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Fence issue!

9 replies

HippyHippopotamus · 12/05/2016 18:51

Our neighbour owns the boundary so they're responsible for the fence. It needs replacing. We've got young children and there are rusty nails poking out on our side.
Despite being here years, I don't know the neighbours for more than just saying hi. But, I explained to him that the fence was dangerous and he said he'd fix it. He has done a botch up job but it is still dangerous.
I've priced up the job and it comes to £400
Should I
A) just tell him I'm buying them and not ask for a contribution
B) offer to go 50/50
C) insist (nicely!) that he pays but offer to do all the work

Over to the mumsnet jury!

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Indantherene · 12/05/2016 18:55

Legally he doesn't actually have to replace it. You can't insist he pays.

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LyndaNotLinda · 12/05/2016 19:15

I'm afraid Inda's right. He doesn't have to do anything at all.

I'd go for c) and see if he offers to contribute - he may do

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HippyHippopotamus · 12/05/2016 19:34

Really? Even if it's dangerous? Ok, well that's good to know at least.

Thanks girls

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justwhatineeded · 12/05/2016 20:37

If it troubles you then you can build your own fence infront of his. In this case if he is ok then you might as well just offer to put up the fence. He doesn't have to do anything im afraid.

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LIZS · 12/05/2016 20:41

He only has to mark the boundary, not erect a fence to your needs. You however can install one your side of the boundary.

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CodyKing · 12/05/2016 20:46

Yes install one your side - then you can do what you like.

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Normandy144 · 12/05/2016 20:47

I'm in a similar situation, so glad you have asked the question. We've just moved in and the boundary to our right is our neighbours responsibility. Sadly it's not even a fence. I think once upon a time it was a small hedge but it's now a patchy mess of brambles about waist height. So we can comfortably see into his garden and vice versa. There's also a lot of nettles which ain't ideal with a two DC under three.

So if he's not obliged to maintain it in an orderly fashion, am I allowed to trim it and tidy it somewhat on my side? Eventually we will put a fence up on our side of the boundary or would we be better removing the hedgerow entirely and putting the new fence in exactly on the boundary line? Can he object?

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DooblieDooo · 12/05/2016 21:12

hippy if you are planning on staying long term I would erect your own fence next to the neighbours. You can paint it/stain it and grow things up it because it is yours.

It makes for a happier life if in the future new neighbours move in and demand you remove plants from their fence.

I would photograph the fence as it is now, but also video it with running commentary. That way you can show what state the fence was in when you took the decision to erect your own fence and why.

Normandy the law allows you to trim back any branches/bushes back to the boundary line and by law you have to offer the cuttings back to the owner. This doesn't ever mean chucking them into their garden

A boundary line is a very hard thing to define really. On a title plan the scale would mean that genuinely some boundary lines are incredibly thick. They sometimes line up with something but still a fence is nowhere near as thick as a boundary on a title plan (I have spent way too long on GardenLaw website)

So I would tell the neighbour what you intend to do. That way it gives them the opportunity to cut it back themselves. Also make it sound like you are doing them a favour with well I wouldn't want you to end up with lots of balls in your garden from my children etc etc. Sweetens the deal a bit.

You can erect the fence on the boundary but that would mean cutting the hedge back beyond what you are allowed. So if they aren't happy I would just put it on your side of the boundary.

My FIL was unhappy that the 3ft fence between his next door neighbour and the next door but one neighbour was being replaced with a 6ft fence because it would spoil his view of being able to look over lots of gardens and not feel closed in. And that wasn't even his fence with his neighbour!

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HippyHippopotamus · 16/05/2016 11:38

I messaged him, explained dangers, told him about a good deal I'd found on panels and said that our contribution would be doing all the work.

He's just come round and said he's ordered 3 panels when can he have access in our garden to install them!

Not sure what he's doing about the other 6 panels but I'll worry about that once the worse ones are swapped over!

Thanks for all the advice!