Our garden fence fell down in Storm Eunice and my neighbour wants me to pay – who’s responsible?

STORM Eunice has battered many houses over the weekend, and some homeowners are left wondering who’s to pick up the pieces.

One Reddit user took to the platform in dismay after the storm left them in a neighbourly conundrum – to fix the fence or not to fix the fence?

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With the storm causing serious damage over the weekend, a few more fence spats may be in the pipeline.

One Redditor is seeking advice after Storm Eunice knocked their fence down, leaving them questioning who is liable for its repair.

They wrote: “Apparently the fence is our side, so usually we would be liable for it – I get that.

“However, the garden fence was installed by the neighbour.”

The poster, who only moved into the property last year, discovered that the previous homeowners did not want a new fence.

But their neighbours did for aesthetic reasons, so the neighbours paid for a new one a few years ago.

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They wrote: “The fence doesn’t look like it was installed properly; there are adjoining metal pieces between the panels that were never hammered in, and I think this is why the fence blew over.

“If the neighbour replaces a perfectly good fence that they don’t like the look of and the new one blows over, do I have to pay to fix it or do they?”

The Sun asked money and consumer rights specialist, Martyn James, for some advice on this issue.

He said: “Dig out the deeds, because most property disputes centre on what it is you actually own and what that entails.

“I’ve seen disputes go in to litigation for years at enormous cost over a matter of mere centimetres, so have no doubt that these things can get complicated.”

Martyn says it’s best not to go down the legal route in the first instance though.

The key to any neighbour issues is to keep it polite, listen and make sure you understand where the other person is coming from before you resort to more official measures.

He said: “Technically, there’s no legal obligation to have a fence, it’s down to the individuals to demarcate the boundary of the property if they want to.

“However, once a fence is rooted, you have the whole situation of who is responsible for maintaining it, repairing it, how high it can be and more.

“This might be an opportunity to get the official boundary sorted out.

“You could also agree to a fence that you jointly have responsibility for sorting out maintenance with.”

Fence liability

Contrary to popular belief, it’s untrue that you’re always responsible for either the left- or right-hand fence or wall of a property.

Where your boundary lies will vary from property to property.

Similarly, just because somebody erected a fence, as in the Redditor’s case, it doesn’t necessarily mean they are responsible for its repair or replacement.

You’ll first need to establish the property boundaries in order to determine who is liable.

But note that there’s no one rule to determine which party is accountable for the boundary, which can make matters tricky to resolve.

How to find the boundary

The best place to check for guidance will be your property deeds.

If you don’t have the title deeds already, you can purchase these from the Land Registry on the government’s website for £3.

It may be worth buying your neighbour’s deeds too, as they could flag something that isn’t in yours.

Once you have the deeds, you may see a T marked on either side of the fence, which indicates who is liable for the boundary.

Disagreeing about the verdict

If you and your neighbour still disagree about either person’s boundary obligations after checking the deeds, it’s best to seek mediation before involving the courts or the council.

Court fees can soon rack up to far more than the cost of repairing a fence.

Although mediation isn’t free, it’s costs far less on average.

The Royal Institution of Chartered Surveyors offers a Boundary Disputes Mediation Service, which may be worth checking out.

What about council owned properties?

Tenants in council owned accommodation may not have to replace or repair their fence in certain circumstances.

For example, a council may be responsible for a fence if it:

• Forms a boundary between a council home and a public footpath,
• If it prevents a fall from a great height,
• Or if it forms part of a communal garden in a block of flats.

So before repairing or replacing a fence on a council property, it’s very important to check with authorities if they should be doing it.

Even if it’s not the council’s responsibility, you will likely need written permission to repair or replace the fence or you may face penalty fines.

Similarly, if you live in private rented accommodation, it’s always best to speak to the landlord first.

Does my home insurance cover fence damage?

Your home insurance policy might be your fence saviour – although this will depend on the terms.

Jessica Willock, a home insurance expert at Confused.com said: “Buildings and contents insurance policies usually include storm and weather damage, but levels of cover vary between providers.

“It is so important to check your policy’s small print to see how much and what you’re covered for.”

Typical storm damage can include roof tiles blown off in heavy winds, damage from fallen trees and debris and water damage due to heavy rainfall.

But you shouldn’t just assume that you’re covered – check your policy.

Some policies exclude fences, garden sheds and furniture, gates and hedges – anything deemed to be outside the house itself – unless you have specific cover for it such as outbuilding insurance or garden cover.

There will also typically be a clause detailing how much rainfall or how strong the wind speed needs to be in your area before you can qualify for a storm damage claim.

Don’t forget to politely check whether your neighbour has home insurance that could cover this.

Another Reddit user explained how their property was left in a state after they allowed their neighbours access to their driveway for building works.

Elsewhere, a property owner sought advice after their neighbour placed a chair in the road to prevent them parking outside their house.

Those with a driveway should watch out, as a weird loophole allows strangers to park there without consequence.

This post first appeared on thesun.co.uk