Boundary fence

[Monday]

My elderly neighbour died recently. Her property is currently empty and her family returned to their home some distance away.

The fence (neighbours property) adjoining my property was badly damaged in last week's storm. I am worried about my own security and about the access for deer and foxes from adjoining allotments.

How do I stand if the family do not get the fence replaced? Can I do this and if I do so (at my own expense) does it become my property?

You probably can't see from the photo but the fence probably can't be repaired because the upright posts and remaining panels are rotten.

Thanks for any advice

[atticus]

I amsure that you are speaking to the family about this, and that it will be quickly sorted. If not, you may of course install your own fence on your land.

[tesla6518]

If you wish to replace the fence at your own cost this is ok, however you must ensure that it is on your side of the property boundary line otherwise you come up against the party wall act.
Get yourself a copy of the property plan online from Land registry, it will only cost £3, be sure that you go to the government website as there are several companies that look similar to the Land registry site and charge £19.95 for the same thing.

[Monday]

I amsure that you are speaking to the family about this, and that it will be quickly sorted.

No contact with the family (who have been unaproachable in the past because of problems caused by neighbour's dementia) other than to send a letter telling them about the damage.

[Monday]

If you wish to replace the fence at your own cost this is ok, however you must ensure that it is on your side of the property boundary line otherwise you come up against the party wall act.

Thanks for the info. The original fence is actually in my side of the boundary. I think I have the property plan ( mine anyway), I just didn't know where to start.

[atticus]

Please understand that Land Registry plans are indicative and not precise. See point 5 in this link, about the "general boundaries rule": https://www.gov.uk/government/public...0-supplement-3

[Monday]

Thanks for the link, greatly appreciated

[tesla6518]

Monday, sorry I am confused, you state that you require the neighbour's family to repair the fence. Yet you state the fence is on your property. are we to assume that the neighbour had the fence erected on your property with your permission.

[Monday]

No, we returned from holiday to find the fence had been erected probably 3 inches inside my property boundary. It wasn't worth arguing over. I feel the neighbours family should repair the neighbours fence. If they wont, to protect my own security, I am willing to do it, not happy about it but what's best - a new fence or one that will enable foxes, deer and (potentially) burglers entry to my property?

[atticus]

... but what's best - a new fence or one that will enable foxes, deer and (potentially) burglers entry to my property?

That is a difficult one. You may have to decide for yourself, maybe by tossing a coin.

[Monday]

That is a difficult one. You may have to decide for yourself, maybe by tossing a coin.

Not difficult.......I just wanted to get it right, hence my original posting to Legal Beagles

[echat11]

If you decide to do it, document it, take pictures, video etc, if you live in an area where the police are happy to make a house call and can advise on the state of the fence, i.e. is a security risk, then that would help if the 'neighbours' decide to be 'irritable' about the fence. At least you can say you sought guidance from the police.