Dispute over boundry fence

Button21

Dear all,

Can anyone help me with a problem we have encountered. Our fence between ourselves and our neighbour was badly needing replaced - we spoke to our neighbour and agreed that we would replace it and he (our neighbour) would contribute towards the costs.

A figure of £350 was agreed - this is very very cheap as it stretches the full length of the garden (approx 30 metres), as my husband will do all the labour.

Anyway, we purchased the wood, took down the old fence, bought the cement from the quarry and work on the new fence commenced......only to be told by our neighbour that he now "cannot afford to contribute".

We gave him options, ie pay monthly over the next year to 18 months, or pay us the full amount at a later date, all which he declined.

Where do we stand now? Do we have any rights at all?

I am so angry - he will get a complete new fence which will enhance his property at our expense! Not even a contribution from him!

Thank you for reading.

Button x

ps we live in Scotland - don't know if the laws here are different?? Thanks guys!

maninthestreet

You only have his verbal agreement that he would pay to rely on. Were there any witnesses to this? If not, trying to enforce it would be extremely difficult.

Button21

thanks for your reply - yes, we do have witnesses - there was also one yesterday when he came over to the boundry and backed out of the deal.

It isn't so much the money, just the principle that we now have no choice but to go ahead with the fence. Had he told us a week ago, we would have just left it out of principle, but this way, the cement was wet, we're backed into a corner and he gets a fence free of charge!!!:mad::mad::mad:

redlady_1

Is it your boundary?

Estate_Agent

Us southerners typically only own and therefore have an obligation to maintain a fence on one side of the garden.

Do you own the fence, or does your neighbour? Are you replacing his fence at your cost? I appreciate that it needs replacing and that it will enhance the value of both properties and having done the job myself I don't envy the job your husband is about to do! But this may just end up as a situation where your neighbour doesn't get a Christmas card this year.

Button21

Thanks for your replies! I really appreciate you taking the time to reply.

Both houses are ex-council bungalows and had a small old fence on the boundary which is approx 50 years old! Delapidated and falling to bits!

I have thought about approaching him again and giving him 3 options...

1. a reduced goodwill gesture payment
2. pay in installments over 18months as I said yesterday
3. payment at an agreed later date

We have discussed the issue of a new fence several times over the past year, and he always agreed to contribute, only to back out on the very day work commenced!!

He is elderly and retired and because my husband is fit and able, we always said he would do all the labour and source the materials.

The £350 is a very neighbourly price which we agreed! It would have cost a fortune had we got a fencing contractor to do the work!

So we in effect, are replacing his boundary fence at our expense!! :mad::mad:

Fire_Fox

Yes but who does the boundary fence belong to, what do your deeds say?

jennifernil

Generally speaking, up here, if the fence is on the actual boundary then the responsibility for upkeep is shared. However, you do need to read what it says in your title, as other conditions may apply, especially in the case of older properties.

pimento

Perhaps he really can't afford it.

Is it a six foot fence? Erect it anyway secure in the knowledge that you won't have to look at him again.

withabix

If they are ex-council properties, it will probably be a shared boundary (ie there will be no T symbols on the title plans)

fimonkey

If the boundary is shared, and you have paid for all materials and work does that makes it 'your' fence?

Just asking because if the fence completely belongs to you then paint the side that faces your neighbour a whole mish mash of disgusting colours! .. Its not his fence, he didn't pay for it so what can he do about it? Other than erect his own fence which he apparently can't afford...

Or put the fence just inside your boundary line and again paint it in the most horrid way, I'm sure a few local kids would help out if you supply the paint.