Property experts have revealed your rights when a neighbour refuses to fix a deteriorated or broken fence that separates your property from theirs. Boundaries, such as walls and fences, are often a point of contention between neighbours, especially those with adjoining back gardens. Whether it’s overhanging branches or leaves falling over the boundary line, it is important to establish where the boundary between properties actually is before you take any action.
But it is also important to establish who the actual owner of the boundary is. This is especially important when it comes to fence and wall repairs, and who is responsible for them. Although there are two sides to your fence, one facing your garden and the other facing your neighbour’s garden, it is not always owned by both of you. Instead, it could actually be owned by your neighbour, in which case it is their responsibility when it becomes damaged or falls into disrepair.
The experts at Petty Son & Prestwich estate agents in London have explained your rights when it comes to repairing a fence that separates your property from your neighbour’s property. “Many homeowners are blissfully unaware of garden fence laws until it’s too late,” they warn.
“Boundary disputes can be both costly and frustrating, and garden fences are often at the heart of conflicts between neighbours.”
If the fence has become damaged, the neighbour who legally owns it is responsible for repairing it. However, this means that they might leave an unsightly fence up, which can be a bit of an eye-sore.
Unfortunately, there is little you can do other than speak with your neighbour and ask them to repair the fence. Unless it is a safety hazard on your side, they are not responsible for doing anything to the fence.
Trentwood Fencing Ltd list a number of ways to go about mending the problem. They suggest that if your neighbour is physically unable to fix the fence, you could offer to do it for them, as long as they agree to let you.
You could also erect a new fence without removing the other one. This will mean that there will be two fences right beside each other. But this way, you will have full control over the fence you have put up. Just make sure it sits on the right side of the boundary line.
