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garden fencing falling down next doors house
puffenstuff
Posts: 1,069 Forum Member
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hi I wonder if anybody has any advice. I live in a private house and next door house is a council house. we share a fence in the back garden and the fence gets repaired by the council. well it used to be the council now is a housing group type thing.
anyway last September 3 of the fence panels fell down I should say they are her fences. today I phoned this Housing Group because they still haven't been repaired.
the first thing they told me was she didn't report it until January however is now May. I pointed out to the Council that my husband is a private gardener and summer is his busiest time of year and we have a lot of dangerous equipment and electric lawn mowers and things out in the back garden not always locked away sometimes my husband comes home from a job put some in the back garden unlock the side gate I might come in the house for half an hour to have a coffee before he locks them back in his van or shed whatever.
the lady next door is ok but her dad is a bit grumpy and not very approachable he visits quite a lot. her baby is now about 3 yrs old .
I told the housing group all of this. I just wanted to make sure it definitely been reported not overlooked and that the housing group were aware of my own personal circumstances with regards to the gardening equipment.
they couldn't give me a timescale for the repairs I got their usual story about there being a backlog of work which they were working through and they review the list daily blah blah blah
They then told me that it was up to the lady next door to keep her child safe
so my question is this it doesn't seem fair that that lady should have to keep her daughter indoors all summer or sit out with her when she could be getting on with other things what if I had a massive dog or something I couldn't keep the dog in all summer and I thought housing groups councils and landlords had a duty to keep property in a safe condition.
my worry is now this if next doors little girl wanders through the gap in the fencing into my garden and hurt herself in anyway on my property who is responsible is it my husband for not locking up sharp tools or cans of petrol, is it the lady next door for not supervising her child or is it the housing group for not doing the repairs or is it all 3 of Us
in fact it's not just gardening equipment we have other dangers, steps water butts sharp things raspberry canes all sorts of things a small child hurt themselves on
anyway last September 3 of the fence panels fell down I should say they are her fences. today I phoned this Housing Group because they still haven't been repaired.
the first thing they told me was she didn't report it until January however is now May. I pointed out to the Council that my husband is a private gardener and summer is his busiest time of year and we have a lot of dangerous equipment and electric lawn mowers and things out in the back garden not always locked away sometimes my husband comes home from a job put some in the back garden unlock the side gate I might come in the house for half an hour to have a coffee before he locks them back in his van or shed whatever.
the lady next door is ok but her dad is a bit grumpy and not very approachable he visits quite a lot. her baby is now about 3 yrs old .
I told the housing group all of this. I just wanted to make sure it definitely been reported not overlooked and that the housing group were aware of my own personal circumstances with regards to the gardening equipment.
they couldn't give me a timescale for the repairs I got their usual story about there being a backlog of work which they were working through and they review the list daily blah blah blah
They then told me that it was up to the lady next door to keep her child safe
so my question is this it doesn't seem fair that that lady should have to keep her daughter indoors all summer or sit out with her when she could be getting on with other things what if I had a massive dog or something I couldn't keep the dog in all summer and I thought housing groups councils and landlords had a duty to keep property in a safe condition.
my worry is now this if next doors little girl wanders through the gap in the fencing into my garden and hurt herself in anyway on my property who is responsible is it my husband for not locking up sharp tools or cans of petrol, is it the lady next door for not supervising her child or is it the housing group for not doing the repairs or is it all 3 of Us
in fact it's not just gardening equipment we have other dangers, steps water butts sharp things raspberry canes all sorts of things a small child hurt themselves on
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Comments
Councils move very slowly, housing associations even slower. I would just replace the panels myself for my own piece of mind. Then i wont have to worry about the child next door or what could happen. Its too late once it happens even if its not your fault.
Having "dangerous" equipment in your property is surely your responsibility to ensure that people cannot injure themselves and i doubt the average 3 year old is going to be able to tip over a petrol mover and decide to slash their wrists etc
just buy some wire mesh for probably £10 and nail it to the fence posts, a double layer of it will easily be 6ft high and should stop all but spidermans kids from wandering over
If it was me, I'd put a new fence up, just on my side of the line.
I couldn't cope with the anxiety about their dog getting in our garden and attacking my dog, or my dog getting in their garden and killing their rabbits.
It's not going to be a priority for the council, compared to things like faulty heating or electrics and doors that can't be locked, even if it is something they're responsible for. I'd just do it, tbh.
I presume you've got insurance which will cover any claims for occupiers' liability anyway, but surely if you're worried about your neighbour's kid wandering in and injuring themselves then you'd do something to prevent it rather than just be concerned about the legal consequences?
If the panels fell down presumably they are still about and while not the both of yours responsibility or duty could your husband not repair the fence with what's available, it wouldn't take that long to do, would it?
While there maybe legal implications for the parents and the HA, they are right, it is up to the Mother to keep her child safe and if that means keeping her child out their garden,--so be it, harsh as that is.
If you had a big dog, fence missing or not, holes aren't a one way thing and you would be duty bound to keep your dog under control and not wander into next door,--an impossible task.
If you have sharp implements in your garden and there is a danger to life or limb, there maybe a liability on yourselves while the danger persists should an accident occur, especially as you have voiced your concerns to the HA.
It's not fair on you or your neighbour but I would imagine fence panel repair is low on the HAs priorities.
Im not sure what precedent your OH is wary of?
As others have said there is no requirement to have a fence in place at all, but if you want one, then put one in.
With regard to the complainant who said what if she had a massive dog that went into the garden of the person whose fence it is, well it's actually the complainants legal duty to keep the dog/ wild plants branches etc etc etc, inside her own garden, even though there is no fence otherwise a civil trespass/nuisance could occur.
Just what I'd do too.
I planted leyladii
My advice to anyone putting in a fence is to use 4 inch posts, treated and put postsaver sleeves on them and then put them in concrete. Use a 2.4 metre post for a 1.8 metre high fence. Always keep the fence 3 inches or 75mm above ground level and use gravel boards to close the gap.
In our street we know exactly which side of the boundaries are "our" fences.
Get a quote done from an expensive firm, send it to housing association with a letter saying you intend to instruct the firm to do the work and they will invoice the association directly. Obviously don't actually do that. This will make them realise you're serious about the matter so they'll prioritise the job and get their odd job man to do it cheaper. This sort of
bluffing is worth a try. Otherwise swallow your principles, do it yourselves and enjoy the privacy of your garden! Worth £45 I'd say!