Real-life MMD: Should I pay for my neighbour's plants?

Talent

Get it in writing from your neighbour and present it to the fencing company. It's the least you can do. You should have discussed the proposed work with your neighbour. Even if you wasn't on speaking terms it should have been put in writing and popped in their letterbox, however, nothing beats face to face. The fencing company should have also discussed the job with your neighbour before starting any work that possibly involved entering their property. Your move.

pippinpuss

As you look down your garden from your house the fence on your right is your fence & you alone are responsible for that. Your neighbours the one on their right etc. It is only polite though to let them know that the fence is being replaced so they have time to cover, remove tender or old plants.

Why didn't she mention at the time the plants were missing/destroyed? I wouldn't give cash but a voucher towards replacement.

It would be interesting if she could show you photo's of the area to show what plants are missing. I have loads of pics of my garden that I could show anyone if necessary as I have probs with a neighbour cutting down my trees.

Robothell

I would apologise for her inconvenience and refer her on to the people who put the fence up. If they say they didn't do it but she can prove that they did then it's up to them to replace anything they have damaged or removed. Presumably they will have some form of insurance for such events.

Fionainhampshire

Really sorry - but the above is incorrect.(i.e the assumption you own the fence on your right). The only way to definitely check who owns what fence/boundary is to check your house deeds (can be done on line for a small cost at Land Registry and they may well show a T sign to show who is responsible). Just for the record whoever pays for the fence is perfectly entitled to have the good side facing their garden. To have good neighbours is so important so in your position regardless of who was to blame, I would be replacing the plants.

moneyistooshorttomention

pippinpuss wrote: »

As you look down your garden from your house the fence on your right is your fence & you alone are responsible for that. Your neighbours the one on their right etc. .

Not necessarily. This may vary in different roads. I know that, as I look down my back garden (yard) that the wall on the left is the one I own and the one on my right is owned by the neighbour on the right.

My parents, on the other hand, own their right-hand garden wall as they look down their back garden and their neighbour to the left owns their left-hand wall.

Mojisola

pippinpuss wrote: »

As you look down your garden from your house the fence on your right is your fence & you alone are responsible for that. Your neighbours the one on their right etc.

Nonsense!

The fences to our left and at the bottom is ours to maintain.

My friend doesn't have responsibility for any of hers.

On my Dad's deeds, he is responsible for all three boundaries.

It's also not as uncommon as people think that boundaries are classed as "shared" which means that both neighbours have to agree to changes to the fences and contribute equality. If one doesn't want to make changes, the other person shouldn't alter anything.

anovis

I have been thru a similar situation & won't advice because there is no right answer but would like to share my experience.

I was in more or less the same situation concerning my garden fence about 10-yrs ago and decided to just keep my mouth shut and pay up even though I knew for sure it was not my or my builder's fault. This was about 10-yrs ago and still have the same neighbours.

I now bitterly regret that decision because since then they have never stopped throwing their weight about and it's always been me that has to give in. So a couple of years ago they went just a little bit too far and I decided to (belatedly) draw the proverbial line in the sand. We had a massive argument couple of times and haven't spoken to each other since. I started the trend of writing letters to them if I ABSOLUTELY had to inform them about something. This has forced them to have to write to me.

Things are really tense now but we don't speak which is great because all the complaining & whinning from them has had to stop - some things just look very silly in writing, don't they! But it weighs on my mind and this year I am seriously thinking about moving because of them. Other neighbours now know the situation and have started taking sides.

As a result of this experience I would say I don't know what the right answer is but you should think very carefully before giving in. Once you are in a situation like mine you very quickly discover that local authorities refuse to get involved & police won't because their is not any offence commited - basically unless you are the type who is capable of street fights & able to play dirty you will always loose from then on.

The fact that you are even asking for opinions in this forum says you are not a street fighter! Not much help I know.

Land_Registry

Fionainhampshire wrote: »

Really sorry - but the above is incorrect.(i.e the assumption you own the fence on your right). The only way to definitely check who owns what fence/boundary is to check your house deeds (can be done on line for a small cost at Land Registry and they may well show a T sign to show who is responsible). Just for the record whoever pays for the fence is perfectly entitled to have the good side facing their garden. To have good neighbours is so important so in your position regardless of who was to blame, I would be replacing the plants.

Fionainhampshire has made a valid point re boundaries and you may like to have a read of our online FAQs and guide around the issues of boundaries.

The original post was whether you should pay towards the cost of their plants of course which is a separate matter. But as moneyistoshorttomention posted re boundary ownership it seems prudent to add mention of our guidance.

If you feel inclined to check what information is registered for either property then you can use our online service as explained in the FAQs/guidance. But please do read all of the guidance first as it is important to understand that there may in fact be no information available.

Cabbagewhite

Firstly, I'd like to clarify the jointly owned fence part. Whilst not common, it certainly does exist as the all of the fences on the estate where my Mum lives are jointly owned. A few years ago one neighbour wanted to replace the fence, they went halves on the material costs and he put the fence up. Otherwise my husband would have done the work. Recently a new neighbour wanted to replace a different fence. There was nothing wrong with the fence, but they were having extensive work done, including demolition and re-building of a garage. The removal of the fence made it much easier for this work to take place. So it was for their benefit only. My Mum did not pay anything, nor do I think she should have. The original fence was fine and the cost of the new fence was a tiny amount of the total cost of work they had done. We spoke to the neighbours at the planning stage as we wanted to make sure they knew the garage roof contained asbestos (which they didn't and nor did their builders). They saw paying for the fence as the least they could do for the weeks of inconvenience, noise and dust my Mum had to put up with.

Just because it is jointly owned, does not mean both neighbours have to pay for a replacement. Regardless of what covenants are in the deeds, most are unenforceable and those that are enforceable would cost £1000's to go through the courts (exception being any relating to church/church land - do not touch with a barge pole).

You chose to have a new fence. Your contractors almost certainly cleared any greenery in the way - regardless of what they say. I would say you need to 'make good'. She may have photos showing the plants in question. I would buy replacements. She will be your neighbour for some while yet. It really is in your best interest to stay on good terms with them. Not least because if you fall out with them, you have to declare that when you sell up.

jules1970_2

No you shouldn't. For any & all of the following reasons;
It's a dispute with a 3rd party - provide her with the landscapers details & see if she wants to try it on with them,

Tell her you'll minus it off what she owes you for her half of the fence,

Would type more but in a rush. She clearly isn't worried about neighbourly relations. Why should you?