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AIBU

Neighbours' fence panel down

(65 Posts)
Smurf52 Fri 15-Sep-17 14:41:22

I've just moved into a rented house and was hoping this would be my forever home (well, until my money runs out that is). Then I noticed dog poo in my garden. Looking behind my shrubs I notice the fence panel (the letting agent has said it's the neighbours fence) has disintegrated and collapsed on their side and their dog is getting into my garden. Every day the dog has done their business on my side.

The letting agent says to contact police which I don't really want to do as when I first moved in there were Macdonalds wrappers etc hurled over on to my side and I dread to think what would happen if I get on the wrong side of them.

I have dropped a note into their letterbox offering to put up a panel at my expense and giving my phone number but they don't seem that bothered as they've not got back to me. The agent says next door is privately owned so there is not a landlord/letting agency I can contact.

AIBU in wanting to get this sorted out? For now I have put folded flat removal boxes alongside and by the sound of the yapping it's a small dog so hopefully it won't vault over. I am not anti dog, in fact I am hoping to get a dog once I am settled in, hence wanting to get the fence sorted....

palliser65 Sat 16-Sep-17 10:51:06

Please talk to the owner of your house. They have a duty to maintain their property. This is actually not your problem. The neighbours have a problem the owner of your house has a problem and the letting agency has a problem. Go to Citizens Advice. You have been put into a very vulnerable position and I suggest you complain to letting agents they are exposing you to risk.

Maggieanne Sat 16-Sep-17 10:53:40

It isn't always "the left side". Our house has one side that is owned by next door and the other side is shared, so the deeds need to be looked at, although that isn't a tenants responsibility, the agent should sort that out!

Katek Sat 16-Sep-17 10:57:06

I've always understood it to be determined by the fence posts. If they're on your side then it's your fence, but if on the other side then it belongs to neighbouring house.

Ailsa43 Sat 16-Sep-17 11:02:27

mardler 123, generally speaking if you stand in your garden facing your house your fence is on the left hand side, facing up the garden with your back to the house your fence is on the right..but there's no hard and fast rules, Your deeds will show the boundaries.. In the case of a rented property it used to be said that the side with the posts on belongs to the neighbour, because it was always good manners to erect a fence with the ugly side to yourself, but nowadays hardly anyone abides by that, so having the posts your side is no indication of who owns the fence unfortunately.

KazzaK Sat 16-Sep-17 11:12:48

Mardler123. It's generally the left hand side facing the property from the front. Land Registry title plan should show the boundary with "t" marks. If the "t" mark is on the inside of the boundary line that boundary is your responsibility. Anyone can obtain title information and plan from HM Land Registry by going on to their website and creating an account. Cost is £3 per document and they usually are instantly available to download.

DotMH1901 Sat 16-Sep-17 11:27:46

Mardler123 I think it is the 'left' as if you were standing in the road facing your house - at least that is the side our letting agent says out landlord is responsible for. The fence here is falling to pieces but the landlord isn't willing to replace the panels yet. I have bought expanding trellis and stapled it to the fence posts (which are in good condition mainly) to cover the gaps. Hoping to move to our own house before the year ends so the fence will no longer be our problem. I would suggest a trellis type covering and then plant a climbing shrub that will further deter the dog from trying to get into your garden.

BlueBelle Sat 16-Sep-17 11:29:39

My daughters house has neither boundary as hers shown on the deeds This can happen i m told ...so she continued looking after the side the neighbours on the left told her was hers when she first bought the house , then when her right hand fence blew down the owner ( not on site) wrote to her and told her that was her responsibility she politely wrote back and said the left hand fence had been mended by her She got a very nasty letter back and was a bit frightened that's when the solicitor tried to find out which was hers without success Anyway she ignored the second letter and luckily shortly after the house was sold and the new owners seemed happy to put up the new fence but to be honest I was going to help her get a new fence sooner than have her live with nasty feelings between neighbours it's far to unpleasant and life's too short even if it's not fair

ruthjean Sat 16-Sep-17 11:32:33

I totally endorse what you recommend Corner gran.
Tricky situation to manage and keeping things harmonious with the neighbours
is always a good plan. All the best.

IngeJones Sat 16-Sep-17 12:13:39

Legally this is a really tricky situation. I don't believe your neighbor has a legal obligation to repair their fence. And I don't believe your landlord has a legal obligation to keep the garden secure.
If you owned your house you'd simply erect and maintain your own, just inside the neighbor's fence. If you are allowed to under the terms of your tenancy you could buy a roll of netting and fix it up where the fence is broken. And start looking for another place, this time examining the state of the garden as well as the house!

Nonnie Sat 16-Sep-17 12:16:49

I don't think it matters who owns the fence as there is no legal requirement to maintain a boundary in a normal suburban area.

Your options seem to be to deter the dog or put up your own fence.

HootyMcOwlface Sat 16-Sep-17 12:24:30

KazzaK my deeds actually say there are no "T" marks, so does that mean none of the fences are my responsibility? My fences are beginning to need attention but I wasn't sure which side was mine. I have a gap like the OP and have put that reed screening on it to cover for now.

Peaseblossom Sat 16-Sep-17 12:40:40

My solicitor told me when I bought my house that my boundary was on the left when facing the house from the front.

Dillonsgranma Sat 16-Sep-17 12:42:27

The way forpward is to ring the dog warden for your area. I had to do this about neighbours dog. It is again st the law to allow dogs to roam off your own property. The dog warden will visit snd instruct them to make their garden dogproof. Good luck x

shysal Sat 16-Sep-17 12:53:30

My deeds show that the fence on the right is mine, and the posts are on next-door's side! I discovered this after I had paid for new fencing on the left, thinking it was my boundary.

Alima Sat 16-Sep-17 13:00:46

Have just checked the deeds for our house. They show that (if you are standing in front of the house facing it) the "T" marks are on the right, plus the one at the bottom of our garden. Thank heavens for that, we were convinced the other one which needs remedial work was next door's and it is!

sarahellenwhitney Sat 16-Sep-17 13:07:33

Smurf52
What happy' bunnies ', no not the furry kind, your neighbours appear to be.Landlord not much better either
The police will not intervene unless violence
or intimidation is the issue.
Galvanised chain link fencing no more than two mtrs high is your answer. Installed on your side of the boundary and legal.
Needs no maintenance as can timber fencing.
Very strong and requires professional installation
Have a word with your landlord, highly unlikely Mr Nice Guy! will pay for it ,as to your intention and if you intend staying at that property this is the only way forward then you can have your own dog knowing it is safe on your side keeping neighbours dog out the other.
Plant quick growing shrubs up against link fencing.
Nothing like the conifer family which romps away and needs pruning on a regular basis. Keep it to the height of your link fence.No more than that. Good luck .

marionk Sat 16-Sep-17 13:10:59

I don't believe anyone is obligated to have a fence or maintain one along their boundaries, I believe you will have to block it in some way from your side

blueskies Sat 16-Sep-17 13:32:12

I too have a problem with dog poo. Unfortunately it is an open plan garden at the front and the dog is let out at night. The council no longer has a dog warden and just sends round a general notice. I've tried all the usual deterrents sprays movement sensors etc but nothing works and what do I do with it after I've scooped up the foul mess? I hate putting it in my rubbish bin.

sarahellenwhitney Sat 16-Sep-17 13:37:13

Ingejones The fact a person does not secure his land is not an invitation for another to let their animal encroach on that unsecured land.

WendyBT Sat 16-Sep-17 13:47:26

May I suggest that you have a word with your locally elected councillors and request their advice/support?

That's what we're here for!

HannahLoisLuke Sat 16-Sep-17 14:01:35

Ive always understood that you stand in your doorway looking out to the garden and the fence on your right is your responsibility. It's a bit of a grey area but that's what I've always read. Pity, as my right hand fence is three times longer than left hand side ?

grandtanteJE65 Sat 16-Sep-17 14:26:30

It's a complication that you are in rented property. If you owned the house I would suggest putting up a fence on your side of the boundary, about six inches from the existing fence so there could be no doubt it was on your land.

Actually, wire netting or the like might be the way to deal with the problem, even although you are renting, but you may be required to take it down before vacating the house, so don't put anything solid up that entails cementing fencing posts in place or anything like that.

Anya Sat 16-Sep-17 14:27:07

There are lots of different beliefs that the way a wall or fence is constructed can suggest who the owner is, for example ownership is always on the right or left when you look from the front of a property. However, there is no legal significance to this.

JanaNana Sat 16-Sep-17 17:29:07

I think you have three problems here.... dog poo....unsocial neighbours.....and a lazy landlord. What sort of landlord suggests contacting the police over this. The neighbours may possibly have financial reasons why they can't repair the fence but they could at least have made some attempts to block the area their dog gets through to foul your garden, or at least spoken to you after you had made them aware. No...their dog has found itself a nice little toilet area for itself and they don,t have to clean it all up! Personally I would look for a different place to rent once your tenancy permits it. The old saying is true....good fences make good neighbours. Your forever home should not be one where you feel anxious or on edge all the time.

Norah Sat 16-Sep-17 18:40:16

Have some fence put to your side of the downed panel, in your garden.