Shared fence damaged - payment from neighbours

nedchester

During the storms (early December) our fence came down between ourselves and the property at the back of our house

The property at the back is a rental and the owners have been away for some time. We contacted the Estate agent who manages the property for the owners to tell them we were getting the fence repaired as our dog was at risk of escaping.

Having got the repairs completed at £400 we then asked the estate agent if we could recover the cost of £200 as it is a shared border. He has tried to contact the owners but they have not returned his emails and calls.

How do I recover the £200 that is owning to me if the estate agent cannot contact the owners?

unforeseen

I doubt that you can as you went ahead without getting any sort of agreement from the other property owner. 

From their side of things a piece of string would have been enough to mark the boundary, however YOU have the responsibility of providing a dog proof barrier to keep your dog within your boundary. 

DB1904

nedchester said:

During the storms (early December) our fence came down between ourselves and the property at the back of our house

The property at the back is a rental and the owners have been away for some time. We contacted the Estate agent who manages the property for the owners to tell them we were getting the fence repaired as our dog was at risk of escaping.

Having got the repairs completed at £400 we then asked the estate agent if we could recover the cost of £200 as it is a shared border. He has tried to contact the owners but they have not returned his emails and calls.

How do I recover the £200 that is owning to me if the estate agent cannot contact the owners?

I don't see you're owed anything, you've bought and erected a new fence so it's yours.

Being a dog owner means you're responsible for it not straying onto your neighbours property and they shouldn't be expected to pay.

aoleks

if it's your fence, it's your fence. a fence is not a legal requirement, it was your choice to put one up.

nedchester

I may have not made myself clear.

We contacted the estate agents BEFORE the repair but they could not get in contact with the owners.

After a week we got the repair completed. A week is not unreasonable to get a reply from the owners and even AFTER the repair the estate agent is getting no response from the owners.

This is in my opinion unreasonable.

Carrot007

nedchester said:

I may have not made myself clear.

We contacted the estate agents BEFORE the repair but they could not get in contact with the owners.

After a week we got the repair completed. A week is not unreasonable to get a reply from the owners and even AFTER the repair the estate agent is getting no response from the owners.

This is in my opinion unreasonable.

This is a rental property. You will get nothing. Unless you left it and the renter complaned. So oppertunity missed as you wanted a fence more. (as it should be).

DRP

As already mentioned, the neighbour may have preferred a different, cheaper fence or boundary marker.

Unfortunately, I think the time to come to an agreement to share the cost has passed.

Gavin83

nedchester said:

I may have not made myself clear.

We contacted the estate agents BEFORE the repair but they could not get in contact with the owners.

After a week we got the repair completed. A week is not unreasonable to get a reply from the owners and even AFTER the repair the estate agent is getting no response from the owners.

This is in my opinion unreasonable.

The previous posts are sound.

You can’t make attempts to contact them and then make the decision that an unresponsive week means they’re liable. They have no obligation to respond nor contribute towards the fence. 

Being jointly responsible means you need to agree to a course of action and there’s certainly nothing to state a fence needs to exist at all. Of course a lack of fence is an issue for your dog but that’s your problem, not your neighbours.

A good neighbour would contribute to the costs but if they refuse there’s really nothing you can do about it.

TELLIT01

A week is not a reasonable time to allow for the agent to contact the owners and the owners to agree, or otherwise, to the repairs.  The OP has made a unilateral decision to replace the fence without the agreement of the other party so the cost remain entirely with the OP.  The agents may have been able to provide a cheaper solution for the other owner but that will now never be known.

[Deleted User]

Look at it this way, you have spent £400 to keep your dog safe which will be worth more than £400 to you so it was a bargain.