We had an old but solid garden fence that our new neighbours have ripped down. They've now bought new fence panels and have asked us to share the cost (there's nothing in the legal documents for either property about who's responsible for it). Should we pay up as we'll benefit from the fence too or - as they chose to pull down a perfectly-good fence without consulting us - should the cost be theirs to bear?
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Money Moral Dilemma: Should we help pay for the fence our new neighbours put up?

MSE_Kelvin
Posts: 375 MSE Staff

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Comments
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Bit of a cheek asking you for money after the event, next thing they will want to charge you for labour. Are you a terraced house? If the answer is yes, does anybody in the row of houses know who owns which fence in their own gardens.
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Personally I'd say let them foot the bill. Assuming that there really is no legal evidence as to who's responsibility it is.If it is genuinely a shared responsibility, or there is no legal definition as to who owns it, then it would have been courteous to ask you before going ahead. At which point you would probably have agreed. But it's a damned cheek to go ahead without consulting you.We had a similar situation a couple of years ago. The fence between us and our neighbour was getting very rickety, so we agreed it would benefit us both to replace it, and chipped in half each. But that was agreed beforehand by way of an amicable chat.4
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If the neighbour ripped down a perfectly good fence I wouldn't be happy about contributing to a new one. That said, is it worth starting off on bad terms with new neighbours?Possibly say you will contribute half but can't do so at present.I had a variation on this problem. There is a car port which spans both drives between ourselves and our neighbours. Our half is in shade most of the time so doesn't deteriorate as quickly as the neighbours. He desperately wanted to replace it but we weren't in a position to contribute at the time. He paid and we reimbursed later. The big difference of course is that was agreed before the work was done.2
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If the fence was fine to start with why are they replacing it?Is it a better looking one? A longer lasting one? What is their motive? It seems an odd thing to do.Having said that I moved in to find the neighbour had put cheap new panels on my fence posts where they were fine before and when they blew down she insisted she should pay half so I consulted what she wanted etc. Then when I'd had it done she declined to pay anything. Lovely startKarma, I'm waiting for karma.
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Sue them for criminal damage to your property2
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If the fence is to your left (looking from your back door) it is generally your responsibility. If they took it down and disposed of it without your permission then they have committed the criminal offence of Theft (S.1). If it is to your right then they can do what they want but cannot ask you to contribute because it is their fence and their responsibility to maintain as they see fit. If was at the rear boundary then it is likely shared so they should have consulted you before any work was done but if they didn't they legally cannot ask for recompense retropectively. This is ofc all dependent on what your deeds state but these are the commonly accepted legal boundary rules.
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Absolutely not. A real dilemma is when the fence is in poor condition and needs replaced e.g. to keep your dog in. Should then the neighbour contribute>0
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If it is a shared fence then they should have consulted you regarding the type of fence, supplier and cost. If you now pay a contribution you are acknowledging that you have agreed to the replacement and the positioning of it. They should have simply built their new fence on their property on their side of the old fence and then they could use what ever material they chose and leaving it up to you to do the same at a time of your choosing. Removing the old fence was not theirs to decide without agreement with you and is technically vandalism as they have wantonly damaged your property.
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Do you currently get on with your neighbours? If yes, then it might be worth contributing a little, as there’s nothing worse than having neighbours that you don’t get on with. Small disputes can escalate into nightmare neighbours. I agree it’s a bit cheeky doing it first then asking for money, but if you are benefitting too then may be fair enough to help out.0
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This is not neighbourly behaviour. It is provoctative If they have no evidence of shared ownership then there is no reason to pay anything. Tell them to make the fence higher.2
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