May 24, 2022

Fence quarrels are common among neighbors – so what do you do when the front door fence collapses?

One man was furious when his neighbor’s fence was blown up in his garden and he was not immediately removed.


There is ambiguity around the rules of the fence, which leads to quarrels among many neighbors.Credit: Getty

The landlord wrote it The Financial TimesThe neighbor’s fence next door blew up in my garden during a storm a few months ago.

“It’s still there, and it’s making my garden incredibly ugly.

“My neighbor erected a fence a few years ago. No one has agreed to maintain it since.”

What are your rights if this happens to you?

This problem is not uncommon, as the fence often collapses or needs to be replaced due to severe weather or breakage.

It is a good idea to find out who is responsible for the fence before any problems arise.

Who is responsible for the fence?

A common myth is that you are responsible for the left hand limit of your property – but this is not always the case.

There are some checks you can do to determine who needs to maintain, repair or remove the fence.

Don’t assume that the fence is your neighbor’s problem, even if he built it to get you started.

Find the limit.

First you need to determine if the fence is your responsibility or to check your neighbor’s whereabouts.

You can do this by examining the actions of your property.

If you do not have a copy, you can. Get them from the land registry.As low as £ 3.

The Service allows you to obtain information about a property and how far its general boundaries extend, even if you do not own it.

It is important to note that actions do not specifically state who is responsible for the limitation – and in some cases, the stated limitation is generalized.

However, it may have a T sign that indicates which side of the fence you are to retain.

The information in the documents can help you make a case, but it cannot be relied upon completely.

Talk to her

Talking to your neighbors can prevent a lot of trouble – so ask them if they are willing to take responsibility.

That way, you can avoid the issue, which could potentially cost you more than the cost of a new fence.

But if things get heated and you think you may need to go to court, consider mediation first – it’s not free, but it’s much cheaper than going to court.

The Royal Institution of Chartered Surveyors (RICS) and the Property Litigation Association Arbitration service to help neighbors resolve border disputes.

RICS also provides a List of surveyors who can help with border disputes..

Talk to the landlords.

If you or your neighbor do not own the property, neither of you may be willing to take responsibility for the new fence.

In this case, you can ask yourself and your neighbor’s landlord which property is responsible for the fence.

Landlords are responsible for fencing and repairing doors – unless the tenant is harmed.

Neighbor’s responsibility

If a broken fence is bothering you, you may want to consider replacing it.

Marie Rouse, head of real estate litigation Wright Haasel, Said: “If the neighbor refuses responsibility, you can carefully put the fence in his garden.”

“If you think this could be a problem, let them know that they are trespassing and causing trouble, and that you are asking them to remove the fence – which will ‘end the trouble.’ It’s called doing. “

Rouse suggests giving the neighbor a fixed time scale, for example seven days, and explaining that if the fence is not far from your property you will destroy it or take legal action.

Call the council.

“As a last resort, you can report them to the council and see if they will investigate,” Rouse said.

The council has the power to sue in a magistrates’ court if it decides it is a legal matter (illegal interference in a person’s use or enjoyment of land).

But of course the council cannot take every issue, especially if it is not clear who is responsible for the fence.

Rousseau said: “Finally, you can instruct a lawyer to come up with a civil suit to get an order that requires you to collect a fence from your neighbor or you have to dispose of it. Be allowed.”

Elsewhere, a property expert shares 20 things you need to consider when buying a home.

Or if you want to sell your home, check out these top tips for successful sales.

On the subject of sale, you can increase the value of your property before it is brought to market.

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