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

WIAWSNB

Hi Adam.

I think you have enough on your plate at the mo' without this. But, I agree with others - you should be upfront about it with your neighbour, and explain your reasons (lots of current financial pressure, wife not prepared to contribute, and the new owner will expect to have to upgrade the house in other ways too - so you hope it'll include their contribution to the fence.)

Having said that, you may wish to consider whether a spanking new fence would help your place to sell, or a ramshackle one give pause?

Do you have any idea of the potential cost of this fence? What length is it?

And now the facts - as said by others, a physical fence is not required unless written into the deeds in a manner that can be enforced. That is very rarely the case. So, at its most basic, if you don't want to, you don't need to. (Unless you need to secure your property).

Are your houses semi or terraced? If so, it should be easy to determine the exact boundary line. If the fence sits on the neighbour's side, it's theirs. Straddles, it's party, on your side it's yours.

For 'theirs', you can let them get on with it. Straddles is the most awkward, and there's a stronger moral case to contribute as it's meant to be a 'shared' responsibility and decision. On your side, it's your call, so if you want to delay replacing it for another year, that's up to you - neighb will have to suck it up (unless it's at risk of falling...). Like anything else to do with the house, you can legitimately leave it to the new owner if you have good reason.

So, does it 'straddle'?

Section62

https://forums.moneysavingexpert.com/discussion/comment/81913768#Comment_81913768

The OP (or their wife?) said "the house has so much that potentially needs doing that we will likely take a hit on the sale price" - so by the sound of it the condition of the fence won't be the main issue - it may be the wife has a valid point that spending money on a new fence won't make enough of a difference to recover the cost…. that it might be better to cut their losses and sell in the current condition. In an ideal world you might make improvements before selling, but only if they are likely to be profitable, and it does need access to cash to pay for them before the sale proceeds arrive.

Also, if "Ordered to sell up" means there is already a court-approved financial order (or an interim one) then the costs of arguing about this may be more than anything which could be financially gained by having a new fence.

It would probably be worthwhile documenting the neighbour's concerns and the possible financial impact of selling without this resolved - either by an exchange of emails/letters, or by a letter to the wife's solicitor (if applicable). Worst case is possibly the wife claiming she was never asked about the fence and taking (further) legal action to recover losses from selling the house at a lower price due to the fence issues.

gwynlas

You appear to sound very demoralised at the moment.

Please do not let this affect how you go about selling your house as you both need to achieve as high a price as possible in order to move forward.

Search forum for advice on decluttering and presenting house as clean and tidy fixing any small problems that are within your capabilities.

Get valuations from at least 3 local agents and go with the one who is the most realistic given the circumstances.

Remember you need a financial settlement as part of divorce, ensure that this is fair and equitable

theartfullodger

Presumably (?) property in your and your wife's name? If so you need get agreement over expenditure or sale.

jimbog

just say your wife says no

Vectis

You could, of course, get your own quotes for replacing the fence - not that I'm suggesting that your neighbour might be trying it on, but it's often safer to get your own.

Honestly, though, if the house is in a bit of a state, as you suggest, the fence might be the least of the issues. If you and your wife are happy to take a hit on the price just to move on, then I'd say do that (or rather, do nothing!).

Of course, from a money saving viewpoint, in the long run you'd be better financially to get some work done, including the fence, but I can understand you perhaps wanting just to draw a line under it and move on.

Eilidh1970

However you handle it, try to make sure it doesn't result in a dispute with the neighbour as you'll be asked about any disputes when you come to sell the house.

ExEstateAgent

As said you're easiest 'get out' is to tell the neighbour that you're going to have to sell up and that your ex isn't willing to pay anything out on the property. You can say you'll mention the 50/50 split to whoever buys the house and they can arrange the works then between them (could actually be a benefit to a potential buyer if they're otherwise thinking of the cost/hassle of arranging it afterwards).