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I paid for new Fence and neighbor refuses to pay

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  • Very true that we have no idea how long this fence is and whether there was even agreement between OP and neighbour as to the sort of quality to be done. When I contemplated whether to have a fence recently I could see there was a large difference in cost between the cheapest possible quality and the high quality one I would personally have wanted.

    Furts is correct re a judge would rule on what is a reasonable cost for something from what I've read.

    ...and..yep...Furts I've given a lot of thought as to how things "should" properly be done in these cases - being on the receiving end of neighbours who are doing everything totally the wrong way and having worked out how they "should" have done things. Hence knowing the basic way they should have put their request to me to share the cost of work they wanted done. "Over the garden wall" chats are just "over the garden wall" chats and in the same vein as chats about the weather in passing - ie an exchange of views and pleasantries and not a "proper consultation" with "minutes of the meeting" in the form of a written letter to other parties stating what you believe has been agreed between you (at which point the other parties have their chance to say whether they think the agreement is the same as the first person thinks/would like to say it is).
  • The discussions around what is and isn't a reasonable cost appears to be moot. In replacing the fence the OP has effectively taken ownership of it and from hereon in the fence belongs to them. In many cases where the responsibility for maintaining the boundary isn't marked on the deeds by the 'T' marks or defined in some other covenant neighbours will come together to repair/renew the boundary wall/fence as it is in both of their interests to do so but there is no specific obligation for them to do so. Sometimes during the conveyancing process the question will be asked about ownership/maintenance of the boundary wall/fence where the deeds do not state it; the seller should be honest when answering but if the wall/fence has never been repaired/renewed during their time at the property they may not have been able to answer it.

    A good neighbour will recognise that the upkeep of the boundary fence/wall is in both parties interest and will contribute but there isn't much you can do if they decide that they won't or can't contribute other than accept that you have done the work yourself to protect your own interests.

    I suppose if there was a written agreement to share costs before any works commenced there could be a claim in the courts but it doesn't appear to be the case in this instance.
  • wymondham
    wymondham Posts: 6,356 Forumite
    Part of the Furniture 1,000 Posts Photogenic Mortgage-free Glee!
    Remove the fence and rent some pigs/sheep and chickens, that will get them to pay up!
  • I'm glad I'm not your neighbour with that kind of attitude.
    What attitude?
    The op wanted a new fence because he has a small toddler. Why should the neighbour pay £600 for the privilege?

    FYI, I agreed with a neighbour some years ago to replace a fence and share the costs. I bought the materials and I replaced the fence, unfortunately my neighbour had a heart attack and passed away. His sister and her husband flogged the house in double quick time and walked away with the money. they knew about the arrangement, but never mentioned it and I certainly wasn't going to raise the matter.

    I always get on with my neighbours, would I want you living next to me . . .:rotfl:
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    wymondham wrote: »
    Remove the fence and rent some pigs/sheep and chickens, that will get them to pay up!

    The neighbour wouldn't be obliged to pay for a fence to keep the chickens, pigs, sheep or dogs in the next door garden - the OP would be.
  • pollypenny
    pollypenny Posts: 29,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sadly, OP, you are the one who needs a fence since you have a small child.

    I don't think your neighbour is likely to pay half, although a 'contribution' as suggested might work.

    Do you want to fall out with them?
    Member #14 of SKI-ers club

    Words, words, they're all we have to go by!.

    (Pity they are mangled by this autocorrect!)
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