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Who is responsible for a damaged fence?

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balloney | 08:36 Mon 11th Apr 2011 | Property
4 Answers
The strong wind in February blew down a fencing panel into the yard of the owner of the fence.
The owner has propped the damaged panel up against part of our property, in a dangerous manner.

Should the owner have the panel repair or replaced?

Should we put a panel on our side of our property?
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There is no legal nesessity to repair a fence, as far as I know you do not even have to have a fence.
08:39 Mon 11th Apr 2011
unless there is something specificall written in the deeds of the property or a covenant then they can just remove the panel and leave a gap if they so wish.

If you want to put a fence panel on your side of boundary then do so.
-- answer removed --
1. Your neighbour is responsible for repairing his own property.
2. He only needs to repair/replace if there is some particularly pressing reason for him to do so.
3. If you like.
The only obligation your neighbour has it to make sure any fence or wall is safe.
Is the damaged panel on your land? Could it injure you?

The owner is under no obligation to repair or replace the fence. He could take it down entirely if he wished to.

You can put a whole fence up as long as it within your boundary.

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Who is responsible for a damaged fence?

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