Divided Panel Fence, Who Is Responsible?

[trt]

My daughters wooden fence has been damaged by the wind and 3 panels are flapping about.

It is between hers and a next door neighbours back garden, and the fascia of the panels are on the neighbours side.

Are both responsible for the upkeep? Thanks.

[ladybirder]

Need to check the Deeds trt. I have one fence with the posts on the inside and one fence with the posts on the outside but my Deeds say I am responsible for both fences.

[Buenchico]

Unless there's a relevant covenant in the property deeds (requiring that the fence be maintained in good order) neither householder has any responsibility to keep the fence in good order.

There's a convention (NB: most definitely NOT a rule) that a property owner erects a fence with the posts on his/her side of it. So it's likely (but not certain) that your daughter owns the fence. However that doesn't mean that she's obliged to maintain it. Unless there's a covenant requiring her to do so, there's nothing to prevent her allowing it to fall down (or simply removing it completely) and saying to her neighbour "If you want a fence, put your own one up; I simply can't be bothered with it".

[woofgang]

To add to Chris's excellent answer, if the fence is dangerous and causes accident or injury then whoever owns it would be responsible, so while an owner CAN just let it fall down, they might be better advised to remove it.

[venator]

There is a convention, don't know how widespread, of showing fence liability on title deed plans by a letter T attached at its base on the side of the fence line which was liable
Sorry about the grammar.

[TWR]

Ask them to talk to each other t resolve the Issue, better that than falling out Trt.

[trt]

There is no falling out its only just happened, and my daughter has never met the neighbour as the way the houses are built they never meet.

[trt]

Just found out that the three sides of my daughters panel fence are showing the fascia sides.

She has called a builder in and he says that she cant be responsible for all three sides of the fencing, and now she is looking for her deeds.

[woofgang]

yes, actually she can be responsible for three sides....not saying that she is but she could be.