Neighbour selling house, hasn't paid for shared fence costs

Blowsbubbles

Hi all,  looking for advice on how best to deal with this situation. 

My deeds state that our fence is a shared responsibility with neighbour. I spoke to my elderly neighbour who was happy for it to be replaced as very old and leaning. 
In the interim he then moved into care home and I dealt with his daughter about it.  She had mentioned was OK with it but she had a lot on.  Totally understandable. 
Not wanting to press during a stressful period time went on.  
I asked a few times but little response. 
Then during bad storms the fence came down.  
We needed to have it replaced as garden not secure for dog so did.  
We decided to upgrade fence to a composite panels,  so only asked them for half the cost of the posts. We did ask the work ourselves.
We haven't heard anything back, but now notice house is up for sale.  
How would you proceed? 

propertyrental

why do you say : "My deeds state that our fence is a shared responsibility "? Please quote exact wording and where in the deeds this is stated.

Given that you have unilaterally decided to "upgrade fence to a composite panels, " why are you still asking for half the cost since you believe it's a shared responsibility? The 'shared responsibility' (if true) is for the cost of like-for-like replacement unless you both agree to upgrade.

Frankly, in this case, I'd just let it go. The fence seems to be for your benefit (the dog) so just suck up the cost...!

maman

It could be that the daughter will remember and contact you but otherwise I think I'd just forget it. 

We had a similar issue where we decided to get the shared fence replaced when next door was up for sale. It seemed easier than waiting to see if new owner would be amenable. 

Petriix

The deeds likely mention the 'boundary' rather than specifying what that comprises specifically. Contrary to popular belief, fences usually belong to whoever bought them. I've always worked on the basis of maintaining all the fencing around my garden to the standard that I desire. Should one of my neighbours decide they want it in better condition then they're welcome to upgrade at their own expense. 

trix-a-belle

Blowsbubbles said:

 
We decided to upgrade fence to a composite panels,  so only asked them for half the cost of the posts. We did ask the work ourselves.

propertyrental said:

Given that you have unilaterally decided to "upgrade fence to a composite panels, " why are you still asking for half the cost since you believe it's a shared responsibility? The 'shared responsibility' (if true) is for the cost of like-for-like replacement unless you both agree to upgrade.

propertyrental, I suggest you read the OPs text a little slower. I have split out the relevant part for you, they are asking for half the cost of the posts only.
The OP has paid their cost of half the posts and the full cost of the panels which they have chosen to upgrade & have done all the labour themselves, therefore they have saved the neighbour any share of labour costs

NameUnavailable

OP if it bothers you that much take the fence down, then when someone buys the house you can say you will arrange to put a 'new' fence up if they pay half!

Herzlos

Blowsbubbles said:
We decided to upgrade fence to a composite panels,  so only asked them for half the cost of the posts. We did ask the work ourselves.

How much are you wanting from them? I can't imagine it's really enough to worry about here

Vectis

Blowsbubbles said:

 
We needed to have it replaced as garden not secure for dog so did.  

Where do you have it written that the fence is a shared responsibility financially?

You also say that the previous fence blew down during storms, which must beg the question as to who insures it, you or the neighbour? Why isn't the replacement of the fence covered by your or your neighbour's insurance?

Plus, and this is just a personal view, if replacing the fence is primarily to stop your dog straying onto other people's land then I think you should perhaps be paying for it. As I said, not a legal view, but it's the way I'd be viewing it. If I was a dog owner, I'd be securing the fences at my expense because it's my dog, and I'd want to keep it safe and not let it stray.

GDB2222

If it’s shared responsibility, then should you have involved the neighbour in the choice of fence panels? Composite fence panels are a bit marmite. They last for ages, but some people don’t want a plastic fence. 

Unless the neighbours agreed to pay part of the cost of the fence, having seen a quote, I think you don’t have any claim at all.

user1977

Vectis said:

Blowsbubbles said:

 
We needed to have it replaced as garden not secure for dog so did.  

You also say that the previous fence blew down during storms, which must beg the question as to who insures it, you or the neighbour? Why isn't the replacement of the fence covered by your or your neighbour's insurance?

It's pretty standard for buildings insurance policies to exclude storm damage to fences.

Tiglet2

Isn't it a shared "boundary", rather than a shared fence?  A boundary doesn't mean you have to have a fence at all, though if there are children or dogs, the parent or owner has a responsibility to keep them contained within their own garden, therefore a fence in this case would be necessary.