Whose responsible for the fence

Mojisola

Section62 said

They appear to be responsible for the fence, but apparently have no obligation to keep one there.  The moneysaving option is to remove their fence (if they no longer want it), and let the neighbour fence the boundary as they wish.

The moneysaving option is to do nothing. 
If the OP wants to fill in the gap, it can be done with anything they choose to use. 

Bendy_House

Claire, you don't need to do anything, and neither does your neighbour (unless one of you has animals - including children - who need to be contained within their land). Or in the very unlikely event of a covenant that insists it is physically maintained - in which case your neighbour is the one obligated to do this.

"it's on our neighbours boundary but she says the previous owners of our house put up the fence so she thinks we're responsible.. they put it up with her agreement and on her boundary (she just had wire there before)" That's very presumptuous of your neighbour, and it could be down simple ignorance, or even simpler bloody-mindedness.

The deeds indicate that your neighb has 'responsibility' for this boundary? In which case, the moral obligation - for good neighbourliness - is for them to maintain a decent fence there. Just like you presumably do on the other side?

The previous owner of your house made this arrangement where they put up the fence for some reason, presumably because it suited them - ie they wanted a fence there, and the neighb just wasn't bothered, or willing, or able to afford, to do it.

You effectively took on the ownership of that physical fence, but not responsibility for that boundary. And also not any obligation to continue with this arrangement. Ie, as the presumed 'owner' of that physical fence, you could have removed it at any point - tho' that would have been a not very nice thing to do.

Now the fence has reached the end of its natural, it's up to you what to do. I guess you want a physical fence there? And I suspect the neighbour will be as unlikely to fit one as they were before...

It's galling that they have been so presumptuous of your continued responsibility for it! But now I hope you know that you have options.

1) You just replace it and smile through gritted teeth.

2) You try and get them to at least accept you'll be doing them a favour be replacing it, and then replace it through still-gritted teeth.

3) You make it clear that the broken fence was the previous owner's, and that you have no intention of continuing the arrangement, especially after their arrogance and presumption.

4) You do as (3) but also 'moon' them on a regular basis through the gap in the fence.

5) You do nothing...

theoretica

Bendy_House said:

Claire, you don't need to do anything, and neither does your neighbour (unless one of you has animals - including children - who need to be contained within their land). Or in the very unlikely event of a covenant that insists it is physically maintained - in which case your neighbour is the one obligated to do this.

"it's on our neighbours boundary but she says the previous owners of our house put up the fence so she thinks we're responsible.. they put it up with her agreement and on her boundary (she just had wire there before)" That's very presumptuous of your neighbour, and it could be down simple ignorance, or even simpler bloody-mindedness.

The deeds indicate that your neighb has 'responsibility' for this boundary? In which case, the moral obligation - for good neighbourliness - is for them to maintain a decent fence there. Just like you presumably do on the other side?

The previous owner of your house made this arrangement where they put up the fence for some reason, presumably because it suited them - ie they wanted a fence there, and the neighb just wasn't bothered, or willing, or able to afford, to do it.

You effectively took on the ownership of that physical fence, but not responsibility for that boundary. And also not any obligation to continue with this arrangement. Ie, as the presumed 'owner' of that physical fence, you could have removed it at any point - tho' that would have been a not very nice thing to do.

Now the fence has reached the end of its natural, it's up to you what to do. I guess you want a physical fence there? And I suspect the neighbour will be as unlikely to fit one as they were before...

It's galling that they have been so presumptuous of your continued responsibility for it! But now I hope you know that you have options.

1) You just replace it and smile through gritted teeth.

2) You try and get them to at least accept you'll be doing them a favour be replacing it, and then replace it through still-gritted teeth.

3) You make it clear that the broken fence was the previous owner's, and that you have no intention of continuing the arrangement, especially after their arrogance and presumption.

4) You do as (3) but also 'moon' them on a regular basis through the gap in the fence.

5) You do nothing...

One thing that gets my back right up are other people telling me what I like and trying to get me to do them a favour by presenting it as something I should want.  I don't personally like many fences, especially tall, solid ones (I do like unambiguously marked boundaries - that is a different matter).  Anyone trying to persuade me that putting one up was doing me a favour would be totally the wrong way to approach me.  If the OPs neighbour shares my feelings, and accepted a fence they didn't like because the previous owner wanted one trying to make them also pay for it would be arrogance and presumption on the other foot.  If of course they actually like it and are smug at getting out of paying that is a different matter!

bris

No one is responsible for the upkeep and repair of a fence unless the title deeds state it, which very few do.

Neighbours often share cost, like me and my neighbour but its a genlemans agreement and nothing to do with responsibility.

twopenny

Or put up  good panels that are treated and will last for years longer with no maintenance.

That is money saving too.

The cheap ones are like matchsticks.

It will make you garden look nicer, you won't have to worry about them again and you get privacy.

I put up 4ft with trellis on top and grew plants for privacy. They too will let the wind through and providing the posts are good should last for a decade or two.

If you think you may be moving then go for cheap ones.

But the responsibility is yours. Do you want a fence or not is the question? Your neighbour obviously isn't bothered. Perhaps he/she likes seeing people. It's just not fashionable these days.

Belenus

clairecox82 said:

We had 3 fence panels come down during the recent storm which are unrepairable.. it's on our neighbours boundary but she says the previous owners of our house put up the fence so she thinks we're responsible.. they put it up with her agreement and on her boundary (she just had wire there before). I'm concerned if we replace the panels now we'll create some unsaid forever agreement to always be responsible for that fence (as well as already being responsible for the one at the bottom and the one running along the other side of our 100ft garden .) Thanks for any advise x

Are the fence posts still firmly in the ground?

If not then you may be looking at far more work and cost than just replacing three panels.

J_B

Bendy_House said:

ryan7 said:

Those panels cost 20 quid. For what it's worth just replace them. 

Yeah. Come and do mine as well, while you're at it... pfffft.

The cheapest (very small) ones at B&Q are all over £25

in_my_wellies

My neighbour burnt down 5 panels bordering my allotment and had no intention of replacing them (or the approx £200 of my stuff but that's another story) 

I cleared the gap and planted a hedge which after three years is shoulder height. I shall keep it at 6'.  I used several seedlings I found and privet cuttings. 

The neighbours don't seem to mind the visits from the badgers who now have access which are digging up their lawns. When the penny drops I suspect the fence may be replaced.