Neighbour wanting to replace the fence.

silvercar

TELLIT01 said:

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.

I agree. No need to mention the state of the fence if you don't want to. Just say you are not intending spending money on fencing at this time.

couriervanman

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?

And why should they go through their insurance and pay an excess it was your tree that caused the damage,as regards the damaged chair whether used or not it was worth £150 how they choose to spend that £150 is none of your business 

TELLIT01

couriervanman said:

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?

And why should they go through their insurance and pay an excess it was your tree that caused the damage,as regards the damaged chair whether used or not it was worth £150 how they choose to spend that £150 is none of your business 

I agree with that in general, although if it was storm damage the claim should have been against their insurance unless they could prove negligence.

Mistral001

couriervanman said:

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?

And why should they go through their insurance and pay an excess it was your tree that caused the damage,as regards the damaged chair whether used or not it was worth £150 how they choose to spend that £150 is none of your business 

I do not think you can treat money paid directly from one neighbour to another as dispassionately as an insurance claim.  If the neighbour said that they wanted the money for the swing then not spending it on this could be considered as breaking their word or even profiting from the incident.  Not very neighbourly.   

I would see the neighbour and express your views on how bad a neighbour you thought they were during the storm and move on from there.  They might actually still think that there was nothing wrong with what they did.  If the do, then I would still move on.  It takes all sorts.

PierremontQuaker03

Mistral001 said:

couriervanman said:

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?

And why should they go through their insurance and pay an excess it was your tree that caused the damage,as regards the damaged chair whether used or not it was worth £150 how they choose to spend that £150 is none of your business 

I do not think you can treat money paid directly from one neighbour to another as dispassionately as an insurance claim.  If the neighbour said that they wanted the money for the swing then not spending it on this could be considered as breaking their word or even profiting from the incident.  Not very neighbourly.   

I would see the neighbour and express your views on how bad a neighbour you thought they were during the storm and move on from there.  They might actually still think that there was nothing wrong with what they did.  If the do, then I would still move on.  It takes all sorts.

thank you - yes at the time I searched the internet and found them the equivalent swing chair to replace their old one with, after they said they would not accept a second hand one.  But it became fairly clear they were after the money and had no intention of replacing the swing chair.  Yes the tree had became unkept, but we had been in the house a year and didn't think it was that unstable - until a freak storm came along. I don't know, but if it was me I wouldn't have had the cheek to ask for the money especially if I was going to spend it on something different.  Its the principle of the thing - but people on this board seem to be happy with neighbours like this.

mr_stripey

PierremontQuaker03 said:

Mistral001 said:

couriervanman said:

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?

And why should they go through their insurance and pay an excess it was your tree that caused the damage,as regards the damaged chair whether used or not it was worth £150 how they choose to spend that £150 is none of your business 

I do not think you can treat money paid directly from one neighbour to another as dispassionately as an insurance claim.  If the neighbour said that they wanted the money for the swing then not spending it on this could be considered as breaking their word or even profiting from the incident.  Not very neighbourly.   

I would see the neighbour and express your views on how bad a neighbour you thought they were during the storm and move on from there.  They might actually still think that there was nothing wrong with what they did.  If the do, then I would still move on.  It takes all sorts.

thank you - yes at the time I searched the internet and found them the equivalent swing chair to replace their old one with, after they said they would not accept a second hand one.  But it became fairly clear they were after the money and had no intention of replacing the swing chair.  Yes the tree had became unkept, but we had been in the house a year and didn't think it was that unstable - until a freak storm came along. I don't know, but if it was me I wouldn't have had the cheek to ask for the money especially if I was going to spend it on something different.  Its the principle of the thing - but people on this board seem to be happy with neighbours like this.

i'm sort of with you on this. A couple of years ago, an errant firework shot off sideways from my garden and burned a hole inmy neighbour's trampoline net. He mentioned it to me, and although I wouldn't say I was "negligent" as such, I agreed to pay for a new net. He found one online and ordered it and I gave him the money. I guess I would have been peeved had I handed over the cash for a new net only to see he didn't actually replace it.

theoretica

PierremontQuaker03 said:

Mistral001 said:

couriervanman said:

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?

And why should they go through their insurance and pay an excess it was your tree that caused the damage,as regards the damaged chair whether used or not it was worth £150 how they choose to spend that £150 is none of your business 

I do not think you can treat money paid directly from one neighbour to another as dispassionately as an insurance claim.  If the neighbour said that they wanted the money for the swing then not spending it on this could be considered as breaking their word or even profiting from the incident.  Not very neighbourly.   

I would see the neighbour and express your views on how bad a neighbour you thought they were during the storm and move on from there.  They might actually still think that there was nothing wrong with what they did.  If the do, then I would still move on.  It takes all sorts.

thank you - yes at the time I searched the internet and found them the equivalent swing chair to replace their old one with, after they said they would not accept a second hand one.  But it became fairly clear they were after the money and had no intention of replacing the swing chair.  Yes the tree had became unkept, but we had been in the house a year and didn't think it was that unstable - until a freak storm came along. I don't know, but if it was me I wouldn't have had the cheek to ask for the money especially if I was going to spend it on something different.  Its the principle of the thing - but people on this board seem to be happy with neighbours like this.

I don't know - there are lots of my possessions where if they were damaged I wouldn't necessarily replace like for like.  But I don't see that as a reason to accept other people destroying them and they are worth more to me than the second hand value. 

rach_k

It sounds very childish to refer back to the swing seat incident.  Your tree broke their stuff, you paid for it.  They had no obligation to buy the same thing again - they could argue that the swing seat make their garden nicer by 5% or whatever, so they bought other things for their garden to make it nicer by 5% again.  It really doesn't matter what it was they bought.

Their letter makes some decent, fair points and you're risking being known as the neighbourhood **** due to your spite.  You know they'll be talking about it with number 23 as a minimum!

Have you poked something through the ivy to see how much space it's taking up in your garden?  We had ivy on our fence and it was around a meter deep so it was well worth getting rid of it.  The fence left behind was only held together by the ivy so needed to be replaced.  It sounds like you'll also gain space where the fence has wandered.

If you don't want to pay the full amount, you could offer to pay a token amount just so that the joint ownership of the fence is maintained.  Otherwise, they may put up their own fence an inch into their land... and when your rotten fence falls over and takes it down, do you want to pay them again?

twopenny

From an onlookers standpoint that is a very reasonable letter.

I'd start by saying you are looking into it and would like to come and look at it when you aren't so busy.

 I would want to do 2 things. Look at a plan attached to the deeds which shows whose fence is whose, read the description in the deeds which may differ slightly from what you assume you see on the plan. It's usually set out plainly.

Then look at the state of the fence when you know for sure what the situation is re the ownership. Ask casually and politely if you can take a photo to show your husband/brother/aunt whatever  because it's best to refer to a photo than rely on memory and it gives you chance to think it through. They couldn't then increase the damage should they be that way inclined.

I'd also ask what kind of fence they are thinking of replacing it with. Cheap panels blow down for a passtime. Good overlap treated panels look smart and last for years. Feathered upright boards are very expensive. The last 2 also offer some soundproofing. But if you are sharing costs come the end you need to think about this.

I don't know what type of fence is under there.

Also what height are they thinking? A 7ft fence might shade your property. Which way does the sun go?

So find out the ownership, go look take a photo, ask about type and height of fence they are thinking of.

Then you can say yes or no based on knowledge, not just a grudge.

I'd also be wary of that large tree still there. It looks as though it's breaking up at the bottom. And whose ivy is it? If it's yours grab the 3 way split fast before they change their minds and request you to pay for the damage.

pumas

I had a similar situation in that MY fence had long since been straight and upright, but wasn't falling down. The neighbour didn't like the look from his side (agreed!)and proposed going halves for a completely new 'solid' one with him arranging it.

I thought it expensive and it did include a panel for next door who wasn't bothered and the old fence etc. removed.

Your query has made realise that I've got a much better fence for half the cost. I didn't have to lift a finger and also have the nice side facing me. Win, win.

Go and have a look, they have suggested repairing it, is that feasible?