Shared boundary fence costs ?

lisa_2023

Hi all I’m new here. Can’t find exact answers online. Hoping a forum member might know. 

Neighbour is council we are now mortgaged. Council say our boundary fence is shared costs. Anyway I paid had fencing erected on my right side 16-17 years ago. Replaced panels many times. It’s about 30 panels in length. Concrete posts 1 gravel board. But the bottom section the right side was wooden posts which rotted and panels rotted blown down about 15 metres section. So it’s been open between our garden at bottom section for about 4 years. Elderly neighbour didn’t go out into the overgrown unsafe garden. Now new neighbours moved in and asking me to pay for fencing. Council emailed me saying it is shared boundary but they will only contribute a max £6 per linear metre or 50% whichever is the lowest sum. 

That’s a joke that’s not even 10% offer towards costs. Cheapest quote is £110 per bay. So council is offering about £10 per bay. 

Is the boundary law 50/50 percent? 

Anyone know any government land law that specify the contribution percentages ? 

henry24

If it's a shared fence then why do you have to sort it let them sort out the work and pay them the amount they offered you 

lisa_2023

Hi 
I emailed them saying I would pay them the £6 per linear metre and asked who are their contractors that can fit fencing that cheap and guess what….Sandwell council ignored it and said I don’t have to replace the section of fencing. But the new tenants want to. I’ve just spent 6k savings on side entrance and back park so I can’t afford new fencing. The council aren’t offering 50/50. I put in email back can’t even buy a fence post for £6. 

Would a solicitor have the facts about 50/50 shared costs ? I haven’t had any useful factual law advice from solicitors or CAB in the past when the neighbours on my left had vicious dogs without fencing years ago. I’m always left doing and paying the council neighbours garden jobs which isn’t fair physically or financially. 

ThisIsWeird

Hi Lisa.

Take a step back, and look at the facts.

Anything that has no bearing on this simply does not matter. That includes what you may have paid on a fence 16 years ago, what you've paid on a side entrance, and what you've paid on a back park - whatever that is.

What matters is (a) what YOUR deeds say about that fence, and (b) the law.

From what you and the council say - but we don't know it's true until you read your deeds - this would appear to be a shared responsibility boundary. That usually means the physical fence straddles the actual (but usually invisible) boundary line. If that is the case, then you are at least morally responsible for paying towards half the fence costs.

But, unless your deeds specifically makes clear that you DO need to maintain a physical fence, then you do not need to. You do not need a fence there at all - unless you need to keep in wild animals like dogs and children.

So, IF what the council and your deeds say is correct - this is a shared responsibility - then the right thing to do is to dig deep and pay up half. The council's offer of £6/m is weird and absurd - it just doesn't add up, liter or meta. So, assuming that you are prepared to meet half a reasonable quote, the thing to do would be to get a few fencers in to quote for the work. Then message the council and ideally offer to pay half of this.

Or, just leave it.

Absolutely ignore what the new tenants are saying - your issue is with the owner - the council - and not them. Be super-pleasant, but just explain you are trying your best to sort it out with the LA. Suggest they complain vociferously to the council. If the posts and gravel boards are concrete, the cost of this should be low.

And just wait for the council to act.

An exception would be if the new tenants had dawgs that needed to be kept in, or ditto children. Then you'd be able to make a case and force the council to act. (Do you have LP on your house insurance?)

You might even wish to try an incentive - figure out a sum you are prepared to pay towards the fence, and give them 2 weeks to accept this, or else it's all up to them.

Annoyingly, if the other side - either side - simply refuse to do the work, then you need to do it all if you want a fence :-(

Jonboy_1984

Do your deeds say anything about erecting and maintenance of boundaries?

If they do, I would do the absolute minimum, such as a length of chain across the gap, state you are happy with the fence and anything beyond that is their problem, and put it back in their court.

lisa_2023

The council point blank refuse to pay half. I am willing to pay half. Supply and fit 10 panels gravel boards posts cheapest quote is £1,300. So £6 per linear metre isn’t half. And I’m not fussed about fencing it. I don’t have dogs or young children. The neighbours to my left have dogs. The council refused to fence the gardens years ago. Their dogs and chickens roaming my garden the council ignored my complaints. I had to fence the garden. Council don’t check if the empty property is secure to move in tenants with dogs. So from past experience they won’t care if the new neighbours on my right have a problem about the section of fencing void. I will get some written quotes and just wait and let the new neighbours speak with council if they are adamant on fence. I will have to ask the solicitor or land registry or council for a copy of the deeds to find out the facts of the boundary. Council said it is shared but no written proof or drawings. They haven’t sent any paperwork drawings, just an email back to my query. And said I don’t legally have to fence the garden. All I need to know though if the council is allowed to offer that ridiculous low under 10% towards the costs which is clearly not 50/50. They are clearly trying to do me over. 

subjecttocontract

Surely your interpretation of a fence isn't necessarily the cheapest option. You could put a few posts in, string some fence wire across the posts and bingo that's a fence. Won't keep a dog in, or wild animals out but it's a fence, marks the boundary and is much cheaper than yours. 

So, 15 metres x £6 = £90 from the council together with your £90 = £180.
Install x 6 fence posts and tack some fence wire along top, middle & bottom.
Job done. That's what the council will contribute to.

You can of course erect a much better fence at your cost if you want or your neighbours can erect their own inside their boundary at their cost. 

As a council tax paying member of the public who likes to keep his bill as low as possible, that all seems very reasonable to me.

lisa_2023

I phoned the solicitor recently about the deeds they said I can’t have them. Said the boundary was marked as shared both sides and bottom. I have some paperwork which shows a red line around my property. The land search that was paid for done by solicitor is very vague. Just a map with red lines. Can’t see any T or H. 

I’m just annoyed that it’s always me paying out and doing the graft. It’s been problem after problem. The neighbour on my left with dog after dog refused to fence years ago. Left loads of conifers growing for nearly 20 years. Has pushed my fencing crooked. This spring he got off his stoned !!!!!! and decided to do their garden. We ended up having to help cut the 28 ft conifers. Cutting all weekend and trips to tip. Saved him and the council 1k plus. He’s also smashed his works van into my front boundary last year bent the concrete post arris rail feather edge hanging off. Seen it on cctv. So I work graft pay make my garden nice but living next to crap neighbour. But new neighbours seem nice and want to transform the neglected garden which is good. 

lisa_2023

Yep the councils £6 is their half of a £12 post doesn’t cover a reel of wire or chain lol and what if the new neighbour kids run into the wire and get injured. 

I think i might just plant more shrubs and bamboos move some around to create a border between us.

lisa_2023

And talking of council tax Sandwell is expensive rates and they haven’t emptied our bins for 6 weeks. Serco staff been on strike having BBQ’s outside the local tip centre. So I’m paying another council tax increase to pay the serco wage increase. 

Jonboy_1984

lisa_2023 said:

I phoned the solicitor recently about the deeds they said I can’t have them. Said the boundary was marked as shared both sides and bottom. I have some paperwork which shows a red line around my property. The land search that was paid for done by solicitor is very vague. Just a map with red lines. Can’t see any T or H. 

I’m just annoyed that it’s always me paying out and doing the graft. It’s been problem after problem. The neighbour on my left with dog after dog refused to fence years ago. Left loads of conifers growing for nearly 20 years. Has pushed my fencing crooked. This spring he got off his stoned !!!!!! and decided to do their garden. We ended up having to help cut the 28 ft conifers. Cutting all weekend and trips to tip. Saved him and the council 1k plus. He’s also smashed his works van into my front boundary last year bent the concrete post arris rail feather edge hanging off. Seen it on cctv. So I work graft pay make my garden nice but living next to crap neighbour. But new neighbours seem nice and want to transform the neglected garden which is good. 

Both times we have bought there was a full copy of the property deeds in the information sent over as part of the conveyancing process as they define what you are buying???