A HOMEOWNER has been left frustrated after their fence was destroyed in Storm Eunice – and they think it’s their neighbour’s fault.
The person took to online forum Reddit seeking advice about their legal standpoint on the matter.
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The homeowner’s neighbour is moving out, so estate agents had erected a “for sale” sign to their joint fence.
They wrote: “There was a storm in the UK and the weight of that sign caused my fence to break off completely.
“I’m certain it was the sign that caused it because my fence on the other side is perfectly fine and intact.
“Would I be in the right to contact the company for compensation?”
Fence disputes are common between neighbours, and it’s not always clear who is responsible for repairs and replacements – especially if you’re not sure how the damage was caused.
One Reddit user responded saying the homeowner would be within their rights to ask the estate agent to pay up.
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They said: “It would be reasonable in any legal framework to ask the realtor to pay for fence repairs.”
But just because it seems reasonable, it doesn’t mean the estate agency will cough up for the damage.
Proving that the destruction is directly linked to the sign is tricky, as it could have been a coincidental incident.
What are my rights?
The Sun spoke to Paula Higgins, chief executive of HomeOwners Alliance, about the situation.
She advised: “Check to see if the estate agent is a member of The Property Ombudsman (TPO).
“If that’s the case, the reader could make a case for redress by arguing that the estate agent did not get permission to erect the board by the owner of the fence, and that they should accept liability.”
According to Paula, estate agents must follow the TPO code for estate agents which states:
- You can only erect an estate agency board with the specific permission of the seller;
- Any board you do erect must be appropriate;
- When you put up a board you must by law comply with the appropriate regulations;
- You must accept liability for any claim arising under these regulations in connection with the board.
However, Paula added: “That said, the reader may find it difficult to prove that the sign is what caused the fence to collapse and not the storm.”
The homeowners could make a complaint to the property Ombudsman regardless, but would have to contact the estate agent directly before doing so.
HomeOwners Alliance has a guide on making a complaint to the Property Ombudsman to help residents through the process.
How to check a boundary
If your neighbour wants to attach flowers, a trellis, hammer nails in, or attach a “for sale” sign to a fence, they will only need your permission if you can prove it is owned by you.
To do this, you’ll need to provide evidence that outlines property boundaries and who is responsible for which one.
The most common way to check whose property owns the boundary is to read your property deeds.
If you don’t already have a physical copy of these, you can order them from the Land Registry on the government’s website for a £3 fee.
Note that you can purchase the deed titles to the neighbouring property as well to check whether additional information is outlined in theirs that isn’t in yours.
On some deeds, boundaries may be marked with a T on one side to denote whose responsibility it is to maintain the border, so keep an eye out for this.
Talk it out
Before getting into any heated discussion, it’s best to chat calmly with your neighbour to air any grievances either of you might have.
Although getting other parties involved may be tempting, it’s best to avoid court if possible as the fees can rack up to be a lot heftier than the price of repairing a fence.
If you really can’t see eye to eye on the matter, consider mediation services which are cheaper than court costs.
The Royal Institution of Chartered Surveyors offers a mediation service which may be a good place to start.
This Redditor isn’t the only Brit facing damages after the storm. Another user explains how Storm Eunice knocked their fence down, and they’re not sure which property is responsible for it.
And while we’re on the topic of property damage, here’s what your rights are if your home is damaged by a property surveyor.
Here’s six things Brits should do to their homes to brace for blustering winds.
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