Things You Need to Know About a Damaged Fence
Dividing fences are sometimes a bone of contention with adjoining property owners, especially when they get damaged and require expensive fence repair. Below are some important things you should know about it.
Who is responsible?
Generally speaking, when a shared fence requires repair, the owners on each side of the fence are responsible, whether the owners are owner-occupiers or investors.
According to the Dividing Fences Act 1961, owners have to contribute in equal proportions to the repair of a fence, and a ‘repair’ includes situations where the fence needs realignment or re-erection.
Disagreements
For example, in a situation where the owner on one side wants to replace a damaged fence, but, the other owner doesn’t think the fence needs replacing, what would happen in this scenario?
In cases such as this, if an agreement can not be reached, the owner who wants to replace the fence has the option to refer the matter to the Magistrates Court to obtain an order. However, the Magistrate first needs to be convinced that the need for a replacement actually exists.
Emergency repairs
If a shared fence is damaged or destroyed by an event, like a fire, flood, storm, or accident, one owner can repair the fence without having to give notice to the neighbor.
Neighbor at fault
What happens if the fence is damaged due to the negligence of the neighbor? Is the neighbor the one responsible for the cost of repair?
The Act will only recognize a limited set of circumstances where an owner is forced to repair or replace a shared fence taking the full cost upon themselves. These are where the damage is due to a fire, or by a fallen tree or branch. However, there must be proof of negligence on the part of the owner that is responsible for the damage.
For information pertaining to the fence repair services and products Deco Fence Co. has to offer, please do not hesitate to dial this number (626) 225-0840 now, we are based in the La Puente, CA area.