Money Moral Dilemma: Should we help pay for the fence our new neighbours put up?

cazlor

Just explain politely, you were happy with the fence that they ripped out, without consulting you. So you are sorry, but no, you will not be paying towards the new fencing, has they took this upon them self's to rip out and replace.

Binks26

I have had some experience of fence problems with a neighbour. You really need to find out whose boundary fence it is legally. If it is theirs, the old fence belonged to them and they had every right to take it down and replace it, but as it was their fence it was their responsibility to pay for a new one. If it is yours, then they shouldn't have taken down a fence belonging to you, but having done so, they need to pay for a new one. Either way, as I see it, you are not obliged pay for anything.

JayD

There should be something in the property deeds to say whose boundary line the fence is on.

If it is on theirs, then they can remove and install whatever they like on it - as long as it doesn't encroach on your property - and they should pay for it..

If it is YOUR property boundary line, then, unless the old fence already belonged to them or the previous owners of their property, they had no right to take the old one down at all!

So you should advise them of this - and that they should have at the very least, discussed the situation with you before doing anything. (TBH that was a very unneighbourly thing to do!)

So the short answer is 'No, you should not contribute half of the cost of the new fence and as it is their property, they will forever be responsible for maintaining it.'

Alp1ne

Even if the fence was your responsibility, once they put up a new fence, it becomes their responsibility and anyone who buys their house afterwards - forever.  When I bought my house my solicitor pointed out I was responsible for fences on both sides of my property as the previous occupant had put up a fence on the side they weren't not originally responsible for.

colin061

I've never been in favour of joint property. Use this as an opportunity to establish all your boundaries and then decide whether you or the neighbour(s) should erect and pay the fence(s) which obviously go on the payers property. Makes it all much clearer when selling. 

Doc_N

Classic dilemma.  Several things to bear in mind:

1  Never, ever get into disputes with neighbours. Only the lawyers can win.

2  Unless the deeds or Land Registry documents show where the responsibility for maintaining fences lies (and in most cases they probably won't), there are no 'rules' for determining who owns/has responsibility for fences. Doesn't matter whether it's on the left or the right, or which side the 'ugly' side is.  If the fence is on the boundary, as it should be, it's anybody's guess who it belongs to, unless that's made clear in the deeds etc..

3  Far better to pay up if at all possible, rather than run the risk of a neighbour dispute.

desthemoaner

They should have asked before taking down the old fence; that much is undeniable. However and IMO, the question as to whether you should consider paying towards the new one is not straightforward.

If you don't want to get off on the wrong foot with your new neighbours, a gesture offer well below half the cost of the fence might go a long way towards smoothing future relations between you, whereas an outright refusal is bound to create bad blood. Be sure to let them know its your final offer and when you make it, take the opportunity to leave them in no doubt that in future you expect to be consulted about any changes which affect your boundary, or any other shared aspect of your property, before they go ahead with the work.

Yes, you could delay the decision and stonewall while you try to find out who owns the boundary, but to my mind a more pragmatic approach would reap greater long term dividends.. 

JayJay53

MSE_Kelvin said:

This week's MoneySaver who wants advice asks...

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?

Unfortunately the MSE team can't always answer money moral dilemma questions as contributions are emailed in or suggested in person. They are intended to be a point of debate and discussed at face value. Remember that behind each dilemma there is a real person so, as the forum rules say, please keep it kind and keep it clean.

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As you weren't consulted your neighbour made the decision entirely without you having a say or choice, presumably you would have pointed out that there was nothing wrong with the original fence whereupon no cost to anyone would have been incurred, so why should you pay anything.  It is as if their fait acomplis is a way of expecting you to contribute to a decision they alone made with full knowledge of the cost implications.  Anything shared like this should be fully discussed and agreed between all parties before any action is taken or cost incurred; I certainly wouldn't pay them anything!

tain

All the do-gooders saying to pay something to keep the peace:

At the moment, that fence is the neighbour's property, including repairs and maintenance. 

If you decide to pay a share of the cost, you're also assuming a share of repair costs or replacement costs in future. If the fence requires annual waterproofing or maintenance to keep it in good nick, you're paying a share of that as well. If you fail to maintain your side and the fence falls into disrepair on your side, you're obliged to pay for the entire repair.

There are plus sides to this, as you get to dictate quality and craftmanship (and should have in this instance), and you can insist repairs take place in a timely manner/pay them yourself and claim back the costs. However, if like me you really don't overly care on what fence is there, you're assuming a financial obligation that you may not want.

Quiqueg

I am assuming you are not unhappy with the new fence. If you are it changes my comment. You commented that there was nothing to say who was responsible for the old fence.
Maintaining fences can cost a lot of money. Your neighbour has assumed ownership of the old fence by ripping it down, and replacing it. However, taking the neighbour to Court by disputing ownership is just creating a money pit, and is to be avoided.

In view of this, I would suggest making a contribution to the cost of the new fence.

BUT
Your contribution should specify that it is the full, and final, settlement for all obligations and liabilities on your part, relating to the old fence.

and,
that since the neighbours have claimed ownership of the fence, by putting up a new one; then all future obligations and liabilities arising from the new fence belong solely to the neighbours; and are nothing to do with you.
Do it in writing, keep a copy with the papers for your house. If possible get the neighbours to sign a copy that you can keep. (They may actually not want to do that when they think about it, but keep your copy anyway.)