Q&As

Where the boundary fence between two commercial industrial units has been damaged by the adjoining owner resulting in the fence being a health and safety risk, who is responsible for repairing the fence?

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Published on LexisPSL on 08/05/2017

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Where the boundary fence between two commercial industrial units has been damaged by the adjoining owner resulting in the fence being a health and safety risk, who is responsible for repairing the fence?

Where the boundary fence between two commercial industrial units has been damaged by the adjoining owner resulting in the fence being a health and safety risk, who is responsible for repairing the fence?

This Q&A raises the issue of the rights of neighbouring owners of land in respect of fences running between them. It raises both property rights and remedies in tort. The reference to an adjoining owner suggests that it is raised from the perspective of the other landowner, irrespective of whether that be the owner of the fence itself. For convenience, this person will be called the primary owner.

The Q&A does not state who owns the fence. It is often understood that the location of posts to which any fencing is attached will determine who owns it. As far as it goes, this might give rise to a presumption, namely that a landowner erecting a fence will have placed the posts on his own land rather than that of his neighbour and then attach fencing panels to it as close to the line of the boundary as is possible without trespassing onto the neighbour's land. To raise this state of affairs into a rule of law would be a step too far, but in the absence of any other more compelling evidence as to the line of the boundary or the ownership of

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