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Shared responsibility fence query

derbyshirenick Posts: 39 Forumite

9 April 2015 at 9:57AM in House buying, renting & selling

Hi all very quick query. We recently moved into a new home and the fence between us and next door is shared responsibility.

They recently approached us to enquirer who was responsible for it. We informed them it was shared and so both we and they were 50% liable for upkeep and replacement.

The fence is in a "ok" condition and certainly not in need of immediate replacement (just some reinforcement / screwing down in places) however they were concerned because they have large dogs who jump up the fence and attempt to dig under it.

I am very reasonable (I try to look at these things as a third party would by not viewing things from a gut, emotional stand point) and I Know the fence needs replacing in the next 2-3 years. However, I cannot help but feel that it is a little disingenuous of them to push us for a replacement immediately given that it is their "unfair use" of the fence that has prompted the request.

It shouldn't escalate as I suspect they were only interested in pursuing the replacement when they had assumed that the fence was our responsibility. But I was just interested if anybody had any experience of this kind of situation?

Please note, its in no way aggressive, its all very civil but there is certainly an undercurrent of a bit of a poker game going on.

Comments

Cisco001 Posts: 4,190 Forumite

9 April 2015 at 10:00AM

Who own the fence?

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derbyshirenick Posts: 39 Forumite

9 April 2015 at 10:04AM

Ah I can see the confusion. When I say its shared I mean we jointly own it. The deeds deem it as a shared responsibility boundary. Neither of us could say who paid to put it up originally as it predates both of us living there.

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Doozergirl Posts: 34,082 Forumite

9 April 2015 at 10:04AM

It isn't the "fence" that is shared. It is the boundary. There is no requirement to maintain a fence, only to mark the boundaries.

The fence will belong to either or both of you, depending on who paid for the existing one.

If your neighbour wants a new fence now, they can install one on their side if the boundary. And you can install one on your side.

But for the sake if neighbourly relations, if it is clear that it needs replacing soon, why argue about it? There's only a poker game because you think there is.

Everything that is supposed to be in heaven is already here on earth.

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Gordon_Hose Posts: 6,259 Forumite

9 April 2015 at 10:09AM

If you want to replace the fence then replace it. It then becomes your responsibility and you won't have to worry about waiting on the neighbours to fix it if it ever gets blown down or breaks.

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derbyshirenick Posts: 39 Forumite

9 April 2015 at 10:20AM

That's interesting on the boundary. I had built up the misconception in my mind that the person responsible for the boundary was responsible for the fence.

I can understand your point about just doing it and part of me is tempted to just replace it and get it out of the way but...

There is the fact that the fence is in a satisfactory state for normal use.

You do make me feel like I am being unreasonable here but if say my children were trying to break out of the fencing I would accept that as my responsibility to take the actions required to stop that happening?

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G_M Posts: 51,977 Forumite

9 April 2015 at 10:26AM

?????

I thought it was them who approached you? So they want a new fence? OK - give them your consent to install their new fence on your shared boundary.

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derbyshirenick Posts: 39 Forumite

9 April 2015 at 10:36AM

G_M wrote: »

?????

I thought it was them who approached you? So they want a new fence? OK - give them your consent to install their new fence on your shared boundary.

This is indeed correct.

But as we have seen from above there needs to be a balance of keeping the peace but not allowing yourself to be taken for a ride.

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Gordon_Hose Posts: 6,259 Forumite

9 April 2015 at 11:39AM

If they approached you then just tell them to erect a fence at their leisure. After-all it's them that have the responsibility to keep their dogs from escaping and eating all the children in the neighbourhood.

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=13893

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derbyshirenick Posts: 39 Forumite

9 April 2015 at 11:54AM edited 9 April 2015 at 12:00PM

Cheers for that very interesting reading.

I have had a think and come to a conclusion.

I will at my leisure put up a tall and very robust fence (might be 2-3 years). The other two sides of the garden have "nice" fencing and I want to install something that is visually appealing and robust (do it once, do it right). You may think I am mad for doing this but I believe in saving and spending more upfront and then know bar some re-protecting I can forget about it for 20 years. I know next door will take the approach of the cheapest option available to them for reasons I wont go into as its irrelevant.

But I don't want to buy cheapo panels just to get the job done ASAP. I would rather wait until we are ready (slightly run down house that has much bigger problems to fix than an aging fence - trust me) So in the mean time will tell them they are more than welcome to make any modifications they need to so that they are confident their dogs are contained.

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sheramber Posts: 23,177 Forumite

9 April 2015 at 7:28PM

How will you feel about their large dogs jumping up your new fence?

Digging under it is entirely their responsibilty - some paving slabs along their side of the fence line will take care of that.

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