Where you are experiencing problems over a boundary fence with a neighbour, perhaps the fence is in a state of disrepair and needs to be replace, it is important to establish who is responsible for the fence.
Which fence are you responsible for?
While many believe that each neighbour is responsible for a particular fence, this isn’t the case in law. Property title deeds may show where responsibility for maintaining boundaries rests but this is not a legal requirement. A good starting point is HM Land Registry.
When the problem fence is your neighbour’s
If you establish that the fence is the responsibility of your neighbour, careful consideration of all your options is needed. In law, they are not required to erect a fence on their boundary and would be within their rights to remove the fence without replacing it. Where this is a possibility, this might be worse than the situation you find yourself in. While it can be distressing to have a leaning, rotten or broken fence, there is nothing you can do legally, so how can you proceed?
What are your options?
- In the first instance, it is always preferable to find an amicable solution. Talk to your neighbour and ask if they have any plans to fix the fence – they may not even be aware of the problem. However, bear in mind that they are not required by law to mend the fence unless there is a safety issue.
- If your neighbours can’t or won’t carry out repairs (maybe they don’t have the finances?) and you cannot live with the eyesore, you could try and reach an agreement to pay some towards the cost of the fence repairs. If this is your way forward, it is better to clarify that should the new fence fall into disrepair, you will not assume further responsibility for it.
- Where no agreement can be reached amicably, your last option is to erect a new fence on your side, alongside the existing one. Be aware here, though, that you have no right to remove the existing fence. This effectively means that there will be two fences running along the boundary and you need to ensure your neighbour understands the new fence is on your private property, inside the boundary line.
Fixing a damaged fence
Where a fence has suffered damage and needs to be repaired rather than replaced, there are lots of things that can be done. Wobbling fences can may benefit from fence posts being reinforced with concrete repair spurs or a fence post support spike, and learning how to repair a broken fence is useful.
Timber fencing from Witham Timber
It can be hard to recognise when it is time to replace your timber fence, but if you decide the time has come, our complete guide to buying a fence will help. With over 40 years’ experience in supplying quality, pressure-treated timber fencing products to commercial and domestic markets, our qualified sales team can help with any enquiries. Simply send us an email to sales@withamtimber.co.uk or give us a call on 01205 359188.