Who's responsible for the fence?

Question

We have a fence that seperate ours and next door's garden. The owner has a lot of plants and bushes growing in the garden and some of this is growing against the fence. It can be seen that the fence is bulging towards our side because of the big growing plant. There is a risk of it collapsing soon. The neighbour is selling up and doesn't live there anymore. When the new neighbours move in - who should be responsible? Any advice is appreciated, thanks.

Answer 1

It depends where you live.

In the US it probably rests on whose property the fence is on. Typically whoever installs a fence has to put it on their property and they and subsequent owners are responsible for it.  In which case you should check where the property line is and also check any legal documents that you received when you purchased the property (in case they state who owns the fence). If the fence is yours you should ask the neighbor to fix the plants/bushes before he moves....to avoid problems with new owners.

I believe that in the UK fences tend to be on the actual property line and are shared responsibility.

No idea on other countries.

Answer 2

Standing in the front of your property looking towards it you are responsible for the left side, the same goes for your neighbour.

Answer 3

If the guy already left, try contacting the estate agent in charge of selling the house, maybe they can give you some advice, seeing as it's the neighbour's plants which is causing the damage, there's no way you are responsible for the damage.

That's really annoying!! Best of luck, i have a feeling it's going to be like an epic saga trying to get the culprit to pay!

Answer 4

this is your neighbour. it's your responsibility. now get it replaced.

Answer 5

i would ask the new neighbours what they plan to do with the garden, cos if there gonna get rid of the plants then the fence will be ok

if they plan to keep the plants then say to them it pushes up against the fence and u think it might collapse, they may grow the plants in a diff direction or strenghen the fence

if nothing is done about the plants and the fence falls i would think that it would be replaced under the neighours insurance

Answer 6

kow is not necessarily correct, my fence is on the right. Check your deeds

Answer 7

Looking down the garden ,with your back to your house, the fence on the left is your responsibility.

I would suggest waiting until the fence calapses, and then stack their fence in their garden. I had this situation for three years , all you can do is accept the situation

Answer 8

It is a clear courtesy issue.Bring it to the attention of the new neighbors and I am sure yall will both work together to resolve the problem.

Answer 9

Please ignore the people who say it's on the "left" or "right". That may have been the case for their property but it is not universal. Anyway, it doesn't explain back fences.

Once upon a time the fence was considered to be 'owned' by the property that had the posts on their side. This is also not universal.

You could ask next door's estate agent if they can help but be very cautious if they say "I think ..." because that means that they're making assumptions which may be wrong - and expensive for you later.

The ONLY accurate and legally binding test is to consult the property deeds. This will state clearly who is responsible for which fences around your property.

If you don't have a personal copy of the deeds then you should call the Land Registy and ask them to check or send you a copy. There will be a fee.

Answer 10

Check your title deeds.  The boundries are clearly marked.

Answer 11

Check your title deed plan - the "T"'s in your garden mean you are responsible.  If the "T" is in  the neighbours, then they are responsible.