FENCE feuds are all too common among neighbours – so what do you do when next door’s fence blows down?
One person was left fuming when their neighbour’s fence was blown over into their garden and not removed straight away.
The homeowner wrote to the Financial Times: “My next-door neighbour’s fence blew down into my garden during a storm a few months ago.
“It is still there, and it is making my garden look incredibly shabby.
“My neighbour erected the fence a few years ago. Nobody has maintained or agreed to maintain it since.”
So what are you rights if this happens to you?
This issue isn’t all that uncommon, as fences often fall down or need replacing due to harsh weather or wear and tear.
It’s a good idea to find out who is responsible for the fence before any issues crop up.
One common myth is that you’re responsible for the left-hand boundary of your property – but this is not always the case.
To determine who needs to maintain, repair, or remove the fence, there are some checks you can carry out.
Don’t assume the fence is your neighbour’s problem, even if they erected it to begin with.
The first thing you need to do to determine whether a fence is your responsibility or your neighbour’s is check where your boundary is.
You can do this by checking the deeds to your property.
If you don’t have a copy, you can get them from Land Registry, for as little as £3.
The service allows you to find information about a property and how far its general boundaries extend, even if you do not own it.
It’s important to note that the deeds won’t specifically state who is responsible for the boundary – and sometimes, the perimeters outlined are generalised.
However, it may have a T mark that shows which fence side is yours to maintain.
The information in the documents can help you build a case, but it cannot be relied upon solely.
Talking to your neighbours could prevent a lot of bother – so ask them if they’re willing to take responsibility up front.
This way, you’re likely avoid any escalation of the matter, which could potentially cost you far more than the price of a new fence.
But if things become heated and you think you may need to go to court, first consider mediation – it’s not free, but it’s considerably cheaper than going to court.
The Royal Institution of Chartered Surveyors (RICS) and the Property Litigation Association created a mediation service to help neighbours resolve boundary disputes.
RICS also provides a list of surveyors who could assist in boundary disputes.
If you or your neighbour don’t own the property, then it may be that neither of you is willing to take responsibility for a new fence.
In this case, you could ask both yours and your neighbour’s landlord which property is responsible for the fence.
Landlords are responsible for repairs to fencing and gates – unless the tenant has caused the damage.
If the broken fence is causing you upset, you could consider putting it back.
Mary Rouse, head of property litigation at Wright Hassall, said: “If the neighbour refuses liability, you could simply put the fence carefully back into their garden.”
“If you think this may cause an issue, inform them that they are trespassing and causing a nuisance, and that you require them to remove the fence – called ‘abating the nuisance’.”
Rouse recommends giving the neighbour a set timescale, for example seven days, and explain that if the fence is not off your property by then you will dispose of it or take legal action.
Rouse said: “As a last resort, you could report them to the council and see if they will investigate.”
The council has power to bring a case in the Magistrates’ Court if it decides it’s a statutory nuisance (unlawful interference with a person’s use or enjoyment of land).
But of course the council can’t take on every case, especially if it’s not clear whose responsibility the fence is.
Rouse said: “Finally, you could instruct a solicitor to bring a civil claim to obtain an order requiring your neighbour to collect the fence or permitting you to dispose of it.”
Elsewhere, one property expert shares the 20 things you need to check when buying a house.
Or if you’re looking to sell your house, check out these top tips for selling successfully.
On the topic of selling, you can add value to your property before putting it on the market.
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