Asa Bear Posted September 11, 2015 Report Share Posted September 11, 2015 (edited) Minor dispute with the neighbour that has the potential to go pear shaped. The fence dividing our properties that is his responsibility is concrete posts & gravel boards with overlap panels and is approximately 13 years old. On his side of the boundary are conifers hiding the fence, whilst mine is flower borders. A few months ago I offered to share the cost of replacing his panels for featheredge panels, which he declined, as the fence is bowed and rotten in parts. Here's the potential banana skin. Yesterday my dog broke through one of the panels and killed a lop eared miniature rabbit the neighbours were looking after for a family on holiday. The rabbit was running free in his garden as was my dog in mine. I have patched up the knackered panel but should I replace the whole fence? Don't even mention the rabbit as their friends are still on holiday. Edited September 11, 2015 by Asa Bear Quote Link to comment Share on other sites More sharing options...
rimfire4969 Posted September 11, 2015 Report Share Posted September 11, 2015 I would offer the same as before half the costs, if he or the rabbits owner gets a bit shouty I would point out that if the fence had been repaired when you suggested it the the rabbit would still be chewing the daisies instead of pushing them up. Quote Link to comment Share on other sites More sharing options...
Bobba Posted September 11, 2015 Report Share Posted September 11, 2015 Forgetting the dog and the Rabbit!! I had a similar problem with one of my neighbours who also planted Leylandii his side of the fence. It was his fence but he didn't regard the fence as a problem as he couldn't see it. But for us it was an eyesore, our grandchildren's dog kept going through it and part of his garden kept slipping into ours - they are uphill of us. My suggestion that he replaced his fence was met with a refusal. So, for peace of mind etc, etc, we replaced 45 ft of fencing. Don't regret it. Quote Link to comment Share on other sites More sharing options...
Asa Bear Posted September 11, 2015 Author Report Share Posted September 11, 2015 (edited) Forgetting the dog and the Rabbit!! I had a similar problem with one of my neighbours who also planted Leylandii his side of the fence. It was his fence but he didn't regard the fence as a problem as he couldn't see it. But for us it was an eyesore, our grandchildren's dog kept going through it and part of his garden kept slipping into ours - they are uphill of us. My suggestion that he replaced his fence was met with a refusal. So, for peace of mind etc, etc, we replaced 45 ft of fencing. Don't regret it. I am tending to err this way for the easy life although it is totally out of character for me and I'd love to put him underneath his conifers. Edited September 11, 2015 by Asa Bear Quote Link to comment Share on other sites More sharing options...
Asa Bear Posted September 11, 2015 Author Report Share Posted September 11, 2015 I would offer the same as before half the costs, if he or the rabbits owner gets a bit shouty I would point out that if the fence had been repaired when you suggested it the the rabbit would still be chewing the daisies instead of pushing them up. Laughed out loud much to swmbo's disapproval. Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted September 11, 2015 Report Share Posted September 11, 2015 the rabbit would still be chewing the daisies instead of pushing them up. Quote Link to comment Share on other sites More sharing options...
Dunkield Posted September 11, 2015 Report Share Posted September 11, 2015 I had a similar issue recently. There is a fence that is very close to our rear fence, the 'other' fence rotted through and pushed ours over slightly, clearly it was only going to get worse, our fence was far from new. I tried to find the owner of the other fence but as it is shared access it isn't that straight forward. I sat down, made a cup of tea, worked out he cost fix it all versus the ball ache of chasing around trying to find the owner and extracting the costs and just replaced their rotten post and all my fence + posts at the same time - sorted. Quote Link to comment Share on other sites More sharing options...
Sha Bu Le Posted September 11, 2015 Report Share Posted September 11, 2015 Did the wabbit end up as a nice stew? Seriously my neighbours are top notch we do not have problems like yours. Next door left even went halves when I had a rotten tree taken down, his view was it was as much a problem for him as it was for me. Ace fella. Quote Link to comment Share on other sites More sharing options...
Asa Bear Posted September 11, 2015 Author Report Share Posted September 11, 2015 Did the wabbit end up as a nice stew? Seriously my neighbours are top notch we do not have problems like yours. Next door left even went halves when I had a rotten tree taken down, his view was it was as much a problem for him as it was for me. Ace fella. I have one neighbour like that, they're ying & yang! No stew unfortunately and I don't suppose I'll be borrowing a cup of sugar for a while. Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted September 11, 2015 Report Share Posted September 11, 2015 I have one neighbour like that, they're ying & yang! No stew unfortunately and I don't suppose I'll be borrowing a cup of sugar for a while. You asked them to repair the fence they are responsible for, they refused, an animal got in and killed the rabbit they were responsible for, through the very fence they didn't want to fix. If it were me they could get stuffed. If they want to be arsey then I wouldn't think you'd miss much by them not talking to you. Quote Link to comment Share on other sites More sharing options...
Luckyshot Posted September 11, 2015 Report Share Posted September 11, 2015 (edited) Minor dispute with the neighbour that has the potential to go pear shaped. The fence dividing our properties that is his responsibility is concrete posts & gravel boards with overlap panels and is approximately 13 years old. On his side of the boundary are conifers hiding the fence, whilst mine is flower borders. A few months ago I offered to share the cost of replacing his panels for featheredge panels, which he declined, as the fence is bowed and rotten in parts. Here's the potential banana skin. Yesterday my dog broke through one of the panels and killed a lop eared miniature rabbit the neighbours were looking after for a family on holiday. The rabbit was running free in his garden as was my dog in mine. I have patched up the knackered panel but should I replace the whole fence? Don't even mention the rabbit as their friends are still on holiday. You have the same type fence as me and by the sounds of it you have my neighbours twin aswell. I would just replace the panels as I did as I wouldn't like to think what my Akita would have done if it had of broke through my fence. Edited September 11, 2015 by Luckyshot Quote Link to comment Share on other sites More sharing options...
mel b3 Posted September 11, 2015 Report Share Posted September 11, 2015 im no legal bod so i might be totally wrong here , but , my understanding of the law is . the dog is your responsibility and should be under your control at all times. it is your responsibility to keep your dog in your garden , not your neighbours responsibiity to keep it out. most of us here shoot and keep dogs so its only natural that well make jokes about rabbit stew and the dog making a tidy retrieve , but , what would we be saying if your dog went through a farmers fence and killed a lamb ?. hopefully your neighbour and the owner of the rabbit will be understanding over the matter , the simple fact is that lots of dogs will chase , rabbits,cats,birds ,rats, mice, and kill them . a few years ago , my brother had a dog that would instantly kill any cat that it could catch on the garden , it cost my brother several thousands of pounds over the years in , new cats , vets bills , cat cremations, neighbourly relations were also a bit on the frosty side. my advice would be , be nice to your neighbour and ask them how you can resolve the matter , it might be hard to swallow but might be much cheaper in the long run. Quote Link to comment Share on other sites More sharing options...
al4x Posted September 11, 2015 Report Share Posted September 11, 2015 I reckon you could argue and push as much before the rabbit incident, however after I'd replace that bit and keep a low profile! Quote Link to comment Share on other sites More sharing options...
Dave-G Posted September 11, 2015 Report Share Posted September 11, 2015 Tin hat on. Two of my rear fences are 'mine' so to speak and I replaced the wooden posts with concrete posts and gravel boards. My neighbour just keeps replacing odd busted wood posts every winter - he's the only guy on the whole block with 'woodies' I'm not a dog owner but isn't the neighbour liable to bear the entire cost of maintaining his boundary fence - just as I would maintain the fence panels that are mine. I'd be wanting the neighbour to trim back the fence side of his conifers so he can replace the panels with the best side facing my garden. Quote Link to comment Share on other sites More sharing options...
Surfer Posted September 11, 2015 Report Share Posted September 11, 2015 Do you mean your dog chased a fox out of your garden into his through the rotten unkempt fence,sadly the fox must of killed the rabbit While you took your dog inside and prepared to to mend said fence Al Quote Link to comment Share on other sites More sharing options...
Bigbob Posted September 11, 2015 Report Share Posted September 11, 2015 When we first moved here 16 years ago I replaced the back fence next door paid for half but it was a token gesture as I got most of the posts , holders etc for free and paid cost for the panels , moving on to now where we don't speak to them as there on there second great dane and with no training they turn into a barking brute of a monster anyway they planted a hedge up there side them cut it below the height of the fence so the dog jumps up puts its paws on the fence and breaks the panels so to stop my three dogs going into there garden I put up some two inch mesh pointed side upwards . with next door being known as a lazy barstool there was a fair bit of banging that night turns out hes rebuilt most of the fence on his side ,Don't want to tell him but when my plants die down in the autumn the wifes arranged to replace the fence up to six foot LOL Quote Link to comment Share on other sites More sharing options...
Vince Green Posted September 11, 2015 Report Share Posted September 11, 2015 The law is very vague about fences. Don't get involved in disputes about fences because there is no way of resolving them Quote Link to comment Share on other sites More sharing options...
rodp Posted September 11, 2015 Report Share Posted September 11, 2015 I don't think he even has to have a fence, as far as I'm aware he could remove it completely. You however would still be liable for keeping your dog on your premises. Quote Link to comment Share on other sites More sharing options...
CharlieT Posted September 11, 2015 Report Share Posted September 11, 2015 I don't think he even has to have a fence, as far as I'm aware he could remove it completely. You however would still be liable for keeping your dog on your premises. This. Quote Link to comment Share on other sites More sharing options...
shaun4860 Posted September 11, 2015 Report Share Posted September 11, 2015 Do you mean your dog chased a fox out of your garden into his through the rotten unkempt fence,sadly the fox must of killed the rabbit While you took your dog inside and prepared to to mend said fence Al Don't even think of going down the "Fox was chased by my dog" line, your dog still killed the rabbit in THEIR garden and you don't know who was watching at the time I don't think he even has to have a fence, as far as I'm aware he could remove it completely. You however would still be liable for keeping your dog on your premises. as much as you don't like it, this is the right answer, Quote Link to comment Share on other sites More sharing options...
bruno22rf Posted September 11, 2015 Report Share Posted September 11, 2015 If the boundary is his responsibility then, by law, he does not HAVE to do anything at all-if your dog wanders into his garden then you are 100% responsible for any damage. Ways to get him to erect a fence-flick any Fudge Dragons your dog deposits in your garden into his-he would need to prove that you/your dog was responsible or , if any vegetation, that is rooted in his garden, overhangs yours-insist that he cuts it back everytime it comes over by a tiny amount. If he fails you are within your rights to get a contractor to do the job and you can then bill him for the works-and don't forget to deposit all cuttings onto his property. Quote Link to comment Share on other sites More sharing options...
norfolk dumpling Posted September 12, 2015 Report Share Posted September 12, 2015 Are you confident of your boundaries? I say this with the knowledge that when we had a minor dispute with my adjoining neighbour I discovered I actually owned 18" of his driveway. A very long story behind this but it's worth checking measurements as you may be surprised! Quote Link to comment Share on other sites More sharing options...
Asa Bear Posted September 12, 2015 Author Report Share Posted September 12, 2015 The dog is in his run for now and not allowed in the garden. Keeps looking at me with his, "what have I done" eyes. I'll bite the bullet and replace the panels myself and leave the neighbour to karma. Quote Link to comment Share on other sites More sharing options...
fenboy Posted September 12, 2015 Report Share Posted September 12, 2015 im no legal bod so i might be totally wrong here , but , my understanding of the law is . the dog is your responsibility and should be under your control at all times. it is your responsibility to keep your dog in your garden , not your neighbours responsibiity to keep it out. most of us here shoot and keep dogs so its only natural that well make jokes about rabbit stew and the dog making a tidy retrieve , but , what would we be saying if your dog went through a farmers fence and killed a lamb ?. hopefully your neighbour and the owner of the rabbit will be understanding over the matter , the simple fact is that lots of dogs will chase , rabbits,cats,birds ,rats, mice, and kill them . a few years ago , my brother had a dog that would instantly kill any cat that it could catch on the garden , it cost my brother several thousands of pounds over the years in , new cats , vets bills , cat cremations, neighbourly relations were also a bit on the frosty side. my advice would be , be nice to your neighbour and ask them how you can resolve the matter , it might be hard to swallow but might be much cheaper in the long run. Exactly my thoughts , it is your responsibility to ensure the dog stays in your garden regardless of the state of next doors fence . It could cause you some issues when the rabbits owners return . Quote Link to comment Share on other sites More sharing options...
Twistedsanity Posted September 12, 2015 Report Share Posted September 12, 2015 If the boundary is his responsibility then, by law, he does not HAVE to do anything at all-if your dog wanders into his garden then you are 100% responsible for any damage. Ways to get him to erect a fence-flick any Fudge Dragons your dog deposits in your garden into his-he would need to prove that you/your dog was responsible or , if any vegetation, that is rooted in his garden, overhangs yours-insist that he cuts it back everytime it comes over by a tiny amount. If he fails you are within your rights to get a contractor to do the job and you can then bill him for the works-and don't forget to deposit all cuttings onto his property. Are you sure about this? As far as I knew they had a responsibility of care but as for getting a contractor to do the work then billing them? My mum has a problem with an overhanging tree from a neighbours house and would benefit from this legislation if you could point me towards it as the tree surgeon and local council seem unaware of it Quote Link to comment Share on other sites More sharing options...
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