Landlord boundary fence – HELP!

by Readers Question

10:00 AM, 4th April 2015
About 4 years ago

Landlord boundary fence – HELP!

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Landlord boundary fence – HELP!

Hello, we live next door to a rented property. We have contacted the agent to report their boundary fence. It is falling apart and has holes in it. It is a simple picket fence about 4 foot high. The bush half way along the bottom of their garden is pushing over on to our garden. The tenant doesn’t want the green bush taking down so they are not doing anything. At Christmas a visiting dog run into our garden and worried our chickens, but they don’t have a dog themselves. Landlord boundary fence

We have sent photos to the agent but they are not replacing the fence. It is coming away from the post as the other end of the fence.

I thought that the landlord is legally responsible for the upkeep and maintenance of boundary fences. Is that correct?

If they refuse to replace the fence can we replace it and charge them for the cost of doing it if we give them some warning in writing?

Thank you.

Angela



Comments

Angela Anson

9:36 AM, 9th April 2015
About 4 years ago

Gary

You have made me think were the deeds are so I have turned the house upside down trying to find them. I am now on a misson tp find them.

We have spoken to the tenant and she is having trouble getting the landlord to do repairs in the house.

We have decided to take photos and send them to the agent and give them 2 weeks to respond. Then we are going to repair it ourselves.

Thank you to all of you for some very good guidance and putting this fence into perspective. At least the tenant is nice.

Angela Anson

Nick Pope

16:56 PM, 11th April 2015
About 4 years ago

Interestingly my understanding is that the owner of a fence has no responsibility for its repair unless it is potentially dangerous (as it appears to be in this case) or is specifically mentioned in the deeds.
There is a world of difference between a fence and a boundary. The boundary is an imaginary line between 2 properties and a fence is the physical item which may or may not conform with the line of the boundary.
The "T" mark will provide evidence of the responsibility for the boundary but the type of fencing is rarely specified. A few posts and a strand of wire might suffice and indeed on many modern estates you just get a single fence panel adjoining the house and the rest of the fences are post and wire.
If you put up a fence on the boundary (don't creep over) it remains your property and consequently your responsibility to maintain. However the adjoining owner has no rights to do anything to the fence such as paint it, nor to attach anything to it such as plants etc.
I have this situation arise several times and in most cases have just agreed with the adjoining owner to go halves on the cost with the responsibility for maintenance remaining with the owner of the boundary.
As an aside I agree that proper close boarding is the best idea. Not much more expensive than panels and will last for years longer.

Angela Anson

18:19 PM, 11th April 2015
About 4 years ago

Reply to the comment left by "Paul Thomas" at "08/04/2015 - 21:23":

Paul

We are going to have the type of fencing that you suggested.

Thank you.

Angela Anson

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