Coucil Owned Boundary Fence Who's Responsibility.

[B1eachy]

I bought my property in May 2012 and the house is at the end of the street and is next to a car park which is council owned, the fence around my property is basically rotted and falling to bits and looks very scruffy and makes my house look awful.

When purchasing the property my solicitor informed me that the fence is owned by the council and I should contact them about having it replaced, so we contacted them time and time and it took 3 months before they basically nailed a couple of lengths of wood across the worst area bracing it, but also making it look even worse.

I'm actually unsure what I can do about this with it being next to a car park and with it being in such poor condition it gives people easy access into my property, is it my problem or is it the councils responsibility to make sure it is safe, which it clearly isn't.

Just thinking about the damn thing gives me a headache.

[boxtops]

I'd contact the Council's estates department and ask for them to come and look at it. That'll make them decide whether it's theirs or not. Send them some photos.

[woofgang]

The council don't have to provide a fence at all but if they do the fence must be safe (no spikes and not liable to fall over) but need not be secure as in protective of your property unless there is a covenant to say otherwise. Baseline if you want a secure fence, you need to put your own up.

[B1eachy]

I just don't want them to turn around and say fine we will remove it but ur replacing it.

[woofgang]

They don't have to put up a fence. Unless there is a covenant that they have to keep the car park fenced then they don't have to. Equally unless there is a covenant that you have to keep your land fenced then you don't have to.

[roz.ronly]

Your Deeds should state exactly who responsible for the fence. As it is now all electronic, your solicitor was reading from the old style Deed. Usually as you face the front door, the owner is responsible for the right hand fence/wall/barrier. Bit more difficult with a car park surround. I would contact my local Councillor for my area and demand they come and look into it as I doubt your solicitor would have mislead you.

[woofgang]

"Your Deeds should state exactly who responsible for the fence. As it is now all electronic, your solicitor was reading from the old style Deed. Usually as you face the front door, the owner is responsible for the right hand fence/wall/barrier."

roz that is a common misconception. It seems from what the OP says that the Council do accept that they own the fence, therefore as i said, if they leave it there they must keep it safe but not necessarily secure but unless there is a covenant that says otherwise, if they remove it, they DO NOT have to replace it.

[B1eachy]

My thoughts are also the fact they came and repaired it, they have accepted responsibility for it in a sense but I can't find anything in the deeds about that fence or anything involving having to keep my property fenced

[The Builder]

B1eachy...... just because it's the Council's fence doesn't mean that they are obliged to repair or maintain it if they don't want to. (Except in exceptional cases where it is unsafe and a danger to the public.)

Really, I would take the pragmatic approach, and build your own inside the existing one.

[B1eachy]

If I had the money to build my own fence I would, but it's not something I have at the moment , parts of the fence have actually come away from the post exposing nails and having a 2 year old child I fear it may fall on him or worse

[woofgang]

Indeed you are right, if they have repaired it that can be an admission of ownership. If the side facing into your land is dangerous then do get on to the council regarding the risk to your child. Be prepared though for them to exercise their right to remove the fence and not replace it with anything.

[Canary42]

Your best option would be for one of you or your family to 'injure' themselves on the fence then claim through a no-win-no-fee outfit, then use the compensation to build your own.

You could just report the danger, but then of course they are likely to just remove it, with no obligation to replace.

[B1eachy]

Thanks for all the replies, I'm going to take some photos of the fence and send them with a letter to my local pm as methyl suggested, the injury claim route is tempting but it's not in my nature lol, I'll keep this question active with the outcome of the letter I send.

[hc4361]

Canary42, ludicrous and illegal suggestion.

Even if a member of the family was genuinely injured it could take years to settle and in the meantime the council would just remove the fence.

[gingejbee]

When you have some pics, would your local paper be interested in doing a small piece on the subject?

[joko]

gingebee - would you be interested in reading about some strangers fence in your paper?

why on earth would this make a story?

as others have said the coun
cil dont have to put a fence up and they couldnt care less whether it looks nice.

[AlwaysConfused]

just replace it- surely it doesn't cost that much?