New fencing - what if we can't agree with neighbour?

SheenaG4

We’ve lived in our semi-detached house for c 30years.
About 20 years ago it was clear that the rear garden fence between us and the neighbouring property (not the one we’re adjoined to) needed replacement. Our neighbour was in full agreement but not financially in a position to contribute. This wasn’t an issue as we were happy to fully fund the new fence.  We subsequently fully replaced the existing structure with 7 new concrete posts and 6 ft waney lap panel fencing at our own expense.

Fast forward 20 years and the fence panels are in need of replacement. We have new neighbours in the property next door who have agreed this is the case and are willing to share the cost. However they have indicated a preference to replace the waney lap panels with a different style of panel, which would match the panels on the opposite side of their rear garden. But, as we have waney lap fencing on all 3 sides of our own garden, it wouldn’t look right to replace one side in a different style.
(the other 2 fences are in good condition and not in need of renewal).

There was no argument or fall out. We get along fine with our neighbour and understand that they would obviously prefer the same uniform fencing all round their garden as we currently enjoy. This discussion took place a few months ago and the matter hasn’t been discussed since.

We’ve checked our deeds/plans and there is no indication as to responsibility for the boundary in question.  We’re hoping we can reach an amicable agreement BUT if we end up at an impasse, would  we within our rights to replace the panels with a style of our choosing (in this case, like for like) on the basis that we fully paid for the construction of the original fence?  Obviously we’d expect to do so at our own expense if we went down this route.

Thanks in advance for any thoughts/observations.        

YellowCarBlueCar

Do you know who the land on which the fence sits, belongs to (i.e. your side of the boundary of theirs).  If it's yours then you do as you like, if theirs then they do as they like (and you can stick your own fence on your side up against it).
You paid for the posts, so they are yours, though not ideal if they are on your neighbour's plot!

SheenaG4

YellowCarBlueCar said:

Do you know who the land on which the fence sits, belongs to (i.e. your side of the boundary of theirs).  

From the deeds, no, and visually the fence runs right along what we would consider to be the dividing line between the 2 properties. 

MalMonroe

What my friends did, in a similar situation, was agree with their neighbour (with whom they are good friends) to put up their own fence and their neighbour did the same, back to back fencing so to speak. It solved the problem as the fencing designs were very different and both parties are happy. 

It will cost more and I'm not sure how this would happen with your fencing since you also have the concrete posts but maybe something can be worked out? 

Call me crazy but a different pattern of fence wouldn't really matter to me in the slightest. I'd just let my neighbours have their choice - it's the rear garden, not many people will see it and as long as it's neat and tidy, I don't see a problem. 

Abbafan1972

The patterns of the fences don't bother me really - it's more the colours of them (ours are all mismatched at the moment). 

Ganga

Grow some bushes next it and it wont be a problem as it will be hidden, the plus part is they paid for the fence.

Jeepers_Creepers

SheenaG4 said:

YellowCarBlueCar said:

Do you know who the land on which the fence sits, belongs to (i.e. your side of the boundary of theirs).  

From the deeds, no, and visually the fence runs right along what we would consider to be the dividing line between the 2 properties. 

It's perfectly reasonable for your neighb to want 'their' style of fence panel, and also perfectly reasonable for you to ditto. So, for all the folk who find mismatched panels perfectly ok, that's great, but it ain't the case here.

When you replaced that fence 20 years ago, it was also reasonable that you got the panel design you preferred, since you were paying for it all. It's good that the new neighbs have more cash handy, but sadly that brings with it its own issues!

Do you have ownership over theta fence 'cos you paid for it 20 years ago? I doubt it, either legally or ethically; it was seemingly a 'shared' fence then as it is now, and you paid for it all only because the other party couldn't do so. This is for a new fence with a new neighbour who has not previously been involved in this.

What's more, the fence posts are seemingly run dead on the borderline, so that also doesn't give either of you individual ownership or rights over it. (Obviously, had the posts been on your land, it would be your fence to do with as you felt fit, and versa-ditto for the neighbs.)

So, solution? I dunno. But if one of you just 'gets their way', then the other party will likely feel somewhat miffed, especially if they are contributing towards it. It seems to me, then that it's

a) One party pays for it all (or perhaps the vast majority of the cost - eg, all of the panels and, say, half the labour?) and they get their choice of panel and the other side accepts this happily, or

b) You toss a coin to decide on style and both pay halves - happily..., or

c) One of you decides that, once their side is painted the colour of their choice, they are actually not too fussed any more and are happy to compromise on actual style and still pay halves 'cos they are good neighbs (I mean, just how different are the styles?), or

d) You both pay up fully for your own styles and the panels are fitted back-to-back. If these were timber fence posts, this wouldn't be too much of an issue as the panels would fit in between the posts, but if these are concrete 'slotted' posts, you'll find the gap is actually too tight, so the panels will need very costly modification or need to be bespoke.

What colour do you paint your panels? If it's a nice dark colour - Forest Green or a darker Oak - then, unless the styles are mega-different (eg rounded tops, or trellis-topped), I bet you'll barely notice. And visitors won't at all.

IF these are nice neighbours, and IF you conclude that the difference between the panels styles is actually quite tolerable, just imagine how good you'll feel to say "Look, I've given this some thought and what you've done with your garden is so nice that I'm happy to go with your style..."

Alanp

Yes, try not to fall out with your neighbours, it can lead to all sorts of problems 

SheenaG4

Fair comments Jeepers_Creepers
We certainly don't anticipate falling out with our neighbours. Given the relative trivial nature of the issue, the back to back panels option and resultant additional costs wouldn't feature in our resolution options. 
I guess our thinking was replacing 'like for like' maintains the status quo - nobody is any better/worse off than they are at present. We carry forward exactly the same style with new panels.
Obviously if we wished to change from the current design and our neighbours also had their own design in mind, then we're in the realms of the coin toss and other options you mention above.
Thanks for your input  

Jeepers_Creepers

Part of me does think that you are more 'entitled' to your style, since you paid for it all and it is - as you say - the status quo.

But if the fence really is dead centre on the borderline, and there is nothing in the deeds to suggest ownership or responsibility, then I think the decent thing is to consider it afresh with your new neighb.

By all means have a friendly chat - even an amusing one - about it. Like, when they are painted their respective colours, does one style contrast less with the existing fences. Eg, if one person has their fence in a light golden oak, then I think this would tend to highlight differences, whereas dark colours would hide them. So, have a chat about that. Or, decide it really is 50:50 - so fancy tossing a coin?

Do either of you have shrubs and bushes growing against them that, again, hides a fair amount of the panels?

Please come back and tell us what happens :-)

TELLIT01

It would be possible to put the required type of boarding on the 'reverse' of the new fence as the framework would be accessible.  The company providing the fencing may be willing either to construct the fence that way, or provide the boarding to enable you to fix it on yourselves.