Garden Fence - who pays?

jayu619

Hi All,
Need some advice relating to a garden fence which has fallen down due to the recent storms. My property is a terraced property, with neighboring properties on either side.
If looking out wards into the garden, the fence on the left is in question. Which is the one I should be maintaining (general rule). However, in Newham, East London, the title deeds under Restrictive Covenants mentions the following:

"At all times to contribute a fair share and proportion of and towards the cost and expenses of making cleansing repairing and securing all party and other walls fences sewers drains gutters watercourses and easements used or capable of being used in common by the occupiers of the premises hereby conveyed with the occupiers of the adjoining or neighbouring messuages or tenements or lands such share and proportion to be ascertained by the Surveyor for the time being of the Vendor".

This clearly means both properties have to towards the upkeep of the fence right? The neighbor in question is a rented out property and I managed to find the managing agent, spoke to them and apparently the landlord is only willing to pay only £200. Should that be the case?
I have sent the agent both properties title registers which clearly states the same.
Am I right to ask next door landlord to pay half? I have sent a few quotes from a builder friend and checkatrade quotes but the landlord is only willing to pay £200.
Any advice would be greatly appreciated.
Thanks,
Jay

vw100

He can if he chooses just place a metal wire across and call it a fence if he wishes. There is no requirement to put up a particular sort of fence.

jayu619

It would be in their best interest also to have a strong fence placed up given the recent storms we've had. Me asking for a contribution is not out of the ordinary is it? Thanks

cranford

Looks like you are stuck. The owner does not live there so he's not bothered whether its a decent fence or a piece of string marking the boundary. Maybe he would do something if he was selling or if his tenant complained and withheld rent - but that's not going to happen.  
So if you want a decent fence take the £200.

ElephantBoy57

jayu619 said:

It would be in their best interest also to have a strong fence placed up given the recent storms we've had. Me asking for a contribution is not out of the ordinary is it? Thanks

Just like he cannot buy a fence and force you to pay half, neither can you force him.

TELLIT01

jayu619 said:

It would be in their best interest also to have a strong fence placed up given the recent storms we've had. Me asking for a contribution is not out of the ordinary is it? Thanks

What type and size of fencing are you proposing and for what length?  It could easily be argued that a chain link fence would be far less susceptible to storm damage than a solid timber one, and much cheaper too.