I have asked my nextdoor neighbour to split the repair job fifty-fifty, but he has flat out refused saying it isn't their responsibility to sort it out or pay for.
I woke up on Sunday morning to find four fence panels bordering the left hand side of my garden had been blown down as a result of Storm Darragh.
Is it true that if I replaced the fence panels a few years ago when they blew down - because my selfish neighbour refused to help that time as well - that I am now legally responsible? If not, is there anything I can do?Ed Magnus of This is Money replies: You're likely to be one of many to have woken up to a collapsed fence thanks to storm Darragh.
You're certainly won't be the first or last person to take issue with your neighbour over a garden fence. For expert advice on your situation we spoke to two legal experts, Mike Hansom, a consultant for property litigation at BLB Solicitors, and Chun Wong, a partner at Hodge Jones & Allen. If there are T marks on the boundary line then that can show who is liable for maintenance – if there is a T mark on both sides of the boundary line then this is a party boundary and maintenance is a joint responsibility.
However, in English law, such positive obligations are often enforceable only between the original parties, i.e., the developer and the first buyer. Chun Wong adds: In the event that you decided to pay for the maintenance of the fence yourself, it could be argued that you have assumed responsibility for maintenance and therefore ownership of the boundary fence.
If your neighbour is jointly liable to maintain the fence and does not do so, you can consider bringing a claim to seek recovery of their share of any costs incurred in doing the repairs yourself.
United Kingdom Latest News, United Kingdom Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
UK storm names for 2024/25 as Met Office confirms Storm Darragh incomingA list of UK storm names for 2024/25, how they get their name and who picks them as the Met Office issues weather warning for Storm Darragh
Read more »
Storm Darragh: Sussex Christmas events cancelled as storm nearsWith winds of up to 60mph forecast, some events are being cancelled because of safety concerns.
Read more »
Storm Darragh: Surrey Christmas events cancelled as storm nearsWith winds of up to 50mph forecast, some events are being cancelled because of safety concerns.
Read more »
Storm Darragh: Man dies in storm damage across north-west EnglandFlights, events and football games including the Merseyside derby were impacted by strong winds.
Read more »
Storm Darragh: Trains cancelled as storm disruption continuesThe Cross City line, which connects many areas to central Birmingham, was cancelled on Sunday.
Read more »
Storm Darragh: Nine cows killed as storm brings down power cableThe cows were sheltering under a hedge from the storm when the cable came down.
Read more »