What happens if my Neighbour damaged my fence?

Asked by: Shaun White  |  Last update: August 31, 2022
Score: 5/5 (50 votes)

If the neighbor who damaged your fence refuses to pay for the repair or doesn't have insurance, you will need to talk to your insurance provider. They should be able to settle the claim, then recover their costs from the neighbor or their insurance provider.

What side of the fence do you own UK?

Article Summary. In England and Wales, there is no legal presumption that a person owns or must maintain a fence or other boundary barrier on the left or on the right. Ownership of the boundary is normally determined by the builder who erects the buildings.

Does your Neighbour have to pay for half a fence NSW?

The law says that owners must share the cost of building a sufficient dividing fence between your properties. This means that if your neighbour wants a fence, but you do not, you are still responsible for sharing the cost of building it.

Can you force a Neighbour to replace a fence?

Unless the existing fence is causing a safety hazard on your side, there's very little you can do to force your neighbour to repair or replace it if they don't want to. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied.

Who owns the fence between two houses?

When looking at the plans, the ownership is indicated by a “T” marked on the plans on one side of a boundary. If the “T” is written on your side of the boundary, you're responsible for maintaining it. If there's an H (although actually it's two joined Ts) the boundary is the joint responsibility of both parties.

How to proceed when neighbor's contractor damages your property

44 related questions found

Who pays for fence between neighbors UK?

As one would expect, in most cases, the owner is responsible for any maintenance the fence may require. Again, as expected, party walls and fences would be the joint responsibility of both neighbours.

When a fence is damaged who is responsible for repairs UK?

Who pays for damaged fences? Normally, the householder who owns the fence is responsible for maintaining and repairing it. However, if any damage is caused to your fence by your neighbours, then it's their responsibility to meet the costs of putting the problem right.

Which fence is responsible for left or right?

First let's clear up the age old myth of; “Each home owner is responsible for maintaining the fence on the left-hand side, as you look at the property from the road”. This is FICTION. There is no general rule about whether you own the fence on the left or the fence on the right of your property.

What can I do if my Neighbour won't repair his fence UK?

If the fence is in such a state that it presents a danger and the neighbour refuses to make any repairs, you can report the problem to your local council. The council can take enforcement action to force the neighbour to put matters right, but this is a time-consuming process that can take months or even years.

What is the 7 year boundary rule?

So this is different from the so called 'Seven year rule' which comes from Section 157(4) of the Planning and Development Act 2000. This means local authorities can't serve enforcement notices for an unauthorised development when seven years have passed since the commencement of the development.

What is the 7 year boundary rule UK?

Some believe that there is a 7-year limit on adverse possession, meaning that a squatter can take ownership of land after they have been using that land without the owner's permission for a certain amount of time.

Who gets the good side of the fence?

The finished side should face toward your neighbor. Not only is this more polite, but it's the standard. Your property will look a lot nicer with the “good” side facing the outside world. Otherwise, your fence will look like it was installed backward.

Can I paint my side of Neighbours fence?

When it comes to fence painting, you can do whatever you want to your side of the fence. So, if it is your fence on both the outside and the inside, then you are free to do whatever you like in regards to painting.

What is the law regarding garden fences?

The laws actually state that a fence can be as high as 100 meters. However, this is only allowed if proper planning permits have been obtained. This means that any fence under 2 meters in height does not require a permit.

How do I know if I own the fence?

Typically, you can guess who owns a fence by seeing where the rails are, with the fence typically facing away from their property so that their neighbour gets the 'good' side of the fence. This is the most secure way of facing fencing so there are no rails for anyone to use to climb into your garden.

Who is responsible for the back garden fence?

With fences, the presumption is that the posts will be on the owner's side. The back of the fence – the side where the posts are visible – faces the owner. The owner of the fence is usually responsible for maintaining the fence.

Can I put a fence next to another fence?

Yes. Yes, you can build next to your neighbour's fence. As long as you're inside your property line you're fine. One consideration: your posts might have to be staggered relative to the fence posts of the existing fence.

Can I screw into my Neighbours fence?

The short answer to this question is, of course, “no”. If you own the fence and you have not granted your neighbour permission to do so, they are not allowed to attach or nail things to your fence.

Do I have to cut my hedge on my neighbors side?

Both you and your neighbour should be trimming each other's respective side of the hedge. You are free to cut back roots or branches that are within your property's boundaries. However, you're only allowed to trim the growth on your property.

Can a neighbor take down my fence UK?

The simple answer is: yes, as long as you receive their express permission. Without your neighbour's permission, hanging plants, painting, or leaning something against their fence that causes damage can land you in trouble. In fact, you could be charged for criminal damage.

What can I do if my Neighbour disputes boundary?

If you know where the boundary is and you don't need to follow the process for party walls, the best approach is to talk to your neighbour. Talk to them face to face if you can - make a note of what you agreed. If you don't feel comfortable speaking to them, write to them or ask someone to contact them for you.

Can you claim your Neighbours land?

any evidence produced by your neighbour to suggest that they have been in occupation of the disputed land for 12 years or more without objection and which may now entitle them to claim ownership under the law of adverse possession.

How do you win a boundary dispute?

How to win a boundary dispute
  1. Try to resolve the dispute amicably where possible. ...
  2. Make sure you obtain Legal Expense Insurance. ...
  3. Collect the evidence quickly. ...
  4. Find a decent expert - not just your local surveyor. ...
  5. That expert will need your title deeds. ...
  6. Speak to family, friends, previous owners and neighbours.

What are the four types of boundary disputes?

What are the 4 types of boundary disputes?
  • Plot line & party wall disputes.
  • Fence, landscaping and outbuilding disputes.
  • Access disputes.
  • Adverse possession claims.