damaged garden fence

[oldmaggie]

I have very little knowledge of property law so was wondering if anyone could help with a little problem. We have just had to replace a fence that has been badly damaged by next door piling garden waste against it forming a very compact compost heap that has pushed the fence down. My question is are we within our rights to dig the compost away from the fence area before putting up the new fence? Would putting up a notice asking them not to pile waste against the fence be a good idea? If it happens again could we ask them to contribute towards a new fence (this is costing us about �200.00 for this area)? Thanks in advance

[cassa333]

If the fence is yours on your land and the deeds state the fence is your responsibility you have to maintain it.

However your neighbour cannot attach anything to it, paint it or damage it in any way (without your permission).

Do they realise they are recking your fence? and are they doing it on purpose?

If they are simply unaware of the law and the damage they are causing then you could, in the first instance, go and ask them not to do it and explain why.

I'm not sure about asking for payment is enforceable but you could try. Mind you if after being told of the damage they are causing they carry on, then that might be seen as criminal damage?

Unless stated in the deeds of your property that you HAVE to maintain a fence then no one can make anyone else do put one up or keep in in good order.

[oldmaggie]

Thanks for that. Don't think it was done on purpose just that the gardener found it a convenient spot at the bottom of the garden to dump garden waste. We dont often go to that part of our garden and only when one of our dogs stood barking at the fence did we realise how badly damaged it was. We don't want to upset the old lady who lives there because she is close to going into a home, I just wondered for future reference if others move in what the legal position would be. We are renewing the fence because of our animals.