boundary fences, if it blows down is the owner obliged by law to replace same?

Answer 1

Boundry fences may set on one persons property, but they are the responsibility of both neighbors!
Likewise, replacement cost is a shared expense!

Answer 2

Not a simple question at all. If you can find a deed plan ownership might be indicated by a "T" mark within the garden which owns the boundary. However there is a dfifference between a boundary which is an imaginary line dividing 2 properties and a fence which is the physical indicator of that line. Thus if you put up the fence but the boundary is your neighbour's, the fence remains your property but the boundary is still his responsibility. Whilst ownership of the left hand fence is commonest it is by no means a certainty. Different ways of putting up fencing as mentioned by others is an indicator of ownership but also not definitive. Unless specifically stated in the deeds there is in fact nothing which requires that a fence be erected or maintained so you don't have to do anything at all except make sure that any animals, children etc. do not stray into next doors garden and he must do the same. So you don't have to do anything but lawyers and surveyors love a good boundary dispute as no one but them gains so try and reach an amicable agreement based on the deeds if available.

Answer 3

There is nothing in law that says a fence has to exist, it could simply be a marker on the boundry to show where the boundry lies.

Providing the owner clears up the damaged fencing to the point where it is safe and poses no danger to others then I think that would suffice.

You could certainly not force, for example, a neighbour to replace a damaged fence just because you want a fence between you.

You could how ever simply erect your own fence on your own land.

Answer 4

Not necessarily. It depends if there is a covenant or deed or lease requiring the provision & maintenance of a fence. If the fence is in a conservation area then there is more of a requirement to restore it as it was than in a non-conservation area.

If you are worried about your neighbour's fence the best thing is to have a friendly word eg "I see your fence blew down, do you need a hand fixing it up?" rather than get heavy with them or suffer in silence. If it's your fence, then you should consider repairing or replacing it even if your lease does not require this. Good fences make good neighbours!

Answer 5

Unless there are certain circumstances by which there is a legal requirement to replace it then no. If it fell onto your property then the owner has a responsibility to reimberse you for any damage or loss you have suffered as a result.

Equally, you have the right to remove the fence or parts of it on your property provided you return it to the owner.

Hope this helps.

Answer 6

No..because fences cost money and the owner may not have any money and so the law will not, indeed cannot, instruct the owner to do something that, with all the will in the world, he is incapable of doing. However, if the owner has animals then he must, in law, prevent them from straying.

Answer 7

Several of these answers are partly correct. The short answer is 'maybe'. It depends on whether there are any positive obligations within the title deeds which are enforceable against the owner. It is also impossible to know without examining the title deeds whether the boundary belongs to one party only or is a 'party' structure in which case it is jointly maintainable. You can get a copy of your neighbour's title deeds from here: http://www.landregisteronline.gov.uk/ If you want any further advice feel free to email me.

Answer 8

No. As long as you clear up, and remove any potentially dangerous debris, you don't have to replace the fence if you don't want to.

Answer 9

as long as there is some marker, like fence posts to delineate the boundary, then no, there need be no marker, but it is useful if there is ever any dispute.

Answer 10

it use to be that a lenth of string is a boundary line, but nowdays dont know, try CAB