Repsonsibiity for repair work to fence.

[chainsaw_masochist]

These photographs show a fence between a concrete pathway that leads to some communal gardens. The fence is now beginning to suffer the wear and tear of the higher ground on the other side impacting on the fence posts hence the noticeable bulging in the panels. Presumably the weight of the toolshed on top of the concrete plinth is slowly compressing the ground sideways for this to happen.

The fence is owned and maintained by a private property and the communal gardens jointly by several other properties so who in this case should be responsible for any necessary repair work? Any ideas much appreciated.

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• chainsaw_masochist
• 11 Oct 2014
• 1

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• chainsaw_masochist
• 11 Oct 2014
• 1

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• chainsaw_masochist
• 11 Oct 2014
• 1

Untitled

• chainsaw_masochist
• 11 Oct 2014
• 1

 

[Deleted2797112]

Does the party that owns the fence also own the toolshed?

The owner of the fence can do what they wish with the fence i.e. maintain it or not maintain it or remove it completely. Ocassionally title deeds contain a covenant requiring an owner to maintain a fence but this is only ever enforceable against the original parties to the deeds and not subsequent owners. In general, if there is a height difference between properties, the owner of the higher land is responsible for retaining their land so that it doesn't collapse onto the neighbouring property, although there can be exceptions to this if the land levels of either property have been altered.

 

[chainsaw_masochist]

No, it is the neighbouring communal gardens on the higher ground that own the land with the toolshed. I am not aware of there being any covenant compelling the owner to maintain the fence but this would be done willingly, regardless. I think the fundamental issue here is the point you make about the owner of the higher ground usually being the responsible party in these matters.

Thanks for your useful comments.