Money Moral Dilemma: How do I tell my neighbours I can't afford to pay towards replacing our fence?

MeteredOut

Grenage said:

MeteredOut said:

RealPersonB said:

I'm surprised to see so many comments suggesting the author should simply not pay. Clearly, the deeds need to be checked to determine who is responsible for the fence, and that will establish who should cover the cost. But if the fence is 100% the author's responsibility, or even shared 50/50, then they must find a way to get the work done. Full stop. There's no room for debate. Maintaining a cordial relationship with the neighbours and speaking to them openly may help, especially if they are in a position to contribute or proceed with the repairs sooner. However, if the neighbours take on the cost, the author should repay them, even if only in tiny instalments over time. I find it baffling that some people believe not having the money is a valid excuse not to pay. It's no wonder Britain is on the decline...

Out of interest, when deeds specify that some is responsible for a boundary, will it every determine what that should be?

If such a clause does exist, I suspect it will merely say a boundary must be maintained.

Hence my original post saying a few canes a piece of string.

Or do deeds typically have something more substantive (eg, replace like-for-like)?

Deeds will stipulate requirements on the very rare occasion there are any.  My parent's neighbours' deeds state that they must maintain a 6-foot fence. 

For the vast majority, maintaining the boundary does not require anything beyond a bit of string.  If you have pets then you are obliged to restrict them to your garden in some fashion.

That's what I though (an my experience too). So very unlikely in this scenario that the deeds could force the person to put up a new fence. And no need to pay if the neighbour can't afford it; if the neighbour wants a new fence, that's their choice - and they can build it entirely on their side of the boundary line if they wish.

JainEm

Shell1989 said:

I’m surprised you say the fence is a joint responsibility because usually with a purchase of a house you are responsible for one side or the other - it helps to avoid situations exactly like this. Check your title plan for whether you are in fact responsible, and then go from there. You might be lucky - it might be the neighbours problem!

I agree with Shell1989 that with the properties I've lived in during my life there have been clear plans with the deeds showing whose boundary (fence etc) is whose and the responsibility attached. You may find you are not responsible for the fence under discussion anyway - problem solved. And if it does turn out to be yours, check the level of responsibility for maintaining the boundary. If you are only obliged to 'mark' the boundary with a basic 'stick and string', then you can point this out to the neighbour. If they find this insufficient, there's nothing to stop them putting up a fence on their side of the boundary.

JayD

Dear Lord! So much 'legal' advice! I don't think that is the way to good neighbourly relations. An honest conversation and the offer to pay what little you can. when you can, towards the costs would be my recommendation. 

yorkiescot

I am absolutely flabbergasted by the amount of people who would deliberately cause friction and fall out with a neighbour over a fence. This country is built on neighbourhoods and people pulling together and i hate that we now know so little about our neighbours. 
As for the dilemma, okay. Tell them you can't afford it. Offer to build it though? Or, do you have some transferrable skill that you could use to remunerate them for the price of the fence that they would absorb on your behalf. I don't know, do some gardening, cook them a few meals, anything that would help you pay your way as you are short of cash.
Firstly, be honest and tell them your situation, then take it from there.

alggomas

I think you have to look at your deeds or “the left hand fence is your responsibility and the right hand side your neighbours.”
   Sometimes if the fence is in a bad way nice neighbours share the cost.
         I see no reason why you cannot save a little if you can to pay in instalments. Also if you were responsible you would have to get a loan.
       Suppose you had a dog ? The fence is now up so here is the question.
If you had the money would you pay?
       Assume it is not in the deeds and the right hand side. 

You say no for whatever genuine reason? You have no say in how they will react and you will not ask them for help on the future?
     

MeteredOut

Where are people getting this "left hand side", "right hand side" thing wrt to who "owns" a fence? Unless written into deeds, its up to the individual neighbours to resolve the issue.

And even a T on the deeds, with no explanatory notes, cannot be 100% relied on to specify responsibility.

EDIT: See, for example: https://www.blbsolicitors.co.uk/blog/boundary-fence-rules-uk/

Tullas

RealPersonB said:

I'm surprised to see so many comments suggesting the author should simply not pay. Clearly, the deeds need to be checked to determine who is responsible for the fence, and that will establish who should cover the cost. But if the fence is 100% the author's responsibility, or even shared 50/50, then they must find a way to get the work done. Full stop. There's no room for debate. Maintaining a cordial relationship with the neighbours and speaking to them openly may help, especially if they are in a position to contribute or proceed with the repairs sooner. However, if the neighbours take on the cost, the author should repay them, even if only in tiny instalments over time. I find it baffling that some people believe not having the money is a valid excuse not to pay. It's no wonder Britain is on the decline...

Absolutely agree with your comments - I couldn't have put it better myself.

ShinyStarlight1

If my neighbour genuinely told me that they couldn’t afford it and were struggling financially already, I would have great sympathy and take the pressure off them regarding the fence. 

What I would do is discuss with them an alternative fencing solution, perhaps using plants. Although young plants take a short while to grow tall, they are cheap compared to typical fencing solutions and could provide colour, fruit, scent, or nesting sites for wildlife and ourselves. 

Section62

MeteredOut said:

Grenage said:

MeteredOut said:

RealPersonB said:

I'm surprised to see so many comments suggesting the author should simply not pay. Clearly, the deeds need to be checked to determine who is responsible for the fence, and that will establish who should cover the cost. But if the fence is 100% the author's responsibility, or even shared 50/50, then they must find a way to get the work done. Full stop. There's no room for debate. Maintaining a cordial relationship with the neighbours and speaking to them openly may help, especially if they are in a position to contribute or proceed with the repairs sooner. However, if the neighbours take on the cost, the author should repay them, even if only in tiny instalments over time. I find it baffling that some people believe not having the money is a valid excuse not to pay. It's no wonder Britain is on the decline...

Out of interest, when deeds specify that some is responsible for a boundary, will it every determine what that should be?

If such a clause does exist, I suspect it will merely say a boundary must be maintained.

Hence my original post saying a few canes a piece of string.

Or do deeds typically have something more substantive (eg, replace like-for-like)?

Deeds will stipulate requirements on the very rare occasion there are any.  My parent's neighbours' deeds state that they must maintain a 6-foot fence. 

For the vast majority, maintaining the boundary does not require anything beyond a bit of string.  If you have pets then you are obliged to restrict them to your garden in some fashion.

That's what I though (an my experience too). So very unlikely in this scenario that the deeds could force the person to put up a new fence. And no need to pay if the neighbour can't afford it; if the neighbour wants a new fence, that's their choice - and they can build it entirely on their side of the boundary line if they wish.

The deeds can, and sometimes do, specify the exact requirements for the boundary fence/wall.  E.g. height, material, finishes etc.

There's no information in the OP about what the deeds say, so we can't comment on whether or not the poster has an obligation to provide and maintain (or share the costs of) a fence.

Section62

ripongrammargirl said:

...
From my understanding of having owned 4 properties, I was always told by my solicitors (and it was always drawn in the deeds) that there were no “shared” fences as every property should have clear boundaries; anything to the left side of your property when facing your front door is your boundary and anything to the right is the neighbour’s responsibility. I’m sure this is standard, at least that is what I was always told (and by estate agents as well) so I would use this rule of thumb. But do check your title deeds as it may not even be your side to worry about....

The solicitors and estate agents were wrong.

Boundary features such as fences and walls absolutely can be a shared responsibility.

The left/right thing is a myth.  Responsibility is purely contained within the deeds (or not).  If there is nothing in the deeds then there is no responsibility, except as others have said where you have animals (such as a dog) and need to keep these on your land.