I have my deeds that show the Council own the boundary, they let it to a charity trust( a car park for a local village hall), and the deeds are silent on maintenance. They admit ownership but say there is no budget to repair it. My garden is now wide open to a car park, and I feel very insecure and a lack of privacy. How can I ensure they take on their responsibility by actually mending/replacing it. They say they will look into it......
2007-02-04 10:16:03 · 19 answers · asked by Anonymous in Home & Garden ➔ Maintenance & Repairs
Ring them and tell them you intend to go to the local and Daily newspapers, local TV with the story if they don't promise to fix it in the near future.
2007-02-04 10:20:29 · answer #1 · answered by Angelfish 6 · 0⤊ 0⤋
Ensure you write to them so that you have records of communication.
Play up the safety risks to children in the garden. Even if not your own. Threaten to sue, giving them a time frame to fix it, before you start procedings. eg. 28 days.
Always enlist councillors for local authority problems, this is the stuff they like to do deal with, and why they were elected.
If you're willing to contribute something, hold that back as a last reserve, otherwise they will try to push your contribution up and up. If they have no money, maybe they should have had insurance against this sort of thing or a contingency budget. Again, not your problem if they didn't.
Good luck! Rob
2007-02-05 04:29:05 · answer #2 · answered by Rob E 7 · 0⤊ 0⤋
Write a letter to the council's clerk of works pointing out that it is their responsibility to repair their fence and informing him that you expect the fence to be repaired at their cost. You can give him a time limit - like 10 days - and inform him that if the work is not done within that time you will get the work done and take legal action to reclaim the cost of the work and the legal fees. If the situation was reversed, that is what they would do without any hesitation.
2007-02-08 12:52:49 · answer #3 · answered by David W 4 · 0⤊ 0⤋
They have to fix it. Money or not. Especially if it's effecting the life style or security of a resident. If your house gets burgled or anything stolen from your garden, the local council are instantly liable to compensate through there insurance if no repair order is in place.
By all right, you can place your most valuble items in the garden in full view of the effected area and if they were to go missing the council will have to reimburse you. (i wouldnt reccomend it though :) )
get on to your local councilor. He is the big wig with the power and can make things happen fast.
2007-02-04 18:24:55 · answer #4 · answered by trickyrick32 4 · 0⤊ 0⤋
My advice is to call a town meeting. State your case and document it and get some justification if you can use the idea that your garden will get walked on by the public. I dont know much about the law but I believe they have to replace that fence. If your local Government wont help you go to the State Government. Dont stop till the pre-exhisting fence is repaired.
2007-02-04 18:23:31 · answer #5 · answered by Mary C 1 · 0⤊ 0⤋
Write a NICE letter to the council members; also to the owners of the local village hall - or appear at their monthly board meeting.
Could you offer to pay half of the repair costs?
Good luck with this
2007-02-04 18:31:20 · answer #6 · answered by JustSo 3 · 0⤊ 0⤋
Ring the council and tell them that you are having the work done to repair it but you will be sending them the bill for the repair as it is their property so is therefore their responsibility , And do exactly that ! if they fail to pay up then you can take them to the county court to claim back any expenses & additional cost`s !
2007-02-04 18:26:47 · answer #7 · answered by charlotterobo 4 · 0⤊ 0⤋
If you don't have young children, tell them you have young children visiting so it would not be safe as it leads onto a car park. In fact tell them anything about safety, then they'll get worried about becoming liable for something. Make the point, surely it's cheaper to replace the fence than to end up in court paying you damages!
2007-02-04 18:24:11 · answer #8 · answered by Anonymous · 1⤊ 0⤋
I have the same sort of problem. You can't force them to put it back up by law.. If you keep on at them they may find a way of doing something or they may not. There is no law that says you must keep your own fence up. I do add that I am in UK as many of the answers here say it is the law they must be somewhere else
2007-02-05 03:54:51 · answer #9 · answered by Professor 7 · 0⤊ 0⤋
hire in emergency crew immediatley to erect temporary fencing with lights and railings to a depth of 50 feet extra sharp wire on top cover the lot with elf and saftey notices >hire the most expensive consultants you can find . consut a large firm of solicitors who charge more per hour than we mere mortals earn in a year . get them to write a long winded letter to council setting out your demands including the daily hire and penalty charges (not less than cost +500%) demand everything....
this is eactly what councils do when home owners have a problem with a fence falling on to council land
2007-02-05 12:53:20 · answer #10 · answered by seawincrazzzzy 1 · 0⤊ 0⤋