Should I pay for my neighbour's fence?

Cheerio90

Good Morning!

First time posting, so apologies if this is not in the right place.

Here's my query... I appreciate any views.


Bought our semi detached house in early 2021. Deeds show that we are responsible for the left fence and the back fence, as confirmed by neighbours it's the same all along the street. During a storm early this year, the left fence was blown over and we paid in full for the repairs to this fence. 

Fast forward a couple of months and the neighbour (let's call him Mr Smith) on our right (not the attached side) knocks on the door... he is having some repairs to his back fence and wants to know if we recommend the company we used. We do. Anyway, he then drops in some information we were not aware of. The previous owner, let's call him Mr Jones, was not happy with Mr Smith's hedges and wanted him to put up a fence, for security reasons. Mr Smith was not keen but eventually I suppose it was agreed and Mr Jones paid for the new fence on the right side of our house. 

Now Mr Smith wants to know 'Who pays for the right fence if it falls over?" He has implied that as the previous owner Mr Jones bought the fence, we have also bought the fence when we bought the house. Again, we were not aware and assumed this was bought and owned by Mr Smith until he knocked on the door. 

Now I must add that both sides (both niehgbours) are very nice people and we enjoy having a friendly approachable relationship with all neighbours. I do not want to enter into any sort of dispute over fences but at the same time I can't help but feel he's a bit of a chancer. 

Fencing is not cheap and we don't really want to pay for all three sides, two is enough!

Last night I spoke to Mr Smith about something unrelated to the fencing but he said "Oh have you had a chance to think about what you want to do about the fence?" Now I am the least confrontational person out there, and in a bit of a panic I said "well, maybe we can go halves". He said he knew it was his boundary but he believes we own the fence. 

The fence is not currently falling apart so fingers crossed this won't be a bridge we have to cross anytime soon, however I would like some advice now as best to approach this when/if the time comes. What would you do in my position?

Thank you for reading!

Cheerio90

FreeBear

If it is concrete posts & gravel boards, the fence should last a long time. Even if a panel does get damaged, it shouldn't cost a fortune to slot a new one in.

Wooden posts set into concrete, whilst cheap, just do not last - 10 years is good going...

Gavin83

If it falls down just don't put it back up. Seeing as the neighbour didn't really want it anyway I imagine he'll be in agreement.

sevenhills

No one has a legal requirement to buy or erect a fence, unless they have a dog etc.
It's all up to who wants to choose the fence. New housing estates could have rules around what can or cannot be done, but as the years pass, it's a free for all.

comeandgo

Do you need a new fence if it falls over?  Maybe your neighbour could plant hedges again.

Cheerio90

Hello, 

Thanks for the replies. 

Yes there are two concrete posts half way up the fence then screwed in to the wood. It's not in bad condition but looks a little 'leaning' in places. 

I have two small children so 'no fence' is not really an option...

Thanks

Cheerio90

theoretica

You can't make your neighbour pay if they are happy with no fence and you are not. 

Is the fence on your land, his land, or straddling the boundary?  If it was on his land then I would say the existing fence was a present from previous owner to neighbour.  If it is on your land it is all your problem...

Cheerio90

It is on the boundary. A boundary that he has already verbally agreed is his responsibility. 

I already pay for the maintenance of the left fence, and the back fence. Do I pay in full or halves for the right fence, because unbeknownst to us, the previous owner bought it and erected it.  

greensalad

I'd suggest he take down the fence and replant hedges as he desired. Much nicer than a fence anyway, maybe you could offer some help with the planting and maintenance if he purchases the hedges. 

Brie

Surely your children would be suitably confined to your yard if there was a hedge instead of a fence.  I quite get that kids quite literally need boundaries and I'm sure Mr Smith would agree as well.  But it's his boundary so it's down to him what he does, and his expense.  

sevenhills

Cheerio90 said:

I already pay for the maintenance of the left fence, and the back fence. Do I pay in full or halves for the right fence, because unbeknownst to us, the previous owner bought it and erected it.  

There is no legal responsibility on you to maintain any fences. Unless is a quite new estate.