Fences Trees Trampolines

[ukdenise]

Good morning hoping someone can help ...I own my property next door is rented from a private landlord .... the fences on this side is responsibility of the landlord. During the high winds this winter 9 of the fences panels came down either partially or entirely .... spoke to neighbour who said she not doing anything about it as she has been given eviction notice she reluctantly gave me landlord phone number ... called landlord who said he not doing anything till tenant goes ... meanwhile I have fences that could fall down and harm my children (8 & 10) and her overgrown garden is now coming into my side of the garden where the fences are missing destroying the climbing plants I had planted on my side ...... im at my wits end my garden looks like a tip now and not the dream home I purchased 2 years ago .... on top of all this the neghbour planted a eucalyptus tree right on the boundary and this also uprooted in the winds taking a fence with it and part of my garden path .... ! Please can someone advise what I can do to resolve this ....thanks

[buildersmate]

Easy peasy. You put your own substantial fence up adjacent to the falling down existing one. The situation you describe confirms ownership of the existing boundary fence. There is absolutely no obligation on that property owner to maintain that fence.

[woofgang]

yup, the only thing to add to Builder's answer it that as it is their fence, they are responsible for its safety and for any damage done by its collapse.

[woofgang]

sorry, meant buildersmate of course

[ukdenise]

thank you for your answers, is it fair that i have to wait for the eviction of the current tenants in his property before he will undertake any repairs ? Additionally the tree that is in his garden and uprooted thus destroying my garden path, is this also his responsibility ? If he refuses to take immediate remedial action what course of action can I take .... thank you

[ethandron]

Or you could put up with it until your neighbour has gone, given that she's had an eviction notice and the landlord has only said he won't do anything till she's gone, not that he won't do anything ever.

[Zacs-Master]

Non. Have you read builders mates post?

[ukdenise]

i did read builders mates' response i replied with reference to woofgangs response which stated landlord responsible for repairs. I am considering putting new fences but I cant where there is an uprooted tree stump slap bang in the middle of where any fence would go .... forgive my ignorance in all this just a lone female trying to make the best of a garden for my children ...

[woofgang]

No, not responsible for repairs, responsible for safety...the landlord can make the fence safe by removing it entirely. You can try billing the landlord for the damage to your garden caused by his fence. How did the stump become uprooted? If the neighbour, not the landlord, planted the eucalyptus then they are responsible to you for any damage caused to your property (good luck there) and to the landlord for the damaged fence.

[woofgang]

not sure where the trampoline comes into this?

[New Judge]

Thats for later - when the fence has been sorted out :-)

[buildersmate]

Easy peasy again.
You write a brief line to landlord informing him you are erecting your own fence and request removal of root in your land in two weeks or you will DIY. Incidentally it will end up DIY, as he will do nothing. It should add little to the overall job cost.