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

tain

Quiqueg said:

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.)

Do not overlook the importance in this kind of agreement. It may seem overkill, but the neighbours have already shown that they operate outside of what is reasonable. You need clear boundaries on future liabilities. They expect you to just cough up cash on their whim - imagine what they'll do when they know you'll pay.

Bristol10

Firstly, it’s weird it’s not in the deeds. But I was told, if I stood at my back door and looked out, to the left is my neighbours’ fence (responsibility) and right was mine. I checked my deeds, and it is noted as that on there.  

I’d probably start the discussion with – why did they take down the old one, as that was perfectly fine? Also, why did they not mention that they were planning on removing the fence, if, they expected you to go halves on the replacement. I think their response to these questions will be very telling.

Depending upon their response- If it’s because aesthetically they didn’t like it, then that’s their choice and I’d tell them to go whistle.

If there was a genuine reason for taking it down – there was damage to it/it was going to fall down. Then I’d want to be involved in the selection of the new fence. If you’re paying for it, you should get a say in it.

If they’ve picked/purchased the panels already, then I don’t really see why they’re involving you now? (Other than to get someone to help foot the bill/be a mug.) And I would ask that question. If you’ve pulled down a perfectly good fence and ordered replacements, why are you involving me at this final stage? You’re doing it, so get on with it and pay for it yourself.

If you decide to try and maintain a civil relationship with your neighbors by paying towards the fence, after they’ve already purchased it. Then I’d probably offer to pay a smaller (not 50:50 contribution to it.) Basic panels start at like £11, so I’d offer to pay up to £5.50 per panel. As others have stated, a fence on the boundary line is not a legal requirement. It’s a choice. It’s also a choice (by them) if they choose something other than a basic panel. Their choices should not financially impact you. So, if they push for 50:50 and the panels are pricey, I’d tell them to do one.

I’d also suggest putting it in writing to them (1) You’re not happy with the removal of perfectly good fences on the boundary line. (2) It was done without your knowledge or approval
(3) that going forward – you would like to be consulted on matters that affect both of your properties.  

Then you have a written copy of your response to this situation, should you need legal assistance in the future. But hopefully it won't come to that.

 

SuziPooh68

To avoid any possible conflict, neighbours should always consult each other first.  Our neighbour who rents next door asked us if we wouldn't mind having a fence added to the boundary wall, just so they could have more privacy.  I agreed, but was firm in saying that the wall belonged to the landlord, so they would need to consult the landlord/agents first.  I am not sure that they did, but have since put up the fence and funded it themselves, which is fine.  Happy days for both parties!  Sadly seems to be the trend these days that neighbours no longer communicate, not like the old days!  I must be getting old lol

Purpleruby50

This happened to a friend of mine and she declined there offer.
Personally I wouldn't. They ripped it down without asking you or seeing what you may or may not have that relied on the fence. So I would say no.

Bognor_Brian

I would like to comment on the notion that there is a set side of the property for your fence ownership. There may be local conventions but there is no set rule. When we, many many years ago bought our council house from the local authority, we were the first in the street to buy and so the Council asked us which boundary we would like to own and maintain - we chose and everybody else had to follow. This did eventually cause problems as a many years later an employee dealing with a later house sale thought there was a 'convention' and sold a boundary that was already sold but didn't sell the one they should have - but that is another story. With regard to the fence replacement cost problem, I would say sorry but there was nothing wrong with the old one, if you wanted a new fence that badly they you must pay. I'll replace it next time and pay for it then.

jackieblack

Bognor_Brian said:

I would like to comment on the notion that there is a set side of the property for your fence ownership. There may be local conventions but there is no set rule. When we, many many years ago bought our council house from the local authority, we were the first in the street to buy and so the Council asked us which boundary we would like to own and maintain - we chose and everybody else had to follow. This did eventually cause problems as a many years later an employee dealing with a later house sale thought there was a 'convention' and sold a boundary that was already sold but didn't sell the one they should have - but that is another story. With regard to the fence replacement cost problem, I would say sorry but there was nothing wrong with the old one, if you wanted a new fence that badly they you must pay. I'll replace it next time and pay for it then.

I agree.
 I’m responsible for the fence on the right of my back garden.
When we wanted a better fence (6ft panels) on the left hand side we installed it on our side of the existing (posts and wire) boundary fence as it was our choice.

Section62

tain said:

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.

No, you're not, x4.

Agreeing to make a financial contribution now (even after the panels have been purchased) doesn't alter the legal situation that the deeds are silent on the subject of responsibility for the boundary.

If the fence falls into disrepair neither party is obliged to carry out repairs or replacement, other than dealing with the issue of liability in the event the fence becomes dangerous. At that point either party (hopefully with the other's agreement) could simply take the dangerous parts of the fence down and not replace it with anything. No further obligation exists.

sandrawoo

Do you get on well with your neighbours ? Is is likely to cause tension in the future ? These are the questions to ask yourselves. You definitely are not obliged to pay anything towards the fence but what I fail to understand is why they would pull it down without even mentioning to you, that is so weird. Strange situation. 

ChasC

Seems your neighbor is just like mine. I'd be out there yelling at the contractor and threatening legal action.
As for contributing absolutely not. I'd be looking for compensation. Who the hell does he think he is????
Grow a back bone and tell him to **** off or he'll walk all over you with his next stunt. You ain't ever going to get on with people like this so don't waste your time trying. If he wants a war, give him one

Pollycat

ChasC said:

Seems your neighbor is just like mine. I'd be out there yelling at the contractor and threatening legal action.
As for contributing absolutely not. I'd be looking for compensation. Who the hell does he think he is????
Grow a back bone and tell him to **** off or he'll walk all over you with his next stunt. You ain't ever going to get on with people like this so don't waste your time trying. If he wants a war, give him one

WOW!

How not to do it...