Fence/Boundary Responsibility

[Ripley58]

The dividing fence between my council property and my neighbours private property has suffered as a result of the recent storms. My neighbour is abroad fror a number of months and I cannot ask him which one of us has responsibility to repair it. Is there an easy rule of thumb way I can work this out?

[Buenchico]

Firstly, unless there's a covenant relating to the upkeep of boundary fences, there's no reason that either of you is automatically obliged to repair the fence. Whoever owns it can simply leave it in a poor state of repair or remove it.

Secondly, there's no universally reliable way of establishing who owns a fence - but consider how most people would erect a fence at the front of their property. Almost everybody would erect it with the fence posts on the inside of the fence. This convention (which is not a rule) often applies to boundary fences as well. I.e. if the convention has been followed, the owner of the fence will be the person who has the fence posts on their side of the fence.

As stated, it's only a convention, not a rule. Further, it won't help much if the fence has 'in-line' posts.

Chris

[Buenchico]

Just a thought:
The council should have a record of which fences are council property. However, my late father worked in a council's technical services department and part of his job was to ensure that repairs were authorised to fences owned by the council (but not those which were privately owned). He frequently found that, when council properties had been sold, nobody had thought to clarify the ownership of the boundary fence.

I'd advise having a word with the relevant council department to see if they know who owns the fence and (if they own it) to get it repaired.

Chris

[Ripley58]

Thank you for your answer, Buenchico. I was being naive to hope there would be a universal agreement/law.

[Ripley58]

Just as I read your second answer, Buenchico, the phone rang and it was my local council replying to my earlier inquiry on this matter. It turns out the fence is my responsibility and sadly our council no longer carry out repairs on such fences. Blast!!

[Mamjet]

here's what you do - nothing.

if your high and mighty posh home-owning neighbour doesn't want to fix it, then tell him it's staying like that.

you might want to set fire to his wheely bins at midnight, for added effect.

[lawsanass]

Where I live it is widely recognised that as you look at your property from the front you are responsible for the boundary to the left side, dont know if that applys everywhere though

[catmando]

If you discuss the matter with your neighbour and explain what you have found out from the council, you may be able to reach an agreement agree to share the cost of repairs to your mutual advantage.

[simon09]

Apparently the left hand side of the house, is the responsibility of the Home Owner. Irrespective of whether it is private or council. Supposed to be negotiable, and of course who it annoys. I have a private property, mortgage free, and my neighbour stacks all their crap against the fence. I have 4 x 6Ft panels to repair on both sides of the house. I am I responsible for both?