My neighbour’s dog has destroyed my fence – what are my rights?
TWO neighbours have found themselves embroiled in a dispute over a fence after a dog destroyed some of the panels.
A post on MoneySavingExpert’s forum called for help in resolving the row, which centred around whose responsibility it was to fix the broken fence.
The anonymous poster wrote: “My neighbour’s dog has bashed its way into my garden through the fence. It is the side I am responsible for. So far it has destroyed four panels.”
The poster went on to say that they were prepared to sort the broken bits at their expense – but their neighbour wanted the whole fence replaced.
“He claims the whole fence needs replacing as it is rotten,” they wrote. “It is old and brittle but not rotten and the other panels are standing fine.”
According to the poster, Citizens Advice had told them that there is no law to force them to mend the fence at all.
“But the garden looks a a total mess and of course if I replace the four broken panels, I’m sure the dog will start on the others,” they wrote.
What’s the legal position?
If you rent your home, ask your landlord if they’ll deal with the problem on your behalf. You shouldn’t make any changes to walls or fences without their permission.
If you own your home, the first thing to do is work out where the boundary is.
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This will help you to understand whose property the wall or fence is on, or whether it’s shared between you.
The best way to find out is to check the legal documents you got when you bought your home.
You can buy the documents from the Land Registry if you don’t have them, and it costs around £3.
It might be a good idea to buy the documents for your neighbour’s home too, as they might give information that’s not covered in your own.
Either you or your neighbour may find that the legal documents for your home specify that you need to keep the fence in a good state of repair.
But they might not give any details about the fence at all.
If that’s the case, if your neighbour owns the fence, they don’t have to change it just because you want them to.
You would also need to ask them permission to make any changes.
But if the fence is unsafe, they are obliged to make sure it is repaired.
If you own the fence, like the poster on the forum does, you can repair it without asking your neighbour’s permission.
What about future damage?
As the damage in this case was done by a dog, the poster could have a claim against the animal’s owner.
According to charity Dogs for Good, third party claims for negligence can be brought against you if your dog causes damage to people, property, livestock or other dogs.
This could ultimately result in a pay-out if the dog owner has pet insurance.
What’s the solution?
It’s often best to find a compromise, for example sharing the cost of a new fence panel.
It could help you to keep a good relationship with your neighbour and will probably be cheaper than paying a solicitor to resolve the disagreement.
If you’re not sure what to do, you can get help at your nearest Citizens Advice.
If you still can’t agree, you can get help from a mediator – this is someone who doesn’t know either of you and is trained to help people resolve disagreements.
It’s a good idea to ask your council if they can help you find a mediator, but you might have to pay for the service.
You can find your council on gov.uk.
If you still need help, you can look for a mediator on gov.uk.
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