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Shared fence- what's fair?

21 replies

BertyFlanter · 01/03/2022 20:05

Just wondering what people might think is fair before I have a conversation with my neighbour.

We have a shared fence, confirmed in the deeds, which is getting to the end of its life, partly due to lack of maintenance over the years (we have only moved in a couple of years ago).

We are going to have to have a conversation as the neighbour is wanting to sell so needs it to look good. I'm not against getting a new fence but don't have an awful lot of spare funds so wouldn't necessarily choose to have it done straight away, or all at once.
So my dilemma is that both shared fences in my garden (2 neighbours) have the bad side of the fence facing me. It doesn't particularly bother me as it was like that when I moved in. However I am against paying 50/50 for it to be replaced and still end up with the bad side of the fence.

What do people think would be a fair split for having the bad side? 75/25 65/35? I get on with the neighbour and don't want to fall out even if he is moving soon.

Btw, I know there are fences that are good on both sides but costs would prohibit me and also from what I've heard he doesn't want to spend any more than needs be either.

OP posts:
Useranon1 · 01/03/2022 21:10

Given your neighbour is moving, wouldn't they agree to give you the good side?

TheHoptimist · 01/03/2022 21:11

Get a fence that doesnt have a bad side?

UniversalTruth · 01/03/2022 21:14

I don't get the thing about bad side of fencing. It doesn't even look that bad - I just accept that's how it looks

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SoftwareDev · 01/03/2022 21:15

I'm think that you replace like for like. Therefore you get the "bad side" with replacement (unless you are willing to pay extra for double nice side fence).

I'd be annoyed if you suggested otherwise.

MimiSunshine · 01/03/2022 21:18

Wouldn’t it be better to match your other two sides so that means you have the bad side?

BertyFlanter · 01/03/2022 21:23

I'm not bothered about having the bad side, just about paying 50/50 for it!

The double sided panels are out of both of our price range.

OP posts:
OnTopOfThePiano · 01/03/2022 21:26

Just say you can’t afford it? If they are doing it so it looks good they can pay surely

ThatsALotOfPassionfruit · 01/03/2022 21:28

Yeah I think you might be pushing your luck tbh. It’s primarily to mark your boundary and give you privacy, it does that whether it’s good or bad side.
You could appeal to your neighbour as he’s moving to see if he’ll give you the good side as he won’t be there to ‘enjoy’ it.

BertyFlanter · 01/03/2022 21:36

I really don't care that I'm getting the bad side! One of us has to and as per PP it matches the other neighbours side.
However if it was the reverse I would expect to pay more to have the attractive side. Also I reckon we could get another year at least out of the fence, but it's become more time critical because of his life choices.

OP posts:
Qwaszx · 01/03/2022 22:06

I don't understand this. How do you share a fence? One neighbour wants a 6ft one, the other 3ft wire fencing... Who wins?

The deeds should show which property is responsible for the upkeep of which fence line. Don't yours?

In my garden, I'm responsible for the left, but not the right.

And it was my understanding, that the etiquette is to give the good side away.

TheRealityCheque · 01/03/2022 22:12

Concrete posts and panels don't have a bad side and should only cost 15-20% more than wooden panels with the 'sides'.

Additionally the posts will last forever and only a panel will need changing in future. So much cheaper in the long run.

Lineofconcepcion · 01/03/2022 22:15

The bad side, as you call it, is your side because when it's your fence the posts need to go on your side of your property not your neighbours.

QueenslandBlue · 01/03/2022 22:16

If you can't afford it, it would be silly to get into a discussion.

Just say that you can't afford it, and you are not currently concerned about the condition of the fence. There's no law that says you must have lovely, functional fences up to mark your property.

Lou98 · 01/03/2022 22:25

Has your neighbour actually said they're bothered about having the good side?

Spectre8 · 01/03/2022 22:32

Who owns responsbility of the fences thats what matters. If its you then its up to you to decide when to maintain it. Its not down to the niehgbours, tough luck if it looks bad. If they want to change the fence so it looks better to help their house sale then they can pay for it, you shouldn't need to pay a penny since they are the ones insisting on it. If they own the fence then obviously they just crack on and you don't pay anything.

BertyFlanter · 02/03/2022 07:42

It's specifically in the lease that it is joint responsibility for repairs and maintenance as I said in the first post!
I'd rather it had specified one or the other was responsible, would be a lot easier as someone is bound to feel a little put out this way.

Anyway I'm going to tell him I can't afford it right now, but if he wants to go ahead I can offer labour for it. I have 2 healthy DC and myself who can dig and mix etc (his son is the contractor so shouldn't be an issue). That's the contribution I can make at the moment.

OP posts:
dontgobaconmyheart · 02/03/2022 08:33

If you don't want to replace it I can't see the issue OP, and wouldn't bother offering 'labour' which would likely be a hindrance rather than a help, not withstanding that you aren't insured against injury or damage and a contractor will be.

If the neighbour thinks one side of a fence not being modernised will make drastic differences to an attempt to sell the building they are disillusioned. Personally I'd just tell the truth and politely say it wasn't financially viable at the moment and see what, if anything, they propose. They can't force a contribution and ultimately are moving out anyway. I'd let them know I would give my own gardens and the front of my property a freshen up in advance of estate agent photos and viewings etc but if it's not affordable and you don't want it there isn't much else that you need to do.

If you do say you'll make a % contribution be sure to see confirmed costings first. If it's his own son doing it you may find it's a good opportunity to get it done cheaply, relative to after they move and having to pay a trade, which is worth considering if you can source the funds.

Lou98 · 02/03/2022 10:14

@BertyFlanter

It's specifically in the lease that it is joint responsibility for repairs and maintenance as I said in the first post! I'd rather it had specified one or the other was responsible, would be a lot easier as someone is bound to feel a little put out this way.

Anyway I'm going to tell him I can't afford it right now, but if he wants to go ahead I can offer labour for it. I have 2 healthy DC and myself who can dig and mix etc (his son is the contractor so shouldn't be an issue). That's the contribution I can make at the moment.

I think that's fair enough as they're wanting it replaced to sell rather than feeling it needs it as it's done, unsafe etc.

We're in the middle of selling and there is communal areas between us and next door that do really need replaced but we're covering it, wouldn't even have thought of asking them as it's us that need it done

jelly79 · 02/03/2022 19:23

After I moved in I wanted the garden done. Spoke to neighbours (3) that the fencing impacted
1 - offered to go 50/50 without me asking
2 - offered and then didn't pay as they sold the house
3 - didn't offer

I didn't ask anyone for money. I got the good side

Youcansaythatagainandagain · 02/03/2022 19:40

@jelly79

After I moved in I wanted the garden done. Spoke to neighbours (3) that the fencing impacted 1 - offered to go 50/50 without me asking 2 - offered and then didn't pay as they sold the house 3 - didn't offer

I didn't ask anyone for money. I got the good side

We did exactly this and got the same answers! We paid for it and got the ‘good’ sides.
ReeseWitherfork · 02/03/2022 19:50

Everyone missing the point of the question? Low ball it first maybe 70/30? Negotiations can go from there. I reckon I'd be willing to pay 40% for the bad side though.

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