Who if anyone is responsible for fence repair?

dboswell

G_M wrote: »

Ownership.
The fence is owned by whoever paid for/erected it, or their successors (ie whoever bought the property).

Neither of us paid/erected it and from my own research neither of us can claim succession rights as it is unknown who in fact, who did erect/pay for it

Whatdo

I really know this subject from first principles but am a bit wide of the mark at the moment... in fat i am really miserable

dboswell

thelem wrote: »

Is he saying you should pay the full cost, or 50%?

Check if there is anything in the deeds of the house. If there's nothing there and the fence meets the house at any point is it clearly on one side of the boundary?

100% as he is saying I damaged it, which I deny. A 20 year old (neglected) fence and high winds dont mix

G_M

dboswell wrote: »

Neither of us paid/erected it and from my own research neither of us can claim succession rights as it is unknown who in fact, who did erect/pay for it

which is why it would make an interesting hearing in court - since he could not prove ownership.

Mind you, you might have to claim ownership yourself, in order to counter his claim! :T

Whatdo

one may not increase the burden on the legal owner by improving or otherwise alterining his/her property

acts of modificticion dop not proove ownership




..

dboswell

G_M wrote: »

which is why it would make an interesting hearing in court - since he could not prove ownership.

Mind you, you might have to claim ownership yourself, in order to counter his claim! :T

it would be sad if this got to court:(

Davesnave

dboswell wrote: »

it would be sad if this got to court:(

It won't. Just call his bluff by reiterating that you didn't damage it and you think the fence is fine. However, you have no objection to him replacing it at his own expense if he feels it's not up to his standards. Now, the matter is closed.

Ten to one he will see that this is going nowhere and back off, as any kind of legal action would probably cost more than the fence and certainly fail.

Neighbours of a certain type try things on to see how far they can get. If you were to give in this time, it would probably not be long before he tried to exert power over you in some other equally tedious way.

moneyistooshorttomention

dboswell wrote: »

am I correct in assuming that if its a party boundary, he has no right to force a change/cost on me and that it can only be done with agreement of both of us?

If it's a joint fence (ie that "party boundary" you refer to) then I would take it that legally both parties have to agree to do the fence BUT morally you are indeed due to pay 50% of the cost for any work on the fence and your neighbour is entitled to be aggrieved with you if you don't do so.

So - if you refuse to fulfil your responsibilities - then don't expect any help ever from the neighbour (that could mean any number of parcels delivery firms have attempted to leave with your neighbour getting returned to sender - because the neighbour has refused to accept them for instance).

Also - if indeed the fence has been neglected and it is jointly owned, then guess who did 50% of that "neglecting"? ...you..

It's not the answer you want - but I would say "pay up".

katsu

But the OP said earlier he repaired the fence. Why should he then have to pay for a new one?

jimjames

dboswell wrote: »

I have spoken to him and told him this, but he seems to see black and call it white. He is being very unreasonable and determined to change panels.

If he is determined to change the panels and wants to pay for them then if you are happy I'd let him do it