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Who should pay what

24 replies

saywhatwhatnow · 14/04/2022 09:18

We have recently moved into a house and one side (and the back) needs completely new fencing. It is mostly rotten and some of the posts are loose and swaying. We didn't realise the extent until we had some trees removed. We thought it was our side but it's actually the neighbours, so we've been round and explained the situation. They are lovely and have agreed that we should get some quotes and go from there. They can't actually see most of it as they have buildings/sheds very close to it so it doesn't really affect them. Me and DH disagree on how we should split the cost, as does everyone we've spoken to. Should we split the cost evenly or work out per panel (as the back is it is our responsibility)? First quotes are coming in at over £2k so it's not small change either way.

OP posts:
coodawoodashooda · 14/04/2022 09:20

If the back garden is your responsibility then there is nothing to work out.

dementedpixie · 14/04/2022 09:21

Just because they have responsibility for that side doesn't mean they need to have a fence there. By all means show them the quotes but they aren't under any obligation to pay for the new fence.

GOODCAT · 14/04/2022 09:22

When you bought the house what were you told about who owned the fence. It will either be in the title documents or the answers given by the sellers.

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MrsRobinsonsHandprints · 14/04/2022 09:22

You removed trees (shame) you want a new fence.

You should pay for it all.

dementedpixie · 14/04/2022 09:22

@coodawoodashooda

If the back garden is your responsibility then there is nothing to work out.
She said the back fence is their responsibility not the back and the side
LoudingVoice · 14/04/2022 09:25

If it’s their side technically they should pay, if you’re happy to offer to split it that’s for you to decide but I don’t understand how splitting it per panel would be fair either way?

Agree a proportion you’re happy to contribute.

caringcarer · 14/04/2022 09:26

You pay for back as you are responsible and share cost of side. That is what often happens with side bits neighbours share costs. But back bit is just down to you

saywhatwhatnow · 14/04/2022 09:26

Sorry I should be clearer, the side is theirs and the back is ours. We actually removed the trees because the roots were going in under their foundations, overhanging their property and causing issues for both of us. They were very pleased when we said they they were going.

I just through you should keep your boundaries in good repair, and rotting and practically falling down fencing is not such.

OP posts:
Stompythedinosaur · 14/04/2022 09:27

You need to fully pay thr proportion of the fence that you are responsible for. For the section your neighbour is responsible for, they might pay half, but it is clearly only you who is being effected by the fence so they could also decline to pay at all and wouldn't be unreasonable to do so.

ZarquonsSandals · 14/04/2022 09:27

Always good to try to maintain good neighbourly relations, and they sound reasonable people.
If it is their fence (check which boundaries belong to whom) then it's their cost. However - if things in your garden have damaged the fence then contributing to the cost is a sensible thing to do, if you can afford it.
We recently replaced panels at our expense despite not being our boundary as ivy in our garden had completely swamped and heavily damaged them.

saywhatwhatnow · 14/04/2022 09:27

That's my suggestion @caringcarer

OP posts:
LoudingVoice · 14/04/2022 09:28

Sorry I misread the OP, you each pay for the part you’re responsible for - if the back is your responsibility you pay it, and you can ask if they’ll pay the side that’s theirs - if they want to, since you removed the trees and it wasn’t an issue before they might not think it’s a priority.

dementedpixie · 14/04/2022 09:28

They might not be bothered that its in disrepair if they can't see it. If they are unwilling to pay then you could put the new fence in front of the old one on your own property

Stompythedinosaur · 14/04/2022 09:28

There is no legal obligation to maintain a fence on a boundary you are responsible for. They don't have to pay for the fence at all.

IncompleteSenten · 14/04/2022 09:29

Depending where you are, there's no legal requirement to have a fence at all so I'd be mindful of that when talking to them and tell your husband to not go in making demands. They could remove the fence and leave it open and if you wanted a fence you'd need to put one up on your property.

ShowOfHands · 14/04/2022 09:30

I don't suppose it really matters who you and dh think should split the costs as it's a conversation to have with the neighbours about what they think. They seem amenable so hopefully, there will be a solution.

Where I live, we've had a few fence panels and posts needing replacing and the person with responsibility for them has always paid, sometimes that's me and sometimes that's a neighbour.

And we've had trees taken out btw @MrsRobinsonsHandprints because they were either diseased or planted too close to a house and damaging foundations. We replaced every tree with at least one other in a different and more suitable location. It isn't an automatic shame. Sometimes it's necessary.

ArmWrestlingWithChasNDave · 14/04/2022 09:30

You're the ones who want it and you're the only ones who will benefit (as they can't see it) so you should pay.

IncompleteSenten · 14/04/2022 09:31

You pay for the back and talk about the side separately. The cost of your portion is not relevant to what they will do with theirs

saywhatwhatnow · 14/04/2022 09:32

@IncompleteSenten we will absolutely pay for the back, I was just getting quotes in for all of it as would be ideal to get it done together, and probably cheaper.

OP posts:
coodawoodashooda · 14/04/2022 09:39

@ArmWrestlingWithChasNDave

You're the ones who want it and you're the only ones who will benefit (as they can't see it) so you should pay.
Yeah.
Petronus · 14/04/2022 09:43

In this situation, where the fence belonged to the neighbour, was damaged but they couldn’t see it, we paid. It irked me a little bit, but I wanted a nice fence for my garden. We replaced the panels ourselves though so it was hundreds not thousands - is this an option for you?

JustPlainKnackered · 14/04/2022 09:54

I have to say that I would just crack on and pay for it. Let them know what you're doing but if you try and make them pay for a fence they don't benefit from and can't even see, they are likely to only agree to the cheapest, crappiest fence they can find. And you'll wind your new neighbours up. They might be more inclined to offer you a co tribute on if you're not a PITA about it. Tread carefully, having bad feeling between neighbours can really sour the feeling of your home being your sanctuary.

coodawoodashooda · 14/04/2022 11:57

@JustPlainKnackered

I have to say that I would just crack on and pay for it. Let them know what you're doing but if you try and make them pay for a fence they don't benefit from and can't even see, they are likely to only agree to the cheapest, crappiest fence they can find. And you'll wind your new neighbours up. They might be more inclined to offer you a co tribute on if you're not a PITA about it. Tread carefully, having bad feeling between neighbours can really sour the feeling of your home being your sanctuary.
I think that is excellent advice.
TheHoleNineYards · 14/04/2022 12:02

Honestly, if my neighbour came to ask me to contribute £1k to a fence I would laugh… then refuse.

It doesn’t sound like they will benefit from this new fence and they have no obligation to pay for it, so if you want it, I would prepare yourself to pay for all of it.

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