Real life MMD: Should we pay for the fence?

edited 10 May 2011 at 7:02PM in Money Saving Polls
86 replies 50.9K views
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  • I agree with most others on here that if the exisiting fence is fit for purpose and doesn't need repairing then tell them that you are perfectly happy with it as it is.

    By the same token, if it is a shared boundary, you have the right to refuse to let them take the exisiting fence down as half of it is yours. If they then decide that they still want to put the new fence up, then insist that they leave the current fence in situ and put the new one on their land at their side of the fence.

    As others have said, it all depends on how amicable you wish to be but it is unreasonable of them to expect you to pay for something that that you don't need.
  • JayDJayD Forumite
    610 Posts
    Part of the Furniture 500 Posts Combo Breaker
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    JoannaS wrote: »
    Hi there, sorry to hear about your problem....

    If I were you I would say to him that you contributed last time when it wasn't your responsibility to do so, so you won't be contributing again.

    If necessary, show him the deeds and if he won't replace the fence approach your local council for advice as to what you can do!

    The other option is you do such a bad job of 'fixing' the fence yourself he's forced to replace it to save himself from looking at the mess!

    Good luck and I hope it all works out ok!


    First, as far as I am aware, there is no legal requirement for homeowners or tenants to have fencing between their gardens - so I doubt the local council would be the sightest bit interested in offering advice.

    Second, if the neighbout is happy to live with a broken fence leaving a gaping hole between the gardens for 6 months, I doubt he will be in the least spurred on to replace a delibverate bodge job on it. He will probably be quite pleased that something has been done that didn't involve time, effort or expense on his part - and you will then be stuck with the atrocity you have created until another bit blows down!

    He is either, lazy and tight fisted or extremely busy and very broke - or any combination of these things. Either way, fence mending (in all its senses) is not his forte! In your position I would offer to get someone in to do a good job on the understanding that he will go halves for it. After all - you have to live with the end product too.
  • JoannaS_3JoannaS_3 Forumite
    103 Posts
    JayD wrote: »
    First, as far as I am aware, there is no legal requirement for homeowners or tenants to have fencing between their gardens - so I doubt the local council would be the sightest bit interested in offering advice.

    Second, if the neighbout is happy to live with a broken fence leaving a gaping hole between the gardens for 6 months, I doubt he will be in the least spurred on to replace a delibverate bodge job on it. He will probably be quite pleased that something has been done that didn't involve time, effort or expense on his part - and you will then be stuck with the atrocity you have created until another bit blows down!

    He is either, lazy and tight fisted or extremely busy and very broke - or any combination of these things. Either way, fence mending (in all its senses) is not his forte! In your position I would offer to get someone in to do a good job on the understanding that he will go halves for it. After all - you have to live with the end product too.

    Contacting the council was just a suggestion (no mention of legal requirement)...if they're not interested then they're not interested but worth a shot anyway I would have thought?! At the least they may be able to guide as to how to deal with the situation!

    Even better if he doesn't mind a bodge job....that means anything they do will be fine but keeps their garden enclosed! And if they do it themselves saves money...even though they shouldn't really have to!
    Debt owed £4000, Saved (to pay back) £300, only £3,700 to go!!

    My best money saving tip: Good manners cost NOTHING! So please be nice to each other! :happylove
  • filofaxfilofax Forumite
    1 Post
    Hello
    The fairest way to settle this is to pay half of the like for like replacement value and if your neighbours wish to do anything additional then they should foot the bill.
    Lindsay
  • TBagpussTBagpuss Forumite
    9.5K Posts
    Tenth Anniversary 1,000 Posts Name Dropper
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    CRANDO wrote: »
    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?

    So far as the damp in the bedroom is concerned you may be able to insist on her repairing this as it is causing 'nuisance' - It's possible that the same might apply to the damage to your fence but I think that would be a greyer area.

    You'd need to speak to a solicitor but generally speaking a land-owner has a responsibility not to do or permit anything which causes nuisnance to a neighbouring property. The damage/nuisance has to be reasonably forseeable or something which she has actual notice of, but if you've raised the issue with her that would seem to be covered.

    She may be covered under her home insurance (at least if she doesn't ignore you for too long) It's woprth checking whether you have access to legal support or advice under your own insurance, too.

    If not, I would think the first thing to do would be to contact her formally setting out the problem, that damage is being caused to your property caused by her property not being maintained properly, and requesting that she rectify it. ask for a substantive response in a specific time scale (maybe 14 days) and keep a copy of the letter so you have a record that you sent it.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • dave2dave2 Forumite
    263 Posts
    The deeds will specify who is responsible for paying, and under what circumstances. The latter is significant because there is already an existing fence which may be considered to meet the requirements of the deed - you may be responsible for paying half for a fence, but maybe not for replacing an existing one that is perfectly adequate.

    There is no dilemma of any kind of the deeds do specify you are responsible, that is simply that.

    If the deeds do not require you to pay, then contribute what you see fit in terms of balancing financial loss vs. relationship with neighbour.

    Otherwise the only "moral dilemma" is, for example, if the deeds say everyone is responsible for the left fence but not the right, what happened last time with the fence you were soley liable for? If that neighbour chipped in when they didn't have to I think it'd be nice for you do to likewise.
  • cabustycabusty Forumite
    9 Posts
    Tell them you dont mind a new fence but you cant afford to pay anything towards it,after all,times are hard
  • tallgirldtallgirld Forumite
    484 Posts
    Part of the Furniture
    ✭✭
    Nope. They want a new fence let them pay for it. Hopefully it wont look hideous!!
  • ronangelronangel Forumite
    124 Posts
    If you don’t get on with them build a wall the same height as the fence on your side. maybe a bit of electrified barbed wire on top,and lights that come on very bright if touched at night.(The prison camp siren included is a bit over the top with lights in residence area,might upset foxes...):eek:
    Of course if you want to speak to them for the next 25 years discuses design & cost sharing. I think the wall would be more fun but not so practical in the long run cost of electricity for flood lights & electrified wire taken into account.:)
    The richard montgomery matter

  • amalouamalou Forumite
    3 Posts
    Eighth Anniversary First Post Combo Breaker
    MoneySaving Newbie
    I work for the Land Registry and it's not uncommon for boundaries to be shared, it's also not uncommon for the title deeds to be silent about responsibility for boundaries. The deeds will not always specify who is responsible for paying as a poster above has suggested.

    If you don't want a new fence don't contribute, it's not as if you're talking about just a few £s here, having just had a new fence myself, I know that the cost can run into £100s!
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