still the case if the damage was caused by a previous occupant?
Thanks in advance.
4. OK I see what you mean.
4. OK I see what you mean. Any encroachments over your land can be cut back by you to the boundary. Those items sill remain in the ownership of your neighbour and should be returned to him. For example if a tree which is growing on the land next door has a branch which grows across your land you can cut it back to the boundary. That branch still however is owned by your neighbour and has to be returned to him - usually by chucking it back over the fence.
5. I believe so on the basis that the fence belongs to your neighbour as per answer 1.
5 The fence is mine but I
5 The fence is mine but I am covering all bases just in case the neighbour claims that I can't prove when the damage was done and that it occurred before he moved in next door. Owing to the length of time the current neighbour has lived there I don't think that it would be sensible to try and claim the damage was done by the previous owner.
Many thanks for your help.