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A garden fence dispute, who's responsible based on what ive found?
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Hi all

So I'm currently living with my mother and because of the recent storms, one of the fences in our garden has been blown half over, with 2 of the supporting posts basically no longer holding half of the length of the fence up. It's about ready to fall over which, given we have a dog too, isn't ideal.

When my mother bought the place she was under the impression that side fences were both half owned with the homes on either side of the property, and only the bottom fence was purely hers. Upon moving in, all 3 fences were basically half fallen over as this one is now, so she's got the right and back fence sorted. The owners on the left just jury rigged it into a more stable position as they were soon to be selling.

With this left fence now basically knackered and now owners on the left, we contacted the same people from when we moved in: they could just replace the posts as the actual panels are perfectly fine. We tried to let the house on the left know the situation, saying we know someone who can do it far cheaper than replacing the whole thing and would happily split 50/50.

The issue is that the new owners don't seem to spela much English at all. We were told a girl in her 20s had bought it, but she's often isn't there, with her parents living their predominantly (who again don't speak much, if any, english). After we let them know what we could do for the fence, they said they'd have to check with the owner. A few days later we got a handwritten letter through the door claiming that they were not responsible for this fence and would not help etc

Now, said fence is supported by posts within THEIR garden not ours. Additionally I looked up the title plans via land registry which clearly show we are each responsible for our right hand fences (which are where the post supports for each are). As such, it seems we aren't actually at all responsible for this broken garden fence and it should be entirely their responsibility to fix based on the title plans and boundaries (though I looked for T or H marks on these and there are none).

Based on the above, am I right in thinking its actually 100% on them to sort? And if so, how do we approach this topic given the person we have had only a little clear contact with doesn't seem to be there 60% or more of the time

Thanks!

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1 year ago