Fence dispute

flamm

Hi,
In the winter our jointly owned fence blew down. We were not living in the property at the time as it is going though repossession (almost there now). As we owned it at the time of the damage I guess we are legally obliged to pay for half the repair. The neighbour went ahead and got it fixed with out showing me the quotes first and then asked for half the money. He threatened legal action if we did not pay. I then asked to see the quotes and he then change the amount that he first asked. We are unhappy with they way he has gone about things but accept that we have to pay. We cannot afford to pay in one lump sum so I sent part payment. He will not accept this and come back with he is not in a position to offer us an interest free loan ( we did not ask for one) but he is happy to take items from the house in way of payment. Even if I agreed with this, which I don't, we don't even have the keys - the bank does. He is threatening legal action again. I have gone back with the best we can do which is to pay over 5 months the amount. It is all we can afford. Can he take legal action? Where do we stand?
Any advice much appreciated.

pimento

No agreement in advance? Hm. I doubt he has a hope in hell of getting any money. tell him to send the bill to the bank.

Vectis

A jointly owned fence?

I'd first be looking at whose boundary it is and whose fence the land is on.

Is there a legal agreement between you and your neighbour for maintaining and replacing the fence?

Are you still required to maintain the property or is it now up to the mortgage company?

Mojisola

pimento wrote: »

No agreement in advance?

The whole point of a jointly owned fence is that both owners have to agree to changes - not that one can make changes and then invoice the other.

If he didn't discuss it with you in advance and get your agreement, he can whistle for his money.

maninthestreet

So the property is being re-possessed by the mortgage lender? Looks like it will be their problem soon...

Clive_Woody

He has very little chance of successful legal action. He should have approached you in advance of the work being done and both parties should have agreed to costs. His mistake, he pays.

uk_messer

I understood that no one was legally required to repair their fence unless those residing had pets.

force_ten

tell him you will see him in court

he has gone about it all wrong and will have no chance of getting a ruling in his favour

if he wanted you to pay half he should have come to you with the quotes and agreed to the payment split before going ahead with the work, the fact that he dropped the price when you asked to see the quotes shows that he is trying it on

if you still want to pay which i wouldnt then ask to see the final invoice before you pay a single penny, if he want show you the invoice then do not pay anything

cyclonebri1

A good point raised earlier about a joint responsibility fence???
I doubt it.
And as said above, if he didn't ask 1st he can't now insist on his figures, BUT, no way do I agree with the comments of making him whistle for the money.

The OP seemed to agree in principle to footing 1/2 the bill? so why would they now expect not to pay unless they are in dispute over actual responsibility, which they don't seem to be.

Me?, I would get quotes for the work, go with the lowest and pay him 1/2 that.
It's fair and in the name of good neighbourly relations, although I fear yet agin it may have gone past that stage.:(:(

missprice

flamm wrote: »

We were not living in the property at the time as it is going though repossession (almost there now).

cyclonebri1 wrote: »

It's fair and in the name of good neighbourly relations, although I fear yet agin it may have gone past that stage.:(:(

The house is being reposessed, no neighborly relations to keep up.

cyclonebri1

missprice wrote: »

The house is being reposessed, no neighborly relations to keep up.

I did possibly misread this, I didn't see the bit about the bank having the keys and assumed (wrongly that the OP was "repo-ing " it back from bad tenants or similar. I couldn't/can't see why anyone losing their home would be concerned with a fence issue.

The advice still stands though for anyone in a less dire situation.

The house is now the banks, they surely have the liability as you didn't authorise repairs, let them sort out if it actually is shared, either way I doubt your"ex" neighbour will get much joy from them which is probably why they are trying bully tactics with the OP?