It's a shared garden now - we have two other fences on either side, so it's all good.
Your obligation is to keep the dog out of their garden. The lack of a fence does not make it your garden.
It is an offence for a dog to be kept in such a place or manner as to be prejudicial to public health or a nuisance. You also need to keep the dog undercontrol which includes not letting it wander onto other people's private property without their permission. Fouling is also your responsibility to clean up unless you have the land owner's permission.
Nothing as such however the way boundries work one of the parties involved usually has responsibilty for it , including the cost of maintaining it.
FWIW, I am actually in exactly this situation, my fence blew down quite some time ago and its my responsibilty to repiar/ replace the fence because its "my fence" I had a chat with neighbour and explained I couldn't afford to get it done and we're both happy.
If the fence on the other side of the garden blew down it would be my neighbours responsibility to repair / replace it.
If I were the OP I'd simply have a chat.
I think "responsibilty to repair it" is not quite the right term. Its your fence. Unless you are required to have a fence by your deeds, then its up to you what you do. You could put up a line of leylandii and really cause problems.
Your obligation is to keep the dog out of their garden. The lack of a fence does not make it your garden.
It is an offence for a dog to be kept in such a place or manner as to be prejudicial to public health or a nuisance. Fouling is also your responsibility to clean up unless you have the land owner's permission.
I repeat, it's a shared garden now - they removed the fence. All for one, and one for all!!
Then the dog owner would be breaking the law. As well as nusiance, there is also the fouling which they are responsible for cleaning up if they don't have the permission of the land owner not to, and the issue of keeping the dog under control, not wandering onto other people's private property without their permission.
Letting someone else let their dog loose into your garden so it fouls the neighbour's garden could also count as anti-social behaviour, etc;
Removing the fence does not make it a shared garden. Their garden is still their private property.
Then the dog owner would be breaking the law. As well as nusiance, there is also the fouling which they are responsible for cleaning up if they don't have the permission of the land owner not to, and the issue of keeping the dog under control, not wandering onto other people's private property without their permission.
Letting someone else let their dog loose into your garden so it fouls the neighbour's garden could also count as anti-social behaviour, etc;
Cheers for the info - the 'dog' thing was merely a J to the O to the K to the E, though, with a me and another forum member, so it's all rather irrelevant and a waste of time on your part to be posting all this....Respekt all the same though!
Cheers for the info - the 'dog' thing was merely a J to the O to the K to the E, though, with a me and another forum member, so it's all rather irrelevant and a waste of time on your part to be posting all this....Respekt all the same though!
Some people don't seem able to take a joke. Respekt!
Last month the neighbours took down 'their' fence which separates our gardens....
At first it looked like they were doing some maintenance on the garden, which was fine. But then the weeks went on, the work stopped, and it still hasn't gone back up....
I'm really not comfortable with having a 'shared' garden with them, as I nip out for **** all the time and they always seem to be out there and it's just plain awkward....
Am I right to be annoyed by this? I think it's quite inconsiderate of them to assume that we're fine having our gardens merged for this amount of time....
Late to the thread but just to repeat what others have said, the back garden fences will either be part of one or other of the two properties, or will be party fences.
If the former, the relevant property owner probably has a duty and covenant to maintain any fences in good condition, written into the deeds (or at the Land Registry). If the latter (party fences), it's a joint duty.
To be certain which (if any) applies, the owner of the property you are living in will need to be asked, or to check. If it turns out that your neighbour does own any fences and also has responsibility to maintain them in good condition, removing the fence isn't doing that - so he needs to replace it. If and when he does replace it, if it's not big enough for you, you could always get the landlord of your house to put up a bigger one for you on your side of the boundary, or do a deal with the neighbour beforehand.
But it's all down to what the deeds or Land Registry entries say and your (or landlord's) negotiation skills. Good luck!
No the onus lies with the dog oweners to keep the dogs under proper control in thier OWN garden. So to do that the dog owner has to provide the fence
Cheap and cheeky way to get a new fence.
Take your old one down that is between you and the dog owner next door. Wait for said dog to wander into your garden, pay £30 for a solicitor to send a cease and desist letter, or even cheaper, start a case against them with the Council, then watch as your neighbour forks out a small fortune on a new fence that is both high and robust enough to keep a dog in. End result, a nice new fence that has cost you £30.
Can you send your neighbour around to my house op? There is a fence between us and our neighbours which spoils the view from my kitchen. I am sure it would up the value of our house if it wasn't there.
As a general rule, the householder is under no legal obligation to erect a fence at all, although the deeds may contain a covenant requiring them to do so.
Obligation to fence one's land
We are all accustomed to seeing fences around fields and around the gardens of individual houses. So it may come as a surprise to learn that there is no general obligation in law to fence the boundaries of one's land.
There are a number of circumstances where the law requires that fences are erected. These are usually related to safety and include:
alongside railways: Railways Consolidation Act 1845;
around disused mines: Mines and Quarries Act 1954;
around building sites adjacent to highways, both road and path: Highways Act 1980;
to prevent livestock from straying from their fields: Animals Act 1971.
A conveyance deed or a transfer deed may include a covenant requiring the purchaser to fence the land and for him or his successors in title to forever maintain the fence.
A wise householder will fence his land either for the protection of his own children or to prevent his pet animals from straying.
Get a mate who has a couple of dogs to come round.
Let them loose out in the garden to shit wherever they want.
Fence would soon be back up. Sorted.
That is inspired thinking. I'm less interested in the legal arguments and more in how to make the point in a way that brings home to them how it feels.
Years ago we were house hunting and went to view a vacant property. It had been empty since an old girl had died three months earlier.
All looked good until we wrnt into a back bedroom and looked out of the window.
The next door neighbour had taken the opportunity to put up a new fence, only he had put it from the joinline of the semi' s at a 45 degree angle to the far corner of the old girls garden. In effect widening his garden and reducing the old girls to a grassy triangle.
How he thought he would get away with it I dont know.
We gave it a swerve.
Neighbours.......tsk.
Years ago we were house hunting and went to view a vacant property. It had been empty since an old girl had died three months earlier.
All looked good until we wrnt into a back bedroom and looked out of the window.
The next door neighbour had taken the opportunity to put up a new fence, only he had put it from the joinline of the semi' s at a 45 degree angle to the far corner of the old girls garden. In effect widening his garden and reducing the old girls to a grassy triangle.
How he thought he would get away with it I dont know.
We gave it a swerve.
Neighbours.......tsk.
Sounds like he may have been taking advantage of the old girls vulnerable state. Bastard.
Comments
There already was a fence there, till the neighbour took it down.
Surely the onus lies with them.
It is an offence for a dog to be kept in such a place or manner as to be prejudicial to public health or a nuisance. You also need to keep the dog undercontrol which includes not letting it wander onto other people's private property without their permission. Fouling is also your responsibility to clean up unless you have the land owner's permission.
I think "responsibilty to repair it" is not quite the right term. Its your fence. Unless you are required to have a fence by your deeds, then its up to you what you do. You could put up a line of leylandii and really cause problems.
No the onus lies with the dog oweners to keep the dogs under proper control in thier OWN garden. So to do that the dog owner has to provide the fence
I repeat, it's a shared garden now - they removed the fence. All for one, and one for all!!
You do know I don't even own a dog, right?
Letting someone else let their dog loose into your garden so it fouls the neighbour's garden could also count as anti-social behaviour, etc;
Cheers for the info - the 'dog' thing was merely a J to the O to the K to the E, though, with a me and another forum member, so it's all rather irrelevant and a waste of time on your part to be posting all this....Respekt all the same though!
No it's not. It's what the fence owner decides.
Some people don't seem able to take a joke. Respekt!
True story - I bet somebody is reporting me and my 'dogs' to the Hertfordshire neighbourhood watch at this exact moment
Late to the thread but just to repeat what others have said, the back garden fences will either be part of one or other of the two properties, or will be party fences.
If the former, the relevant property owner probably has a duty and covenant to maintain any fences in good condition, written into the deeds (or at the Land Registry). If the latter (party fences), it's a joint duty.
To be certain which (if any) applies, the owner of the property you are living in will need to be asked, or to check. If it turns out that your neighbour does own any fences and also has responsibility to maintain them in good condition, removing the fence isn't doing that - so he needs to replace it. If and when he does replace it, if it's not big enough for you, you could always get the landlord of your house to put up a bigger one for you on your side of the boundary, or do a deal with the neighbour beforehand.
But it's all down to what the deeds or Land Registry entries say and your (or landlord's) negotiation skills. Good luck!
Cheap and cheeky way to get a new fence.
Take your old one down that is between you and the dog owner next door. Wait for said dog to wander into your garden, pay £30 for a solicitor to send a cease and desist letter, or even cheaper, start a case against them with the Council, then watch as your neighbour forks out a small fortune on a new fence that is both high and robust enough to keep a dog in. End result, a nice new fence that has cost you £30.
Erm, I said rule of thumb, look up its meaning!
And whatever the fence owner decides, what? What is the fence owner deciding in the context of my comment?
As a general rule, the householder is under no legal obligation to erect a fence at all, although the deeds may contain a covenant requiring them to do so.
Well done, I would have suggested that.
That is inspired thinking. I'm less interested in the legal arguments and more in how to make the point in a way that brings home to them how it feels.
You said .... It's whatever land registry says it is ...... That's wrong or worded badly. They can't say how you put your fence up.
The dogs belong to his mate. Or use cats. Or a goat. Yes, goats don't give a monkey's.
i was talking about ownership of a boundary. There were two points being discussed.
All looked good until we wrnt into a back bedroom and looked out of the window.
The next door neighbour had taken the opportunity to put up a new fence, only he had put it from the joinline of the semi' s at a 45 degree angle to the far corner of the old girls garden. In effect widening his garden and reducing the old girls to a grassy triangle.
How he thought he would get away with it I dont know.
We gave it a swerve.
Neighbours.......tsk.
Sounds like he may have been taking advantage of the old girls vulnerable state. Bastard.
In about 2025 or so !
or possibly restoring what may have been a disputed boundary and land that the old woman may have 'acquired' in the past.