Next door’s backyard fence has fallen down and is refusing to repair it

I assist my mom handle her dwelling, as she is disabled. The property administration firm for the constructing subsequent door has allowed the fence to fall down in some locations and decay away in others. The gaps are large enough that folks can stroll by way of them.

The constructing subsequent door is a block of 14 flats and the residents are apparently paying excessive charges to this firm for upkeep. 

I’m afraid of individuals trying on the fence wreckage, deciding that the property is unoccupied and breaking in. 

It seems that the corporate has been ignoring their duties for years. 

Although they admitted duty for the fence to me 4 months in the past, they’ve acknowledged that its ‘too costly’ to repair it and have been stonewalling me ever since. 

What can I do? Gael from Uxbridge.

Ed Magnus of This is Money replies: You’re definitely not the primary reader to alert us of a backyard fence dispute.

We have had emails about a neighbour stealing somebody’s backyard. Another particular person requested if they may put up a tall fence to cease their neighbours overlooking them. 

And one reader emailed in about their neighbour’s canine leaping up at their fence so relentlessly that it was at risk of knocking it down.

One hopes their neighbours will at all times be respectable and affordable human beings, who will take duty when points come up that impression your peace and safety.

Unfortunately, folks can usually behave badly in these conditions – significantly when cash is at stake.

Your case Gael is barely totally different, nonetheless, in that you simply’re coping with an organization moderately than a person.

You would hope this would possibly make issues simpler – eradicating the possibility of a private vendetta growing.

But it seems this administration firm is making issues tougher, by avoiding each duty and communications over this explicit matter. 

To get some knowledgeable recommendation, we spoke to 2 authorized specialists, Mike Hansom, a marketing consultant for property litigation at BLB Solicitors, and Chun Wong, a associate at Hodge Jones & Allen.

Who is accountable for a backyard fence? 

Mike Hansom replies: You say you assume the administration firm is accountable for the fence, however that is price checking. 

I’m steadily requested who’s accountable for repairing a boundary function, comparable to a fence. 

People are sometimes stunned that it is common for property deeds to say nothing about whose obligation it’s to restore a fence or who owns it. 

There can also be a typical false impression that every neighbour alongside a road should restore the fence or different function on one facet of their backyard, with their neighbour accountable for the opposite. This is a fantasy.

Another potential downside is that even the place the deeds obligate one proprietor to restore, you may not have the authorized capacity to power your neighbour to adjust to that obligation. 

This is due to a quirk of English regulation meaning constructive obligations (or ‘covenants’) imposed in freehold deeds don’t robotically bind new house owners when the land adjustments fingers. 

So, even the place the deeds state the obligations shall be binding on all future house owners, they nonetheless will not be. 

That’s except every time the freehold is transferred, the brand new proprietor indicators a deed of covenant obligating them to conform. Although this occurs in new-build estates, it is unlikely in different conditions.

What ought to they do? 

Chun Wong replies: The first subject is to ascertain who owns the fence and is answerable for its upkeep – you say that the corporate have agreed duty which ought to ideally be obtained in writing. 

They ought to be warned in writing in regards to the potential injury to your mom’s property, and that they’re answerable for consequential loss because of their failure to maintain the fence in restore.

You might want to think about using the Boundary Disputes Mediation Service, which has been arrange by the Royal Institute of Chartered Surveyors and the Property Litigation Association ‘to assist neighbours resolve disputes about boundary traces and associated points.’

It supplies a faster, cheaper and extra casual strategy than litigation, whereas serving to neighbours take care of points which are on the coronary heart of their dispute in a constructive and proactive method.

The residents of the flats might individually have their very own motion towards the administration firm whether it is failing in its obligation, given the service costs which are paid by the residents to maintain the constructing in good restore and upkeep.

You might have to tell your mom’s constructing insurers, but additionally examine if there may be any type of authorized expense insurance coverage she might have that would pay for authorized prices. 

As a ultimate and final resort you would deliver a declare in courtroom to make the corporate do the repairs or pay for any losses.

Is it a ‘authorized nuisance’? 

Mike Hansom replies: I’ve assumed your property is freehold, not leasehold, and it is not a part of the neighbouring property. 

The very first thing to do is to examine your deeds, however I’m not assured you can see any obligation on which you’ll be able to rely to power your neighbour to behave.

However, if the fence has collapsed onto your land, this introduces the potential for a compensation declare for authorized nuisance. 

You may additionally reach acquiring an injunction forcing your neighbour to take away the stays of the fence out of your land, having disadvantaged you of its use whereas in situ. 

But to take action, you could show the fence belongs to your neighbour moderately than you. 

Also, do not forget that this is not going to lead to your neighbour having to interchange the fence.

Regrettably, in lots of conditions, it is usually cheaper and much much less trouble to pay to restore a boundary fence than to enter a authorized wrangle. Disputes are steadily inconvenient and expensive.