A fight that started over a fence is a common occurrence among neighbors, but what should you do when the fence next door collapses?
One landlord was not the happiest when his neighbor’s fence blew into their garden and was not removed immediately.
he wrote to financial TimesSaying: “A few months ago my neighbor’s fence blew into my garden during a storm.
“It still is, and it is making my garden incredibly shabby.
“My neighbor had put up a fence a few years back. Since then no one has consented to retain or maintain it. ,
This problem is quite common, as the fence often falls or needs to be replaced due to wear and tear or harsh weather.
It is advisable to find out who is responsible for the fence before any problems arise.
Who is responsible for the fence?
A common myth is that you are responsible for the left-hand side of your assets – although this is not always the case.
To find out who needs to maintain, repair, or remove a fence, there are a few checks you can do.
You shouldn’t assume that the fence is your neighbor’s problem, even if they built it to begin with.
find the limit
To determine whether the fence is your responsibility or your neighbor’s, the first thing you need to do is to check where your boundary is.
This can be found in the deeds of your estate.
If you don’t have a copy, you can get them from the land registryFor as little as £3.
Through the Service, you can obtain information about a property and how far its general limits extend, even if you do not own it.
It is important to remember that the functions will not specifically state who is responsible for the range, and sometimes the perimeters mentioned are generalized.
However it may have a T mark indicating which side of the fence you have to maintain.
The information found in the documents may help you make a case, but be advised that it cannot be relied upon completely.
It sounds so simple, but a little conversation can save you a lot of trouble in the long run, so just ask them if they’re ready to take on the responsibility.
By doing this, you can avoid aggravating the case, which could potentially cost you a lot more than the cost of a new fence.
Should things heat up and you think you might need to go to court, consider mediation first – it’s not free, but it’s much cheaper than going to court.
The Royal Institution of Chartered Surveyors (RICS) and the Property Litigation Association created a Arbitration service to help neighbors resolve border disputes,
RICS also offers a List of surveyors who assist in border disputes,
talk to landlords
If neither you nor your neighbors own the property, both of you may not be willing to take responsibility for a new fence.
In this case, you can ask both your landlord and your neighbor which property is responsible for it.
Landlords are responsible for repairing fences and gates—unless the tenant has caused damage.
If a broken fence is bothering you, you may want to consider carefully putting it back.
Marie Rouse, Head of Property Litigation Right Hustle, Said: “If the neighbor denies the obligation, you can carefully put the fence back in their garden.”
She continued: “If you think this may cause a problem, inform them that they are trespassing and causing a nuisance, and that you need to remove the fence from them – which is called ‘reducing the disturbance. ‘ is called.”
Rouse recommends giving the neighbor a set deadline, for example seven days, and explaining that if the fence isn’t off your property you will dispose of it or take legal action.
call the council
Rouse added: “As a last resort, you can report them to the council and see if they will investigate.”
The Council has the power to bring the matter to the Magistrate’s Court if it decides that it is a statutory nuisance (unlawful interference with the use or enjoyment of land of any person).
However, the council may not take up every case, especially if it is not clear where the responsibility of the fence lies.
Rouse said: “Ultimately, you can instruct an attorney to bring a civil claim to obtain an order requiring your neighbor to assemble the fence or allow you to dispose of it.”
Elsewhere, a property expert shares 20 things you should check when buying a home.
or if you are looking to sell your home, Check out these top tips for selling successfully.
On the topic of selling, you can And add value before unloading its assets in the market.
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