Fencing Dispute

HAVEFAITH

I am putting this out there as I need some urgent answers please.

Late spring I replaced fencing between 2 houses. My neighbour agreed to pay for the cost, we said we'll split the bill, they said no that's fine just present the agreed invoice. Work was completed to a high standard and the bill was presented. We heard nothing for 14 days so I called to ask for a cheque. Was then told 'not our problem you pay for it' Of course that left me speechless. However I remained calm, issued another invoice by recorded post. Was then told the invoice was too much and will not be dealing with you anymore on that basis. My partner witnessed the original conversation and another one thereafter so can testify what was said. I have since sent 3 more requests for payment even offering to split the bill.

That was 4 months ago and still I hear nothing - complete silence. Then the For Sale board goes up and then I hear within 1 week the house has been SOLD.

I am at the point where I am thinking of going to court with this matter. Can i please receive some advice and comments what I should do next. Does the vendors Hipps form require notification of a neighbour dispute?

I look forward to hearing back with your help ... Thank you

RadoJo

Who actually has responsibility for the border- normally it would be on your deeds? If it was you, then I'm not sure there's much they can do as without a written agreement from your neighbour to pay, it will be your word against theirs. If this is actually the neighbour's boundary, then it might be more likely that you would have agreed to split it, but it's still a balance of probability as it's difficult to imagine anyone agreeing to pay for someone else's fence, which it seems either you or your neighbour have done.

HAVEFAITH

RadoJo wrote: »

Who actually has responsibility for the border- normally it would be on your deeds? If it was you, then I'm not sure there's much they can do as without a written agreement from your neighbour to pay, it will be your word against theirs. If this is actually the neighbour's boundary, then it might be more likely that you would have agreed to split it, but it's still a balance of probability as it's difficult to imagine anyone agreeing to pay for someone else's fence, which it seems either you or your neighbour have done.

I've payed out for the lot, talk about being shafted. Yes I fully understand what you've said about bounderies etc. But this was never discussed or needed to be as the verbal (now I know a big mistake, maybe) agreement was witnessed by my partner. It's now 6 months on and i've heard nothing.

Also I've since heard that the neighbours house has gone on the market. Does anyone know if a neighbourly dispute has to be listed on a HIPPS form?

RadoJo

That's really bad luck - you trusted your neighbour in this matter and they have done the dirty on you, which leaves a bad taste in the mouth but at least you have a nice fence and if the neighbour's moving, you won't have to deal with them!

In terms of a HIP - I'm not sure how 'official' a dispute has to be before it needs to be declared, but it looks like even a pretty big issue can be overlooked under certain circumstances: http://www.thisismoney.co.uk/mortgages-and-homes/article.html?in_article_id=484010&in_page_id=8#

In fairness, I suppose your neighbour could deny all knowledge of a dispute and say that they had never agreed to pay and never received a bill from you, but this website seems to cover your situation, so it may be worth pursuing: http://pps.tr.azuracms.co.uk/legal/asktheexpert/viewquestion/148/

Good luck!

Tozer

Didn't you ask about this earlier this year? The advice is the same. If the neighbour won't pay, you will have to issue proceedings.

cajef

HAVEFAITH wrote: »

But this was never discussed or needed to be as the verbal (now I know a big mistake, maybe) agreement was witnessed by my partner.

Does anyone know if a neighbourly dispute has to be listed on a HIPPS form?

Looks like you have been shafted, it is your word against theirs and your partner is hardly an independent witness, and no it does not have to be declared on a HIPs form.

It does have to be declared on a form that the solicitor will ask them to sign, but they may say they knew nothing about the fence and never asked for it to be replaced.

sarahg1969

Take the fence panels out and paint his side a horrid colour.

Optimist

HAVEFAITH wrote: »

I've payed out for the lot, talk about being shafted. Yes I fully understand what you've said about bounderies etc. But this was never discussed or needed to be as the verbal (now I know a big mistake, maybe) agreement was witnessed by my partner. It's now 6 months on and i've heard nothing.

Also I've since heard that the neighbours house has gone on the market. Does anyone know if a neighbourly dispute has to be listed on a HIPPS form?

A dispute certainly has to be declared however this "dispute" will have no effect on your new neighbours so probably would not even be classed as a notifiable dispute

Money_maker

Behaving so badly to you, I would make sure that a neighbour dispute is known about and on the HIPPS. This will seriously affect his sale.

But then I reckon what goes around comes around.

pinkshoes

If the sale hasn't gone through yet, I would seriously consider painting "their" side of the fence in bright hideous colours...

Saying that, why not just be grateful that the lying scumbags are moving, and take the hit? Fingers crossed the new neighbours are nice!!

You didn't actually answer the question of who the border actually belonged to. So...?

GSXRCarlos

it must be a really expensive fence if you want to bring proceedings against them.

Realistically:
1. who's boundary is it? as per the deeds?
2. Was the fence so dilapidated that you NEEDED to replace it?
3. how much is the fence worth? (in materials and labour)