Neighbour won't acknowledge fence repair

MrsGSR

One of the fence panels between ours and our semi detached neighbours house has been dodgy for a while. We keep a attempting to fix it back up again but then when we have some bad weather and it comes down again. It needs replacing but our neighbour barely acknowledges that he might need to play some part in this. A bush in his garden is contributing to pushing the panel down too do this needs sorting out.
We've also noticed a panel on the other side of his garden is down again too. I'm not sure what we can do about this as he doesn't seem to take any responsibilty in caring for his property (he's been here 3 years and never mowed the lawn) and when I have taken in a parcel for him and gone round to deliver it IVe noticed there is rubbish strewn down the hall way:eek:
We are more than happy to pay towards and install a new panel as we have done in the past but we dont see why we should always foot the whole of the bill for it because he can't appear yo be bothered.
Any advice?

Ozzuk

I'm pretty sure if you want a solid fence between you then your only right is to install one on your side of the boundary. There could be any number of reasons he doesn't want to do it, lack of funds, lack of time, lack of caring. He doesn't need to secure it, unless he has animals that are causing a nuisance.

Gordon_Hose

He doesn't have to fix it. If you need it fixing then fix it, but it then becomes your responsibility.

jhs14

The entire situation hinges around one fact:

Who's fence is it?

You seem to assume you both have responsibility for the fence, that's probably not the case.

27col

It doesn't matter in the slightest who fence it is. Nobody is under any compulsion to fix it. If you need a solid fence between you, then it is up to you to repair it. It's obviously bothering you a lot more than it is bothering him..
In my experience sharing fencing costs is the way to go. But if he's not interested then there is nothing you can do apart from repairing it yourself.

timbo58

I am afraid that ozuk and 27col are spot on. Fences should be regarded as the responsibility of whoever cares the most about replacing them.

It is not as many people will tell you - 'your responsibility to the right and next doors to the left' that's an urban myth.
You might be able to find plans from the original built with a 'T' on them marking whose boundary responsibility it is, but in reality this means nothing at all.

flashg67

Are they standard 'larch lap' panels? My socal fencing firms do them for about £20 so probably not worth falling out about a tenner.

I'm surrounded by 4 neighbours - I got agreement from 3 to cover half to re-fence and bought the panels - the 4th neighbour didn't argue too much after that,
Worth asking once, nicely if your neighbour will pay, but if not, buy one and move on to more enjoyable things!

jhs14

27col wrote: »

It doesn't matter in the slightest who fence it is. Nobody is under any compulsion to fix it. If you need a solid fence between you, then it is up to you to repair it. It's obviously bothering you a lot more than it is bothering him..
In my experience sharing fencing costs is the way to go. But if he's not interested then there is nothing you can do apart from repairing yourself.

Of course it matters who's fence it is - if it's the OPs, then she shouldn't expect the neighbour to help pay for it. If it's the neighbours, then the OP shouldn't be repairing it in the first place.

Of course as you say, practically it comes down to who is most bothered by the issue.

MrsGSR

jhs14 wrote: »

The entire situation hinges around one fact:

Who's fence is it?

You seem to assume you both have responsibility for the fence, that's probably not the case.

To be perfectly honest I don't know, I don't think that applies anymore does it?

MrsGSR

timbo58 wrote: »

I am afraid that ozuk and 27col are spot on. Fences should be regarded as the responsibility of whoever cares the most about replacing them.

It is not as many people will tell you - 'your responsibility to the right and next doors to the left' that's an urban myth.
You might be able to find plans from the original built with a 'T' on them marking whose boundary responsibility it is, but in reality this means nothing at all.

Yes that's what I thought. Our other side only got replaced because our neighbours that side are renting and their landlord wanted it done.

flashg67 wrote: »

Are they standard 'larch lap' panels? My socal fencing firms do them for about £20 so probably not worth falling out about a tenner.

I'm surrounded by 4 neighbours - I got agreement from 3 to cover half to re-fence and bought the panels - the 4th neighbour didn't argue too much after that,
Worth asking once, nicely if your neighbour will pay, but if not, buy one and move on to more enjoyable things!

Yeah standard panels that slide in. That's fine we are happy to buy one if it comes up that but we can't put a new one up unless the tree on his side is sorted as that is pushing it down!

jhs14 wrote: »

Of course it matters who's fence it is - if it's the OPs, then she shouldn't expect the neighbour to help pay for it. If it's the neighbours, then the OP shouldn't be repairing it in the first place.

Of course as you say, practically it comes down to who is most bothered by the issue.

I guess I'm more bothered, but it annoys me how he just doesn't care about his property at all, why buy a 3 bedroom house with large garden if you are only going to live in one room of it? But hey that's not my business!

Mojisola

MrsGSR wrote: »

Yeah standard panels that slide in. That's fine we are happy to buy one if it comes up that but we can't put a new one up unless the tree on his side is sorted as that is pushing it down!

You are allowed to cut back anything that grows across the boundary.

Take out the damaged panel, cut back his tree to the boundary and slide the new panel in.

You are supposed to ask the neighbours if they want the prunings back - if they don't, you have to dispose of them.