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Damaged Fencing

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  • Damaged Fencing

    Forgive me if this is something that has been answered elsewhere. The trouble with search engines is that unless you ask the right question, you may not get to where you need to be, or have over 100 suggestions to look at.

    So my problem is this - I live in a property which, like many others, shares a boundary fence along the property line.

    Just recently my neighbour complained that a fence panel was slapping in the wind and asked me to have it replaced. However, upon inspection the damaged panel has been pushed through by incursion of tree branches and plants on her side of the fence.

    My fencing contractor pointed out that there are other fence panels just like it, all along the border, with similar damage where her plants have come through, leaving me with a considerable bill to replace them all.

    The one that slaps, I replaced only last year at my own expense and that was because a branch had poked through it. I don't want to fall out with my neighbours as we are friendly, but this is is something that is causing me some concern as she keeps pestering me to get it replaced.

    I did suggest to the fencing contractor a shared cost, but the neighbours did not want to proceed on that basis as the fence is ours. I don't have any plants along that side of the fence, so it is clearly damage done from her side of the property do I have any rights in this matter?

    Thanks for reading.
    Tags: None

  • #2
    It seems that you may need to persuade your neighbour to consider not the effect (your fence is damaged) but the cause (neighbouring trees damage the fence).

    Perhaps you can ask your neighbour to assist with some judicious pruning.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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