Who if anyone is responsible for fence repair?

Bufger

Personally if its in disrepair and will fail in high winds again and if its looking a bit tatty then i'd go for a 50-50 split of the costs and have it replaced. The timing would depend on your financial position but its not unreasonable to say that you cant afford to pay 50% at the moment so you should both wait a couple of months.

I have a neighbour that refuses to pay 50% although its his Ivy thats eaten the fence away and he never paints/protects it and I do it every summer. Some people are just rubbish in general but I believe in Karma

dboswell

katsu wrote: »

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

Yes. There were high winds in February 2012 and the fence blew down. At the time, the neighbour denied ownership and refused to fix it. That same week and for matters of security and privacy, I erected it and patched some holes damaged. It hasnt blew down or worsened since then.

Would such action give some ownership rights?

dboswell

Bufger wrote: »

Personally if its in disrepair and will fail in high winds again and if its looking a bit tatty then i'd go for a 50-50 split of the costs and have it replaced. The timing would depend on your financial position but its not unreasonable to say that you cant afford to pay 50% at the moment so you should both wait a couple of months.

I think its reasonable if I pay 50% should the fence fail, however, at present its standing proud and has done so for a year all through winter.

Interestingly, all this time he has denied ownership, but he must have googled owners rights (he is copying bits off the internet) as now he claims ownership and new rights.

Both of our properties have previous owners since this fence was erected.

sinbad182

moneyistooshorttomention wrote: »

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".

My God, how can one person post so much rubbish in every thread.

Sponge

dboswell wrote: »

I think its reasonable if I pay 50% should the fence fail, however, at present its standing proud and has done so for a year all through winter.

Interestingly, all this time he has denied ownership, but he must have googled owners rights (he is copying bits off the internet) as now he claims ownership and new rights.

Both of our properties have previous owners since this fence was erected.

Remind him of this. He can't have it both ways. He's already denied responsibility, causing you to take the time and spend the money to repair it last year.

If you think it's in reasonable repair, then tell him so and consider the matter closed.

If you think it's in reasonable condition, but could probably do with replacing (a stitch in time...), then maybe this is a good time to do so and split the cost?

G_M

moneyistooshorttomention wrote: »

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.
You may, indeed 'take it' - but a court would not!

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).
The OP's responsibilities are not established

Also - if indeed the fence has been neglected and it is jointly owned, then guess who did 50% of that "neglecting"? ...you..
True - IF it is jointly owned. Which is 99% certain to NOT be the case. It is owned by whoever erected it, or their successors in Title.

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

Stick to offering your moral judgements as your legal ones are totally misleading.

dboswell

Sponge wrote: »

Remind him of this. He can't have it both ways. He's already denied responsibility, causing you to take the time and spend the money to repair it last year.

If you think it's in reasonable repair, then tell him so and consider the matter closed.

If you think it's in reasonable condition, but could probably do with replacing (a stitch in time...), then maybe this is a good time to do so and split the cost?

thanks sponge. this afternoon, I told him that the fence is upright and in good condition and doing the job and that its a matter of taste. I went on to say that the fence is exactly as its been for 12-months so I didnt share his need to change it and couldnt afford it even if I wanted to.

he wasnt interested and unconstructive and mentioned that he will call the council and report the damage and get me to pay for it.

he then contacted me an hour later to say that the council are taking an interest and will write - no doubt on his slanted story

sinbad182

Absolutely nothing will come of this. Even if the council do write, there is nothing to worry about. He sounds like a joker and personally I think you're giving him too much thought.

Davesnave

dboswell wrote: »

he then contacted me an hour later to say that the council are taking an interest and will write - no doubt on his slanted story

I'm sorry but i don't understand what possible interest the council might have in this. Have I missed something?

G_M

Unless there is more to this than we know (borders a council playground etc) this is entirely a private civil matter between two private individuals. the council will not get involved.