Moving house in 10 days and having fence dispute

Allsaints

I'd be grateful for any advice. We sold our house and exchanged contracts a week ago. We are moving in 12 days or less. The day before we exchanged contracts our boundary fence blew down in high winds . We initially said we didn't want to do anything about it (curt neighbour caught me at a bad time) but my husband offered to try and repair it with the neighbour. The next day the neighbour took it all down without further discussion and in passing to my husband said he would deal with it. Now last night, they posted a note in our door saying they want 50/50 contribution from us or the new owners towards new fence. They state they cannot get the fence replaced before November and we won't even be there to see it or benefit from it. Our title deeds do not show a "T" or "H" boundary responsibility but a written section (dated 1954) states "divsional walls and fences are shared" although our solicitor tells me such stipulations are not necessarily passed to the next owner. The fence, I was told ages ago by the neighbours, was paid for by them 6 years ago, but now in the note they've sent they say they shared costs with the previous owner of our house 15 years ago. The fence itself was on what I would call their side - it was sited slightly lower as our garden is slightly elevated and the structural posts faced their side. In any other circumstances we would split the cost (we actually paid the full amount for a new fence between us and our other neighbour last year without hesitation), but I think given questionable ownership it is highly unfair given we are moving in mere days. Do I have any right to pass this issue to the new owner, or split our share with the new owner? Our conveyancing solicitor said the house must be handed to the new owner as it was on the day we exchanged contracts and the fence actually blew down literally the day before! Any advice would be appreciated. Thank you

pimento

How would you feel if you got to your new house and the garden fence was missing and the next door neighbour was giving you the hairy eyeball?

Pay for the fence.

Grezz24

I wouldn't contribute anything to it if i was buying the house. If i saw a fence there when i went to view, and signed my contact on the basis a fence is there then id expect you to foot the cost of any damage that happened.

Red-Squirrel_2

You’ve exchanged, so you have to deliver the house in the same condition a5 completion as it was on the day of exchange.

That means it needs a fence, albeit one in need of repair!

Your neighbour does sound like an !!!! and shouldn’t have done what they’ve done, but you’re a bit stuck.

Comms69

Who owned the fence?

Your deed won’t tell you that and I wouldn’t pay a penny.

Comms69

Red-Squirrel wrote: »

You’ve exchanged, so you have to deliver the house in the same condition a5 completion as it was on the day of exchange.

That means it needs a fence.

Your neighbour does sound like an !!!! but you’re a bit stuck.

Not necessarily. If the op didn’t own the fence it’s not included in the sale

Red-Squirrel_2

Comms69 wrote: »

Not necessarily. If the op didn’t own the fence it’s not included in the sale

Good point, tricky one.

Mojisola

Allsaints wrote: »

Now last night, they posted a note in our door saying they want 50/50 contribution from us or the new owners towards new fence.

They state they cannot get the fence replaced before November

I would be reluctant to hand over money when the fence isn't going to be replaced for some time.

Also, if the costs are being shared, so should the decisions about what kind of fence and what height is chosen.

Could you come to an agreement with your buyers for them to make the arrangements with the neighbours and you will pay half (up to a sensible amount) when the fence goes in? You could lodge a lump sum with your solicitors to cover the costs so that they can be confident that you will pay.

stripeyfox

Where else can you get advice on fence disputes and get in touch with a hacker on the same thread!

Cakeguts

Allsaints wrote: »

I'd be grateful for any advice. We sold our house and exchanged contracts a week ago. We are moving in 12 days or less. The day before we exchanged contracts our boundary fence blew down in high winds . We initially said we didn't want to do anything about it (curt neighbour caught me at a bad time) but my husband offered to try and repair it with the neighbour. The next day the neighbour took it all down without further discussion and in passing to my husband said he would deal with it. Now last night, they posted a note in our door saying they want 50/50 contribution from us or the new owners towards new fence. They state they cannot get the fence replaced before November and we won't even be there to see it or benefit from it. Our title deeds do not show a "T" or "H" boundary responsibility but a written section (dated 1954) states "divsional walls and fences are shared" although our solicitor tells me such stipulations are not necessarily passed to the next owner. The fence, I was told ages ago by the neighbours, was paid for by them 6 years ago, but now in the note they've sent they say they shared costs with the previous owner of our house 15 years ago. The fence itself was on what I would call their side - it was sited slightly lower as our garden is slightly elevated and the structural posts faced their side. In any other circumstances we would split the cost (we actually paid the full amount for a new fence between us and our other neighbour last year without hesitation), but I think given questionable ownership it is highly unfair given we are moving in mere days. Do I have any right to pass this issue to the new owner, or split our share with the new owner? Our conveyancing solicitor said the house must be handed to the new owner as it was on the day we exchanged contracts and the fence actually blew down literally the day before! Any advice would be appreciated. Thank you

I pity your new neighbours where you are moving to.


Fences are often shared between neighbours. I cannot imagine what you are thinking by not wanting to contribute half of the cost of a fence with your old neighbour? This is half of the cost not even the whole cost.



The fact that you paid for the whole new fence on one side without even questioning it is down to you. You can't take this mistake out on the neighbour on the other side.


I can't understand why people will only pay for something if they themselves benefit from it. People who give money to charity don't get any actual benefit themselves from it but they still give it. I find the attitude that you won't get benefit from half the cost of a new fence very difficult to deal with as a reason for not contributing. I would hate to be the person buying your house.

moneyistooshorttomention

The new owner saw the fence/bought the house with the fence intact (regardless of who actually owns it).

If I were the new owner - I would expect a decent fence still to be there and there would be ructions if the vendor (ie OP) expected me to pay anything towards it.

Whoever else the cost falls to - it does NOT fall to the new owner.