Neighbour wanting to replace the fence.

PierremontQuaker03

Hi, thanks for looking.
The neighbour backing on to my garden (their back garden backs on to our back garden) wants to replace/improve the fence. The fence posts are on my side so I take it, its my
responsibility to replace the fence. Can I check this on line I don't have the detailed deeds of the house.
A few years ago during a bad storm a tree at the back of my garden fell into their garden during a storm and broke there wooden swing chair (which they never used). I had the tree removed within 2 days and paid them £150 or so for them to replace their swing chair- which they never did - they bought other garden stuff.
Anyway, the way they went off the handle at the time was a joke and we have never spoken to them since. Then we got this letter (see attached). The bottom line is that purely out of spite I do not want the fence replacing (I have attached a view of the fence below the letter) and I want to make it as painful as possible for them. The fence is perfectly fine, yes it is not in 100% condition but thats fine by me.
Any advice on how I should respond. I am quite happy for them to replace the fence at their expense as an alternative.  It is by no means an unsecure structure as they suggest. 

EssexExile

PierremontQuaker03 said:

The bottom line is that purely out of spite I do not want the fence replacing (I have attached a view of the fence below the letter) and I want to make it as painful as possible for them. 

That's nice. You expect help from us?

Belenus

PierremontQuaker03 said:....A few years ago during a bad storm a tree at the back of my garden fell into their garden during a storm and broke there wooden swing chair (which they never used)....

Have you been monitoring their use of that chair 24/7?

There is an old saying along these lines 'He who seeks revenge should dig two graves.'

Stop this spite nonsense and be nice to your neighbours and co-operate with them as much as possible.

A war between neighbours benefits nobody.

mr_stripey

I think a conciliatory approach would be best. Work together  - a dispute is no good to anyone.
If you really don't want to contribute to replacing the fence but are happy for them to do so at their expense then you'll have to just tell them that. 

PierremontQuaker03

Ok guys, so just to be clear, just because he is updating the bottom of his garden I should willingly be out of pocket and replace the fence to "be a good neighbour" - when they have not been. Just remember I paid them £150 - rather than asking them to go thru their insurance.
How do I find out if the fence is my responsibility - is it thru the land registry and buying a copy of the deeds?

comeandgo

The fences dividing the houses on our estate are shared with whoever the neighbour is.  This is stated in the deeds and before anyone jumps in and tries to tell me the deeds will not mention fence, only boundary they mention fences.  Maybe read your deeds or ask your neighbour why they think the costs should be shared?

EssexExile

PierremontQuaker03 said:

Ok guys, so just to be clear, just because he is updating the bottom of his garden I should willingly be out of pocket and replace the fence to "be a good neighbour" - when they have not been. Just remember I paid them £150 - rather than asking them to go thru their insurance.
How do I find out if the fence is my responsibility - is it thru the land registry and buying a copy of the deeds?

The tone has changed a bit. No you don't have to be out of pocket but you also don't have to be spiteful and make it as painful as possible. Just say you don't want to contribute.

Ectophile

You can buy a copy of your deeds on-line from the Land Registry.  You can also buy copies of other people's deeds as well, if that helps.

-taff

PierremontQuaker03 said:

Ok guys, so just to be clear, just because he is updating the bottom of his garden I should willingly be out of pocket and replace the fence to "be a good neighbour" - when they have not been. Just remember I paid them £150 - rather than asking them to go thru their insurance.
How do I find out if the fence is my responsibility - is it thru the land registry and buying a copy of the deeds?

It probably would hae been more expensive for you to go through their insurance and they were not obliged to spend it on a another seat. If one of your trees blew down into their garden you were at fault for not maintaining it. And I would definitiely go off the handle if my neightbours tree had fallen into my garden endangering me. So far, I'm not seeing where they have been bad neighbours.

Their letter is telling you the fence is in bad repair and if the ivy is the only thing holding it up, and they have said, go and see it on thei side, swallow your ire and go and see it on their side. That way, you can see if it really is in bad repiar and whether it poses the danger of falling over, thus damaging more of their property. And it looks like you are showing wiling. Or just tell them you don't want a new fence thank you.

searchlight123

Tbf i was expecting to read a really nasty threatening letter within the original post but i read the opposite. normally in these circumstances (i know from previous experiences), the adjoining neighbour demands the fence is yours and wants it replaced wholly at your cost.......or else.

this guy has written a very nicely worded letter explaining that it will be a 3 way split and offering you the chance to go and view it from his side. is this really worth having a neighbour dispute about? fact of life is, fences don't last for ever, particularly ones heavy in ivy so it probably is something that will also benefit you and enhance the look of both of your gardens.

TELLIT01

Simply respond by saying you do not agree that the fence is need of replacing at this time, and that you are not willing to share the cost of unnecessary work.