New house and new shared fence

Davren009

Forgive me for this long and maybe complicated post but I’ll try my best to explain my current situation.

We recently purchased a new build home. The neighbours to the left had already put up the fencing and let the good side face them. The the common trend in the whole street is everyones garden has the posts showing to the left and the good side to the right.

There was only a small boundary fence between us and the neighbours to the right. After discussion we agreed to go half on getting a proper fence put up. At the time of discussion the neighbour said she knew someone who she trusts if i didnt have any objections. I was told he was on holiday and would return come price the job up and id get to have a look at the quote. I was fine with them using a person they trusted i just asked that we’d be there on the day as we were going to turf the garden and wanted to make sure the posts werent going to damage the turf and that the fence would follow the pattern the rest of the street has followed.

After speaking with the neighbour she informed me that her guy was looking to coming out next week and she d let me know the details of what was happening. All is good.

Yesterday afternoon there was a note threw my door saying she found someone else to do the fence and they d be coming the next day to do the fence and if i could have the money ready and i thought nothing of it. An hour or so later theres a knock on the door and its the fencer asking for access to my garden to finish the fence off. We look in the back and the although the posts are in the boundary line the horizontal beams had been swapped over to her side and now we have posts both to the left and right in our garden.

I pulled her on this to which she says shes happy with the work.... obviously now having 2 good side fences either side of her garden and if i have a problem I should go to the person who installed the fence. She said if i didnt like it she can tear the fence down and im free to do what i want with it. Again i argued the work carried out isnt what i wanted nor did she consult me with the fence and i dont see why after spending so much on my first house my wishes were ignored. Anyways after abit back and firth arguing she said she Likes the fence and if we dont want to pay then we dont have to and sarcistically said consider it a moving present... and it was left as that.

Today i asked the fencer and he said he was unaware it was a joint job. He said usually if someone pays him for the full job he gives the, benefit of doubt and just gives them good side of the fence. To which he even said if we werent happy then we shouldnt pay her. Obviously hes got his 400 quid he doesnt care but apologised anyways.

Half an hour later the next door neighbour knocks on the door asking have we thought about what we re doing with the fence and if we were going to pay her half. A little taken back by the request she continued saying shes paid 400, doesnt work because she is ill and has a tumour and now needs to do a food shop. She then asked again if we wanted her to tear down the fence and we can do what we want. I tried to put across nicely saying that wasnt the job we agreed and i wanted the nice side of the fence aswell. I asked if i get pricing to finish the fence how i wanted it id go half on the total bill so everyone was happy with how their garden looked.

She flat out refused she was paying anymore amd if we wanted to do that its her fence we have to pay half and then we can to do what ever we want with it. As i was standing with the fencer trying to get an estimate the neighbour continues to say loudly in the street we are trying to pull a fast one and telling the fencer to make sure he gets our money upfront. After all settled down i received a hand written note threw the door from the neighbour saying legally the fence is hers and we are not allowed to touch it etc etc however we are free to build our own fence in our own boundary as long as it doesnt touch hers.

Now i dunno if im being unreasonable and at 30 years old should i be so stubborn and bothered about a fence? Am i just unlucky to land next to a nightmare of a neighbour? Part of me is like pay her half and do the smooth side. But after the way she come to my door this afternoon i dont want anything to do with her or have to liase with her. I feel she was selfish in only caring about her own wants and just wanted money from us regardless of how happy we were with a job we gave no permission to go ahead.

Just wondering on other peoples views or similiar stories or legally where everything stands.

Aylesbury_Duck

I'd leave it. As things stand you have a brand new fence you haven't paid anything for. Why would you want to change that? "Good" and "bad" sides of fences are overrated. I had a fence done and my neighbour asked if he could have the "good" side and I was happy to oblige. I find the combination of posts and cross rails (when done properly) is visually much more interesting than a lengthy span of lapped panels, which look thoroughly dull. It also means I have posts and rails I can attach things to and grow things up (although that option isn't open to you because you don't own it).

Your neighbour is correct: You cannot touch her fence but if you want your own "good-side" fencing, you can erect it inside the boundary.

scd3scd4

If the good side is so important to her. Why is she asking for half??


How about a 1/3 or 1/4. She would get nothing from me.

-taff

Why not ask the fencer to add rails and edging to your side and pay him to do it? then you both get the nice side.
And give her a quarter...

Davesnave

There is no 'good' side to a fence. If you have the posts and rails on your side, it's easier to attach plants, trellis etc to it.


Of course, if it's your neighbour's fence, you need permission to do that.

warby68

I'd try giving it a week to calm down and go back and ask her for permission to add to the fence to give you a good side as well in return for which you will give her enough so you have each paid half of the total cost. If it costs an extra £200 you will give her £100 so you've both paid £300.

Try and turn it into a misunderstanding that got out of hand and, even though she originally said no to this in the heat of the moment, show that there is some advantage to her as well - a neater single fence and some cash - compared to your other choice of a second fence which will make a nuisance gap in between and make access for maintenance difficult for both of you.

I can see why you feel done over but can equally see why if she didn't specifically grasp what you wanted and the fencer just did his 'standard' thing she feels hard done by as well especially having organised the work . Then the argument got a bit silly and territorial. In the interests of longer term relations with neighbours, if you can compromise to get to some form of win/win that's usually better.

She may say no all the way but in a calmer moment may see £100 and a neater border as worthwhile.

PS I quite liked the 'bad side' too when we had one - with things growing and baskets hanging it was a bit more interesting than the flat one. So the week gives you time to consider this as well

Ant555

Davesnave wrote: »

it's easier to attach plants, trellis etc to it.
Of course, if it's your neighbour's fence, you need permission to do that.

That is exactly the problem moving forward - the neighbour paid for the fence so its hers and I bet any money that the moment anything of the OP's touches the fence, ANYTIME in the next 5-10 years, she will be on it in a flash siting all sorts of laws.

I would seriously consider how this will pan out and see if there is a middle way to be found.

- from someone with a good set of neighbours and also part owner of a 'bad side' of a fence that has really nice coloured climbers running up a net on it in the summer.


Hope this helps

a.turner

So her garden is easier to climb into from both sides.

Davesnave

Ant555 wrote: »

That is exactly the problem moving forward - the neighbour paid for the fence so its hers and I bet any money that the moment anything of the OP's touches the fence, ANYTIME in the next 5-10 years, she will be on it in a flash citing all sorts of laws.

I would seriously consider how this will pan out and see if there is a middle way to be found.

That's what I was suggesting. Didn't think I needed to spell it out. Middle way is always best.

littleboo

As mentioned in previous posts, which side is ‘good’ is debatable, I like the look of the rails and certainly if your garden meets a public space, having the rails facing out makes it much easier for someone to climb in.

Aylesbury_Duck

Maybe OP should drop the neighbour a lovely note thanking her for erecting the fence and saying that on reflection, he much prefers the fence as it is so he won't ask her to have it re-done.