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setoda | 17:04 Sun 11th Mar 2007 | Law
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the fence on the left hand side of my garden has fallen down. I think it is the responsibility of my neighbour to repair. There are no clear fence post guidelines. Can anybody advie please ?
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check your deeds to see who is responsible for the boundary.
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i did but cannot find a definate answer
How long have you owned the house ?

If it's recent - the seller would have filled in a form stating which boundaries you are responisble for. This is easily checked and a copy of this should be on file with your solicitors - they may charge, but when I worked for a firm they often sent me looking and asked me to phone the client with the answer.

We own a house that has no boundary responsibilites on all three sides ! It doesnt help though when the wall/fence comes down as you have no say about it being replaced.

No-one on here can give you a definitive answer - only the solicitor - he will know where to look.
Even if your neighbour is responsible for/owns the fence that doesn't necessarily mean he must repair it. He can choose to do without it if he wants and has no livestock to keep in. If it's unsafe he must make it safe, by removing it if necessary, but that's all.

Unless his deeds dictate that he must keep it in good repair, he has no obligation to do so. If they are the same as yours it's likely that ownership and responsibility are undefined.

So sound him out gently. If he agrees it's his responsibility, you are in luck. If he says it's your responsibility, you are out of luck. Offer to go halves.

Ultimately he who wants the fence pays.





whichever side the 'nice' side is on is the owner, assuming its a wooden one.
the owner of the fence gets the bad side (if wooden) as my mate founed out a couple of weeks ago
er... if you buy a fence you can put it up the way you want...your friend may be being conned

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