by plumbbob »
Sun Aug 16, 2009 10:09 am
If the fence was a party divide then you would both have equal responsibility for it and you could, with his agreement simply replace it where it is.
If it is not a party fence, then it ought to be stepped back from the boundary line slightly so the true boundary is on your side of the fence. That's why it's his fence and his responsibility- it's on his land.
You could erect a new fence right up against his, and the boundary should remain unchanged simply because it is your fence on your land. Of course, this may be inconvenient to you and a future neighbour may try to claim the fence is theirs!
Whatever, I would keep good photographic evidence of where the fence and boundary is now before the line disappears.
About keeping a fence in good order, well, that's just what he should do. But how you force someone in to doing it is difficult which is why many choose to either replace their neighbours fence, or build their own.
You have my sympathy.