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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience:  Over 5 years in practice
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One of our boundary fences is continually blowing down in this

Customer Question

One of our boundary fences is continually blowing down in this weather. The Estate is Ex MOD, and as I recall there were no T marks on the fencing on the plans when we bought the hous. The Estate Owner is saying the boundary between us and the community building which borders numerous houses is a grey area, and a panel in our garden is shared with anothe house.

This morning they are out again and as a result I have had to chase my German Shepherd around a neighbouring field and fell over several times suffering cuts and bruises from barbed wire.

Before we go to the expense of replacing these panels because he refuses to communicate or admit ownership, the last email said he would raise it at a Directors Meeting- no date, no phone number.

I have raised the issue that they use the building for a playgroup and he has a duty as a landlord to protect the children, no answer yet.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Just to clarify, the ownership of the fence has not been established?

What makes you think that the neighbouring estate owners are responsible please?
Customer: replied 2 years ago.

No ownership has not been established.


The Estate owner during a previous conversation said it was a grey area.


The Estate owner bought the entire MOD housing for the airfield now defunct. He is selling them off slowly, we have been here 6 years.

The fence in question runs entirely round the community building which backs onto approx 10 to 12 houses and some of the fencing panels are split between 2 properties as is one of ours.



Expert:  Jo C. replied 2 years ago.

I am sorry, but the news here is not good

Even if you could establish that the neighbour owned the fence, unless the neighbour covenanted in their deeds to repair the fence, you cannot make them maintain it or put it back up, provided it does not damage your land or cause anyone injury. It is different if there is provision n a leasehold property when they can be made to repair if it is a condition of their deeds.

If the fence does belong to the neighbour not only can you not make them put it back up, they can actually refuse permission for you to put it back up.

Whilst the owner of the land as a duty under the Occupiers Liability Acts to keep visitors safe from harm, there is no duty for them to keep your dog in. That duty, to keep your dog under control, is yours.

Unfortunately, you have 3 options. Ask for consent to put the fence back up yourself, erect a new fence immediately on your side of the existing fence or leave it where it is.

I am sorry that this is probably not the answer you wanted and I wish I could give an answer that was more favourable to you.

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your help, at least that clarifies things.

I will contact them and state that we will replace the fencing and ask them to confirm that this is okay with them and hopefully that it is our fence as they don't seem to want responsibility for it.

I don't think they will have a problem with it, I think their issue is they don''t want to pay.






Customer: replied 2 years ago.

Hi, you can consider this closed.

I have given you an excellent rating.


We paid for the fence to be replaced, but I asked them to confirm in writing which boundaries we are expected to maintain so that when/if we move there is no further confusion. Which they did.


Thank you.



Expert:  Jo C. replied 2 years ago.

I am not sure what you are seeing but I think the site is sending you automated messages.

There is nothing for you to worry about.

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