Which garden fence side is my responsibility?

[Epona]

But, that isn't the case, there has to be negligence involved, I posted this on the storm eunice thread -

Here's an interesting link to a case of where a branch fell from a NT tree, causing serious injuries to a visitor to one of their properties, the court ruled that the NT wasn't negligence and dismissed the case.

https://www.zurich.co.uk/news-and-insight/the-extent-of-duty-of-care-in-tree-maintenance

OK fair enough, I don't have a stake in this discussion (although I hope my stuff about fences earlier was useful).

Am now eyeing the tree outside our flat with some trepidation

 

[cupid_stunt]

ah crap i really don't know what to do for the best. Have sent email to NT but should i try to contact insurance company without delaying now too?
Its not blocking access so its not an emergency of any kind. I have never made a claim on insurance before and that feels daunting.

I would hold fire for a few days, as it's not urgent, and see what the NT says.

In the meantime you could check your policy, not all policies cover fences, and even if they do in this case, they may not cover the removal of the branch, or just give them a call for advice, if you are not sure about the the policy wording.

 

[bimble]

yep. well this is crap but its clear (my insurance policy):

 

[cupid_stunt]

yep. well this is crap but its clear (my insurance policy):
View attachment 311211

After school, my first few years working was dealing with general insurance claims on household, travel and public/employee liability policies, so I know the basic stuff, but that was a LONG time ago, and things do change.

TBH, back then, basic household policies always excluded damage to fences, there were premium policies offering better cover, but rarely did people take them out due to the extra cost, so I am not surprised by that. I didn't say your policy would probably not cover it before, because until checking, I could easily have been wrong.

Not that any of that helps you.

 

[bimble]

i'm not too worried tbh, about the fence, i think i could fix it but i cant remove the branch its massive (and i suppose it doesnt belong to me).

 

[platinumsage]

You could saw liftable bits off starting from the thin end, looks quite doable with a hand saw, then chuck each bit over the fence. You could do a bit each day or whenever you feel like a work out. You might be surprised how quickly the right grade saw will slice through it.

 

[bimble]

embarassingly, i do own a chainsaw but am terrified of it.

 

[prunus]

There was no question of not having a fence, otherwise I would have had to share my garden with next door’s two inquisitive toddlers and a hyperactive cockapoo

Can be an electric fence, of course.

 

[cupid_stunt]

i'm not too worried tbh, about the fence, i think i could fix it but i cant remove the branch its massive.

Well the NT may as a goodwill gesture deal with that, otherwise if you are lucky you could find someone like my brother, who has a small chainsaw & wood burner, who happily removes wood in such circumstances for free, just for the wood.

Everything we took has been used now, but did we have fun when this lot turned up on the beach back in 2008.

 

[cupid_stunt]

embarassingly, i do own a chainsaw but am terrified of it.

And, rightly so!

But, if you have a chainsaw, can you find someone else to use it for you?

 

[bimble]

And, rightly so!

But, if you have a chainsaw, can you find someone else to use it for you?

yep, there is someone who might gladly, but still need to speak to Nt first as its their property.

 

[prunus]

I am guessing your place is fairly old? In that case it's unlikely to be marked with any Ts or Hs, but most plans will have such markings.

In my experience very few title plans have the fabled boundary markers on them; I’ve seen more than 1000 (fairly randomly sampled from the UK housing stock) in recent years and fewer than 10 I reckon are so marked. It’s only £3 to get a copy of your title plan from HMLR to have a look though (automated service online).

 

[platinumsage]

In my experience very few title plans have the fabled boundary markers on them; I’ve seen more than 1000 (fairly randomly sampled from the UK housing stock) in recent years and fewer than 10 I reckon are so marked. It’s only £3 to get a copy of your title plan from HMLR to have a look though (automated service online).

Often it will be on the register and not the plan, but very rarely on the plan and not the register, so best to spend 3 quid on the register first.

For example mine says "The Purchasers shall maintain the fences along the North-East and South-East sides of the land hereby conveyed" which means no marks on the plan.

However my mum's says "The Purchaser is to make (if not already in existence) and afterwards to maintain a good and sufficient fence or hedge to the approval of the Vendor next the roads rights of way and on the sides of his plot marked T within his boundary and the Vendor shall have the right to graze or cut the grass on any of the plots until fenced in", which is when you'd then fork out for the plan to see where the Ts are.

Also worth buying your neighbours' ones as they're often contradictory

 

[Artaxerxes]

Surely if you put the fence an inch or two inside your property they can't do anything. maybe put a few bricks down to denote were the property border line is.
My neighbours have a shed I'd like to block out as the fence has now collapsed but as they can't get to it or see it I don't think they care. I might just put one there anyway.

But those 2 inches are your property, sacred ground. Why should you exert yourself and cut off your property just to work around the laziness of themun next door

 

[Indeliblelink]

But those 2 inches are your property, sacred ground. Why should you exert yourself and cut off your property just to work around the laziness of themun next door

Well the fence in question is only three panels long hidden behind trees and a shed so too too bothered about losing an inch or two as long as the actual border is marked for future reference. Anyway I had a chat with them this morning and they said they going to be putting a fence there so we're both in agreement with what to do (hopefully).

 

[bimble]

oh, it turns out that weirdly its not national trust that bit, they came round to have a look and said they would help if it was their tree but its not as that little bit actually belongs to the rather dashing man down the hill whose real name i can't remember and have been referring to as mr darcy. Will have to go down there and leave a note.