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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  • ronangelronangel Forumite
    124 Posts
    Lychee wrote: »
    There's no reason for you to contribute other than having some control over the fence or it needs replacing anyway and you could pay half towards the cost of a 'normal' fence. Your neighbour should be considering as well their relationship with you.

    The fence in my garden fell down 4 months ago. 5 years ago, my neighbour said to me it's his fence (which he put up himself), and I therefore agreed to pay for the fence on the other side that had fallen down as I accepted at least one side would be mine! 5 years later, this fence (that is his!) falls down, said neighbour gives the wood away (for burning) and then tells me that after speaking to several people he believes he is not actually responsible for that fence and is expecting me to replace it - fully knowing that I had paid for the other side of my garden 5 years ago. He clearly isn't bothered about having a good relationship with me. I politely said no, I've paid for the other side based on him claiming it was his fence, and so there is now a big hole between the two gardens. Unfortunately his children are now often out playing in the garden with their friends and they all happily trespass into my garden. My deeds do not specify who is responsible

    Yes it's good to get on with your neighbours, but how annoying is it that your neighbour isn't bothered and you're the one having to be 'flexible'

    When a new wooden fence is put up, how long would you expect it to last before it'd need replacing?

    chicken wire over the hole should do it to prevent children coming through, if they still do put two layers with 2 feet between and cattle electric fence notice on nearest to you. ( just notice should do it...(grin))
    The richard montgomery matter

  • georgemcghiegeorgemcghie Forumite
    25 Posts
    Part of the Furniture 10 Posts Combo Breaker
    No you should not pay for the fence. I had exactly the same problem in my last house as I wanted to contain my dogs and the builders 1 metre ranch fence was not suitable. One Neighbour was happy to share and the other was not, so I had to pay.

    Another neighbour I was friendly with had the same problem but was in disagreement with the property at the rear of his garden about replacing 1 metre fence so he decided that he would put up a 6 foot fence tight against the boundary fence. He then informed his his neighbour that under no circumstances could he remove the boundary fence or paint or attach anything to the new fence in his land. The guy was not happy as he had bought the paint in his chosen colour in anticipation, but hey ho!

    George Mc
  • georgemcghiegeorgemcghie Forumite
    25 Posts
    Part of the Furniture 10 Posts Combo Breaker
    I this guy has replaced a boundary fence then it is still a boundary fence shared with you. I'd paint it taking care not do any damage to his side. Tell him first though - If he doesnt like that tell his to move the fence back inside his own boundary, he cant have it both waysz.

    George Mc

    PS I am not a lawyer and Scots law may differ but the world is full of plonkers who get themselves wound up with trivia! Invite you neighbour to calm himself down to a panic. Its bad for his health.
  • AndroclesAndrocles Forumite
    77 Posts
    The other issue you need to consider is that if it is a shared fence, then even if he does put in a higher fence, with or without your permission or contribution, you will still be liable if anything happens to it, such as it being blown down or wrecked by a falling tree, and a bigger fence will be more expensive.

    The problem is that if you want security or privacy and your neighbour refuses to do anything, you inevitably get dragged in to either persuade them or contributing. We have a fence at the bottom of our garden which was totally derelict and belonged to the neighbour. I took us years to get him to repair it! On the side of the garden , we gave up and replaced our neighbour'f broken fence panels at our own expense - daft I know, but we did not want the problems with yet another derelict fence.

    A.
  • wend33wend33 Forumite
    59 Posts
    Part of the Furniture 10 Posts Photogenic Combo Breaker
    alfacat wrote: »
    A shared fence would be very unusual, but in my capacity as a commercial surveyor (residential can be quite different!) and so far as my memory serves from uni, the fence on the boundary to the left of your property (looking at it from the front) is the one you are responsible for.
    If I had a pound for every time I'd heard that old wives tale whilst taking enquiries at the Land Registry I'd be ultra rich! There is no golden rule and the 'deeds' don't always state the responsibility for boundaries - some are joint, some are not, some are a mystery. Just try to agree with your neighbours and don't start a war (and don't ring us!)
    ;)wend
  • FroggittFroggitt Forumite
    5.9K Posts
    I havent looked at our deeds since we moved in 14 years ago so have no idea who owns the fence with our neighbour. However when it fell down, we both shared the cost of replacement......he is also handier than me so did most of the fixing.

    Our other neighbour resubmitted a planning application that we hadnt discussed or agreed and we fell out with them as a result.

    IMHO no matter who owns it, come to an agreed resolution.....I like the trellis idea.
    illegitimi non carborundum
  • FroggittFroggitt Forumite
    5.9K Posts
    Hi will put my two pennyworth on this thread quite a few years ago i decided that i would like to put a new fence up on the right hand side of my garden which was classed as my neighbours fence and asked if they would be prepared to contribute.
    To which they said no they would not contribute.
    Because I wanted the fence I went ahead and put it up bearing all the expence myself.
    Within a couple of weeks the son in law took the old fence down which i had left in place,therefore gaining the extra inches for themselves.And a brand new fence.
    Take a panel down and leave it propped against your house for a few weeks. See if they like that :)
    illegitimi non carborundum
  • qwertykeys92qwertykeys92 Forumite
    109 Posts
    My family have always shared the costs equally with both our neighbours - then it comes to the same as buying one side all by yourself, plus you have equal control over what type of fence you get, how high and what colour.

    If you didn't want to split the cost evenly - because you won't benefit from the new fence as much as your neighbour - you could always say you'll contribute 20% of the price, then you still get some control over what's chosen and you don't appear mingy so your neighbourly relationship is still maintained.
  • pineapplepineapple Forumite
    6.9K Posts
    Part of the Furniture 1,000 Posts Name Dropper
    ✭✭✭✭
    If you don't want a higher fence (think of maintenance and possible shade issues) just say no. If they want it and you don't - they can't make you contribute.
    I had a problem with my neighbours higher level garden tumbling onto my side and he refused to go half (stingy git) so I ended up forking out on a retaining wall and a fence.
    Unfortunately that's the way it often works out on these issues.
  • if they want it higher and there is nothing wrong with the other then they should pay, it is for there benifit
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