Wife left, Ordered to sell up, Neighbour wants me to split cost of fence

Adamc

my neighbour spoke to me a year ago about possibly splitting the cost of a fence in the back yard. He mentioned they’d always just gone 50/50 with the neighbours for fences and walls as the deeds don’t make it clear who is responsible. Looking out at the yard this fence is on the right.

I didn’t confirm i would agree to it but i said I’d have a look at the quote. I suspect they assumed I’d agreed to it. Almost a year has passed and the fence is upright but in very poor repair. The gentleman has since passed away. His wife saw me yesterday and said the chap supposed to quote for the fence last year continuously let them down and she had now found someone to look at the fence and she’d let me know what they say.

Since this my wife has left and I’m having to sell the house as I can’t afford the mortgage alone and will need to fund a new home and split our finances.

My wife will not agree to contribute as she says there’s no proof we are responsible and our situation has changed dramatically. She also brought up the irrelevant fact that the neighbours own a property in Spain and two in the UK.

Morally this is a bit of a grey area to me. While i absolutely haven’t agreed to anything i feel awkward given the lady’s bereavement and possible misunderstanding about splitting the cost. I also don’t know what her late husband told her about it. I also know what my wife is saying. We won’t benefit from the fence and the house has so much that potentially needs doing that we will likely take a hit on the sale price.

Adamc

i should also mention this is the replacement of old wooden posts, panels and trellises with concrete posts and new panels.

elsien

Be honest with her - that due to your personal circumstances it’s not something you can carry on with at the moment.

Even if it was your fence there is no obligation on you to replace it. As long as you don’t mind a bit of string between you and next door and your dog isn’t continuously getting out to demolish their garden.

Adamc

https://forums.moneysavingexpert.com/discussion/comment/81913647#Comment_81913647

i really don’t care about the house, fence, or anything. I just want to recover from the divorce and rebuild my life.

elsien

No and that is quite understandable but it would not be fair on your neighbour to let her go ahead to presuming the cost will be shared.

Adamc

yes I agree with that

Grumpy_chap

Simply explain that with your change of circumstances, you are not in a financial position to contribute to the costs of the fence. Be sympathetic, as she has also experienced a change of circumstances.

If you think the fence will last another year or so, suggest it might have to stay as it is and be reconsidered a bit down the line. Alternatively, if you think a DIY solution would extend the life of the fence for a short while extra, are you able to offer to have a look at what you can do once the weather improves?

subjecttocontract

https://forums.moneysavingexpert.com/discussion/comment/81913689#Comment_81913689

The op had only told his neighbour that he would take a look at the quote and not that he would definitely agree to share the cost. You seem to be the one making assumptions.

Brie

https://forums.moneysavingexpert.com/discussion/comment/81913734#Comment_81913734

We don't know what the neighbour told his wife about the situation. He might have said it was sorted and she assumes that includes an agreement to split costs. Best as elsien said to be fair to her and say it's beyond his means. That is better even if he had said that he'd agreed a year back or whenever.

Slinky

Problem with not agreeing to go ahead is that a dodgy fence, with unknown ownership and liability to pay, could put off potential purchasers. Depending on how much it costs to get it fixed, it might just be worth biting the bullet and paying for half.

Worst case scenario is that the sale uncovers proof that the liability is not split, but is actually fully the OP's property's responsibility which will then fall fully onto a future owner.

Tabieth

Just say your circumstances have changed and you can no longer afford it.