Who should pay for repair to fence?

Options

marfy Posts: 42 Forumite

29 January 2014 at 3:52PM in Flood & storms help & information

Hi

We are responsible for the fence between us and our neighbours. Some years ago they asked if they could remove our fence and replace it with one of their choosing to which we agreed. In the recent storms several panels and one post have fallen and broken and they are expecting us to pay for the repairs.

Our argument is that they own the actual fence and chose the design (a lattice panel that was not very strong) and maybe our old fence would have withstood the storms. I know this can't be proven but there you go

They want it to be repaired asap, however it doesn't bother us as we never use the garden anyway and, due to the amount of work in the area from the storms, fence repairs have doubled in price!

Comments

savvy Posts: 31,128 Forumite

30 January 2014 at 1:58PM
Options
I would assume if your deeds say that the boundary is yours to maintain etc, but neighbours bought the fence, that you are still liable to pay for the replacement of the damaged panels - and to your specification that you desire.

However, perhaps you could come to an agreement that you split the costs 50% if they want the similar fencing put back in - otherwise if you are going to pay 100% you put in what the heck you want

This Garden Law site and forum may help you a bit better though.

Honorary Northern Bird bestowed by Anselm

I'm a Board Guide and volunteer to help get your forum questions answered and keep the forum running smoothly on Special Occasions, Green/Ethical, Motoring/Overseas/UK Travel & Flood boards, it's not part of my role to deal with reportable posts. Report inappropriate or illegal posts to forumteam@moneysavingexpert.com. Views are MINE & not official MSE ones

0
27col Posts: 6,554 Forumite

30 January 2014 at 2:20PM
Options
Ignore them, if they want a fence that badly then they will pay for it to be replaced. In my personal opinion, all fences should be shared responsibility. makes it easier all round. There is no way that you can be made to repair/replace the fence, even if it is your responsibility on the deeds. I would think that you only need to specify where the boundary line actually is, and that can easily be done with a few marker posts.

I can afford anything that I want.
Just so long as I don't want much.
0
ERICS_MUM Posts: 3,579 Forumite

30 January 2014 at 2:32PM
Options
My 2 immediate neighbours and I share the cost of fencing. One side's fence was badly damaged by "my" ivy. After I stripped it off and pulled it up the fence obviously needed replacing. So I paid for the panels and my neighbours ordered them, had them delivered and fixed them in place. I disposed of the old stuff (a few runs to the dump).

The other neighbours ran a pet rabbit refuge and they (the bunnies) made a terrible mess of the fencing baseboard (my fence). We paid half each for the materials and my neighbour paid for someone to help him fix it all and took away the old stuff.

I am so lucky with all the neighbours down our road and it makes life so much easier when you can negotiate this way to everyone's satisfaction.

0
zaax Posts: 1,910 Forumite

29 July 2014 at 10:05AM
Options
Fencing is one of the simpler DIY jobs - buy fence; posts* and postcrete. Remove old fence and posts. Put posts on old hole; make sure the post is vertical add postcrete; sure the post is vertical; slowly add water to postcrete as per instructions on bag wait three days for it to set attach new fence to posts.

*I use concrete spurs so the hole never has to be dug again.

Do you want your money back, and a bit more, search for 'money claim online' - They don't like it up 'em Captain Mainwaring
0
27col Posts: 6,554 Forumite

19 August 2014 at 8:16PM
Options
zaax wrote: »

Fencing is one of the simpler DIY jobs - buy fence; posts* and postcrete. Remove old fence and posts. Put posts on old hole; make sure the post is vertical add postcrete; sure the post is vertical; slowly add water to postcrete as per instructions on bag wait three days for it to set attach new fence to posts.

*I use concrete spurs so the hole never has to be dug again.

I thought that the whole point of Postcrete was that you could fix the panels almost immediately. I certainly do and have not had a problem so far.

I can afford anything that I want.
Just so long as I don't want much.
0
System Posts: 178,093 Community Admin

19 August 2014 at 8:26PM
Options
savvy wrote: »

I would assume if your deeds say that the boundary is yours to maintain etc, but neighbours bought the fence, that you are still liable to pay for the replacement of the damaged panels - and to your specification that you desire.

You can maintain the fence by replacing it with a 6 inch stick and a bit of string. Deeds probably just mention that you are responsible for that boundary, it doesn't mean that you have to have any structure on it although to be safe you do need some method to positively identify where the boundary is.

As has been said, if neghbour wants a fence then neighbour can put one back up

0

This discussion has been closed.

★ ★ ★ Meet your Ambassadors

MSE News

Barclaycard's cutting minimum repayments – you could be in debt YEARS longer paying DOUBLE the interest
If you've got debt on a Barclaycard, it's likely the minimum you have to repay each month will be cut from July. If you're unaware, and don't act, you could stay in debt for many years longer and pay possibly £1,000s more in interest.
NatWest, RBS and Ulster Bank to close at least 100 branches in 2024/25 – here's the full list, plus alternatives
NatWest, Royal Bank of Scotland (RBS) and Ulster Bank, which are all part of the NatWest Group, will shut at least 100 of their bank branches in 2024/25, after RBS announced a further 18 closures.
Co-op Bank customer? You could be moved to Coventry Building Society in future – here's what's happening
The building society has today agreed to a potential takeover of the high street bank – though it's still very early days and the deal needs regulatory approval.
Got a text, email or letter from the Met Police? Don't ignore it – you may need to act to protect yourself from scams
If you got a text message or email from the Metropolitan Police between 4pm and 6pm on Wednesday 17 April – or you get a letter in the next few days – don't ignore it.
Save up to £1 on your takeaway coffee – while saving the planet
Many of us regularly reach for a cup of coffee or tea to give us a caffeine boost, but if you’re out and about and can't bring a thermos from home, the cost of this can quickly mount up.
Chase customer? Check if you can get its boosted 5.1% easy-access saver
If you have a Chase current account, you may be able to get a table-topping 5.1% easy-access savings rate to go with it, as the bank has launched a new, temporary bonus offer for some existing customers.
New online state pension boosting tool promised to Martin Lewis hit by delays – here's what you need to know
The tool was first promised to MoneySavingExpert.com founder Martin Lewis on ITV's The Martin Lewis Money Show Live last summer and was expected to launch before the end of the 2023/24 financial year.
Spotify to hike prices by up to £24 a year – here's what's happening
If you've got a Spotify Individual, Duo or Family account you'll see prices rise by up to £2 a month (equivalent to £24 a year) in a month's time, the music streaming service has announced.
Subway customer? You've got until 14 May to use your loyalty scheme points before shake-up – here's what's happening
If you're a Subway Rewards member, you have until the end of Tuesday 14 May to spend any points you've built up – or lose them entirely.

View All

Who should pay for repair to fence?

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free