Fence repairs who is responsible
These are where the damage is caused by fire, or by the falling of a tree or branch. However, there must be evidence of neglect on the part of the owner deemed to be responsible for the damage. Tenants are not responsible for the cost of repairing a shared fence, except when the term of the lease is for a period of five years or more. According to the Act, if the term of the lease is between five and seven years, the landlord must pay three quarters of the cost and the tenant one quarter.
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Five things you need to know about a damaged fence Back. Newsletter Subscribe to get our expert insights delivered straight to your inbox. Cities or property owner associations often try to regulate things such as fence height, but for disputes involving ownership or maintenance, those will often need to be settled in court if the neighbors cannot come to an agreement on their own. One common practice among neighbors to determine the responsibility for repairs and maintenance is the direction of the fence.
If the plank side, more commonly known as the pretty side of the fence, is facing you, then you are responsible for it. If you have the post side, also known as the skeleton or ugly side of the fence, you are not responsible for its upkeep. Generally, each property owner will have two sides of their backyard fence to maintain as well as their front fence, up to the property line.
If the front fence covers both sides of the property line between owners, homeowners will share the cost of repairs, upkeep, and new fencing when needed.
What about in severe weather conditions? Home insurance companies handle extreme weather conditions, a hurricane for example, as a natural disaster and neither neighbor is at fault for the damages incurred.
Admiral Home Insurance covers fences as part of its standard home cover, as outlined in the policy book. While some causes of damage to garden fences are covered under your home insurance, there are usually some exclusions. For example, should your garden fence be damaged by a falling tree or during a storm then this would typically be excluded under most policies.
Probably the most common garden fence problem is deciding who is responsible for repairs and maintenance. As mentioned earlier, talking to your neighbour and coming to a mutual conclusion can solve most issues. If there is a dispute between you and your neighbours about who is responsible, it is necessary to settle who owns the disputed bit of land. Whilst garden fence responsibility can be a contentious issue, the rules and laws remains largely straightforward and cover almost all possible situations, meaning you can always sort out any problems in one way or another.
Lifestyle Guides Which side of the fence am I responsible for? Matthew Siggins 11 October Updated 26 May 6 minute read.
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