FENCES have collapsed in gardens across the country due to the recent storms, creating repair bills for homeowners.
But in some situations, neighbours are falling out if one side refuses to take responsibility for a broken fence – we explain your rights.
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The UK has been battered by storms in recent weeks.
Storm’s Dudley, Eunice, Franklin have caused damage to homes and gardens.
Fence repairs can cost more than £900 on average, according to Checkatrade, or £1,750 for a replacement.
So it is important to know who is responsible for the bill.
One homeowner has taken to the MoneySavingExpert forum to query their rights as their neighbour never takes responsibility for a fence between their homes.
The homeowner said they often cover the repairs but a bush in the neighbour’s garden is pushing it down and they refuse to contribute to any fixes or replacement.
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So what are your rights in this situation?
Legal experts say fence disputes come down to who is responsible for the boundary.
The first step is to check your property deeds, which you can purchase from the Land Registry website for £7.
This will show the layout and boundaries of the land you own.
It may also have a T mark that shows which fence side is yours to maintain.
If the neighbour owns the fence, then they cannot be forced to change it but whoever is responsible for it is supposed to cover the full repair costs.
Fence supplier Lawsons said: “Your neighbours are not legally obliged to fix or replace a fence, unless it is causing a safety issue.
“If you find yourself in the unfortunate position where your neighbours are refusing to take any action on their damaged fence, a final option may be to erect a new fence on your own land.
“You can do this alongside your neighbours existing fence, as long as it is on your private property and inside your boundary.
Joanne Ellis, partner in the dispute resolution team at solicitor Stephensons, has previously warned that repair costs may have to be shared if the neighbour made changes to their land that impacted the fence.
This could include if the bush has damaged the fence.
Ellis said she has seen boundary disputes go to trial, which can cost £40,000 to £50,000.
To avoid that, you may be able to get the your local council to solve a dispute or use a mediation service.
There may still be a fee but it will be cheaper than using a solicitor.
Ellis added: “Neighbour disputes are stressful and costly and can take years to sort out if you can’t find a resolution.
“If you can come to an agreement, then it doesn’t really matter what the legal position is.”
Sometimes, a fence may just be old and feeble and need removing or replacing – one person sought advice after their neighbour ignored their fallen fence.
Storm Eunice saw many fences wrecked, which left many Brits wondering who has to fork out to pick up the pieces.
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