Real life MMD: Should we pay for the fence?

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Comments

  • raaowdot
    raaowdot Posts: 1 Newbie
    They probably need a Party Wall agreement. If you don't want to have a higher fence and want to stop them I'm pretty sure they should have an agreement otherwise they can't change it.

    Try and get a copy of the Party Wall Act.
  • CRANDO
    CRANDO Posts: 8 Forumite
    I have a similar problem to this in that my neighbours garden is overgrown and has damaged the dividing fence. Its my responsiblity on the deeds, but am reluctant to pay the full amount when its their garden that has caused the damage - advice please.

    Also, same neighbour has an unkept roof which is leaking and causing damp in one of our bedrooms - she won't fix it - what is your advice on dealing with this?
  • babyjaike
    babyjaike Posts: 8 Forumite
    I also agree with others that you shouldn't pay, however...what about suggesting the option of fence toppers - the pretty(?) trellis/lattice panels that can sit on the top of existing panels??
    You get to keep the perfectly functional existing fence and they get to buy & add the height they desire...win win x:j
  • Impet_Limpet
    Impet_Limpet Posts: 690 Forumite
    The Party Wall act does not cover wooden fences.

    Don;t know if this helps the tree that damages your fence
    http://www.problemneighbours.co.uk/rights-trees-and-overhanging-branches.html
    :kisses2: Got married September 2011:smileyhea
  • Princessarah
    Princessarah Posts: 3 Newbie
    MartinWickham wrote: »
    As it's, apparently, a shared fence, tell them your share is the lower half.


    Pure Genius! :rotfl:
  • Global_D
    Global_D Posts: 54 Forumite
    edited 11 May 2011 at 10:35AM
    Not sure if this does come under the Party Wall Act as its a fence. Where a boundary is shared by 2 properties and one wishes to build anything on the boundary line then there must be a party wall agreement which you can pursue if you aren't happy about any proposed changes.

    Normally fences aren't an issue as they are attributed to one side of a boundary line. In this case it is on the line and the maintenance is both properties responsibility. Perhaps you can suggest that if they wish to increase the fence height they can... at their cost and also ensure that they take sole responsibility for maintaining the fence. You don't want to become responsible for maintaining the increased height in something that you didn't want.
    2011 - unsecured debt free :j
    2036 - mortgage free :(
  • clw1
    clw1 Posts: 185 Forumite
    First Anniversary First Post Combo Breaker
    I think it depends on what condition the fence is in, if it's in poor condition then I would say that both neighbours should split the cost of replacement but if it is in good condition and the neighbours just want to raise it for privacy then they should pay.

    Alternatively as a previous poster has suggested offer to go 50/50 on adding trellis to the top.
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    First Anniversary Photogenic Name Dropper First Post
    You might want to question why they want a bigger fence. Are you and your family particularly ugly? Do people recoil in horror when they meet you?

    This may be more complex than it seems....
  • Marco12452
    Marco12452 Posts: 178 Forumite
    If the current fence is in good condition and adequate, why should you be out of pocket to suit their requirements.
    If you are on good terms with the neighbours though, be diplomatic with your refusal.
    If the fence is in poor condition and needs replacing, then yes, you should contribute if it is a shared responsibility. There is no need to upgrade the product though, a straight replacement will suffice.
  • birkos
    birkos Posts: 3 Newbie
    I am in the same boat. the boundary is shared but the old fence got blown down in a storm a year ago and have only got around to looking at getting a new one.

    I got 3 quotes for a replacement fence and asked if the neighbour would contribute, he said he liked the fact there was no fence there and he couldnt afford to contribute anything to the cost. I obviously cant force them to pay but we need a fence up as there is no privacy!

    Does anyone know what the legal stance on this would be? I don't want to be a demanding neighbour but I also dont want to sink all the costs myself ... does anyone have any advice??
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