Fencing Problem

HAVEFAITH

Hi there,

If you erect new fencing between the boundaries after a verbal agreement between parties (neighbours) to do so & then after the work has been done refuse to pay a penny for the work, even after agreeing to do so. What should be done here? I am thinking about a court claim at worst. Your thoughts please.

My partner was witness to an initial conversation between myself and the neighbour and then a second conversation agreeing for the work to start. Then when I present the bill they refuse to pay a penny - saying that the boundary is on our side. Clearly not but it has been erected between boundaries.

Your thoughts please .... thank you

Tozer

Been involved in a similar situation myself. Ended up in a court claim (successful).

One initial thought - tell them you will take it down again unless they pay and, given that they have reneged, you will certainly not be putting up another fence.

Then proceed to hold lots of naturist parties. Enjoy.

hippyadam

Tozer wrote: »

Then proceed to hold lots of naturist parties. Enjoy.

Genius! :beer:

HAVEFAITH

Tozer wrote: »

Been involved in a similar situation myself. Ended up in a court claim (successful).

One initial thought - tell them you will take it down again unless they pay and, given that they have reneged, you will certainly not be putting up another fence.

Then proceed to hold lots of naturist parties. Enjoy.

Hi,

Thank for your posting. Tell us more about your court claim. Also the naturist party is a considered option

coldstar

There is usually a clause in the house deeds or the rental agreement that states who is responsible for which boundry and requiring appropriate and adequate fencing be errected and maintained.

pinkshoes

As coldstar said, check what your deeds say.

Most houses are responsible for one boundary each, where you pay for and maintain your own fence or whatever you choose for your bit of the boundary.

And it's common courtesy to put the nice looking side towards the neighbour if it's a fence.

Did you agree on a set price with the neighbour?

HAVEFAITH

pinkshoes wrote: »

As coldstar said, check what your deeds say.

Most houses are responsible for one boundary each, where you pay for and maintain your own fence or whatever you choose for your bit of the boundary.

And it's common courtesy to put the nice looking side towards the neighbour if it's a fence.

Did you agree on a set price with the neighbour?

Hi, thanks for your contribution. I agree verbally (i know i should have had it in writing) with this pleasant and supposidly reasonable person. My partner was witness to the conversation and again before the works started. I discussed the cost of the materials and even negotiated discount with the supplier. So we had 2 conversations, i phoned him to to confirm costings & labour charges. So everything was in place and then work started. It was sweltering weather and the quality of worknamship was very high. Both sides of the fencing were also wood stained (i called the neighbour to confirm this before & he said fine go ahead) So there was no reason to think there was a concern or problem throughout the whole process. Until we presented the bill. To tell us they were not paying was quite a shock.

It's now 2 weeks on and we have heard nothing!

HAVEFAITH

coldstar wrote: »

There is usually a clause in the house deeds or the rental agreement that states who is responsible for which boundry and requiring appropriate and adequate fencing be errected and maintained.

Hi, I agree with you but this was a verbal agreement and boundaries were never discussed - it was a like for like replacement. The annoying aspect about all of this is not a word was mentioned after verbal agreement (days before the project started) until the bill was presented. This is a matter of principal now.

pulliptears

taking this slightly OT.....

The fence between our owned home and my neighbours private rented has fallen down. It was a pallet constructed fence put up years before we moved in and has slowly collapsed leaving bits of wood and nails sticking into my garden. That side of the fence isn't our responsibility, and whilst we have attempted to stand the thing back up again over the years we cant afford to replace 200 feet of fencing.

I spoke to the letting agents last year who assured me that something was going to be done about it. It hasn't.

I pretty much know the answer will be no, but is there anything I can do to make the owner repair a dangerous fence?

pinkshoes

HAVEFAITH wrote: »

Hi, thanks for your contribution. I agree verbally (i know i should have had it in writing) with this pleasant and supposidly reasonable person. My partner was witness to the conversation and again before the works started. I discussed the cost of the materials and even negotiated discount with the supplier. So we had 2 conversations, i phoned him to to confirm costings & labour charges. So everything was in place and then work started. It was sweltering weather and the quality of worknamship was very high. Both sides of the fencing were also wood stained (i called the neighbour to confirm this before & he said fine go ahead) So there was no reason to think there was a concern or problem throughout the whole process. Until we presented the bill. To tell us they were not paying was quite a shock.

It's now 2 weeks on and we have heard nothing!

As you have several verbal agreements and a witness, you potentially have a strong case, although tread carefully...

Did the price of the fence change from when they agreed to the price, then the price at the end?

Your option is to take them to the small claims court, but don't forget you have to live next door to these people! I believe this would count as a neighbour dispute, which you would have to declare if you sold your house.

Firstly, I would write them a polite letter, pointing out how disappointed you are that they have chosen not to pay for half the fence despite verbally agreeing to it several times, and ask them at the very least if they're not going to pay, then could they at least justify why they are backing out of the agreement they made.

Keep it POLITE! No need for mention of small claims court.

If you don't get an answer within 2 weeks, then you can send them another letter giving them 14 days to pay up, or you will take them to court,

OR...

You could employ a local graffiti artist and get them to paint hideous murals of your neighbour and other vulgur images on their side of the fence. It is all your fence after all, so you are free to paint it any colour you choose...

HAVEFAITH

pinkshoes wrote: »

As you have several verbal agreements and a witness, you potentially have a strong case, although tread carefully...

Did the price of the fence change from when they agreed to the price, then the price at the end?

Your option is to take them to the small claims court, but don't forget you have to live next door to these people! I believe this would count as a neighbour dispute, which you would have to declare if you sold your house.

Firstly, I would write them a polite letter, pointing out how disappointed you are that they have chosen not to pay for half the fence despite verbally agreeing to it several times, and ask them at the very least if they're not going to pay, then could they at least justify why they are backing out of the agreement they made.

Keep it POLITE! No need for mention of small claims court.

If you don't get an answer within 2 weeks, then you can send them another letter giving them 14 days to pay up, or you will take them to court,

OR...

You could employ a local graffiti artist and get them to paint hideous murals of your neighbour and other vulgur images on their side of the fence. It is all your fence after all, so you are free to paint it any colour you choose...

Hi there,

Firstly thank you for taking the time to respond on this blog/forum. It is not my next door neighbour but at the end of my garden. We have sight of each other. However i do not have any bad feeling bones in my body (until now perhaps!:) The neighbour actually agreed to pay entire replacement but of course has now 'welched' / reneged when it comes to paying for it. I was adding security and other fencing at my end of the garden/house so ordered all the materials (as agreed) to enable discount of the costings. So i've sourced without any fuss materials and wood stain at very good prices. I would even be prepared to split the bill, but this has now left a rather nasty taste in my mouth.

I do however fully agree about the 'polite' aspect. I will draft a letter and see what happens from here. I do feel as if we have done all the running around including sourcing trusted labourers only to find these people do a compete reversal on what was agreed.