Fence issue

[ClinicallyProven]

Our neighbours are a couple in their 90s who love their garden.

The boundary between us and them is a post and wire fence in very poor repair, that's been there 60+ years. There is however a thick hedge on their side of very prickly bushes. This has never been an issue, I trim my side of the hedge, the trim theirs, the boundary is adequate for us, we can't see the fence because it's deep in the middle of the hedge, neither have pets. When DC were small, neighbours used to poke lollipops through the hedge 🙂

Anyway, the time has come when they need to leave their big house and garden and apparently prospective buyers are asking for assurances that we will replace the fence (it is our fence).

I accept responsibility for the fence, although I'm happy with things as they are, if there was suddenly no hedge, I'd install a proper fence. However, putting a new fence in currently would be a huge job....because of the hedge.

What's a suitable response? Neighbours are lovely and I certainly don't want to cause them any stress and I'd like to be on good terms with any new neighbours, but...

Personally I wouldn't replace it.

Can you not replace the existing arrangement like for like? If the new ndn were to have pets it might be better longer term, for example.

How? Not without the hedge coming down. The actual boundary is deep inside the very mature hedge.

Whose hedge is it?

Who do they think they are ? They can’t move into a new house and start dictating to the neighbours. Tell them to take a hike.

The hedge is neighbour's, the shrubs were originally planted along their side of the fence and thatsbwhere the "trunks" are, the bushes have been allowed to grow through the fence so we each have part of the hedge in our garden iyswim.

Just say yes. It’s not binding in any way. And once new neighbours are in you can discuss it with them.

Only agree if it is something you want to do. If you don't and are happy with the current arrangement they can pay to install one on their side of the boundary.

I would just say yes providing the new owners remove the hedge first. That is a nightmare job.

Basically if the hedge was removed, I'd put up a new fence, but it's practically impossible to do while the hedge is there and I'm not prepared to do/pay for the work to have the hedge removed or cut back to the boundary line.

If it's their hedge just say yes, they remove the hedge and you'll do the fence.

Then say that personally I would rather a hedge but some folks just don't dig the green stuff

Just say that then. Tell your neighbours that at the moment, with the hedge there there's nothing you can do. However if they wish to remove their hedge, you'd be happy to get a fence sorted.

Say that once the new neighbours have removed their hedge you're happy to replace the fence.

No why do you have to change it. Leave it as it is if they want a fence they can add one themselves and pay.

I think the issue will be that animals could get throught the hedge and/or that it really is a very prickly hedge that runs along a path on their side. You wouldn't want little children close to it, very sharp thorns, that hurt! . On our side it's along the back of a border.

I'd much rather have the hedge, but accept I have no control over it.

Tell them you are very happy with the hedge and it's massive benefits to wildlife in both your gardens and if and when they remove the hedge, if it's necessary, you will replace the fence.
Perhaps they just want your acknowledgement that the boundary is exactly where the fence is and is your responsibility.
There is nothing to stop them putting their own fence up just inside the boundary if that's what they want, but you don't actually have to unless it's a condition in your deeds (ours is).

I personally wouldn't commit to replacing the fence if what is there is perfectly adequate. If you give in to your 'new neighbours' calling the shots before they've even bought the place you might be in for a rough ride...

Worth knowing fencing is crazy prices at the moment (well in Cambridgeshire it is)

No why should you pay for a fence if you are happy as it is?

Say you prefer to leave it as it is but you are happy for them to change it if they want. If you really want to be generous, say you’ll pay half the cost.

Are they aware that a)the hedge is theirs and b)the current fence is buried, therefore the hedge will need removing first?

If so, let them know that once they crack on with the hedge you’ll replace the fence but you can’t do anything with the hedge there.

I’d just say, yes, I can confirm that the fence is our responsibility to maintain and replace and if the new owners wish to remove the hedge, we will replace the fencing.

We have a similar issue in that the boundary we’re responsible for maintaining is inside a leylandii hedge that I despise, but as the trunks are not on my land I can’t remove it. I won’t replace any fencing whilst the hedge is there, so if the fencing inside the leylandii is inadequate I can’t do anything about it.

I would just say that the hedge belongs to whoever owns the other property and it would be up to them to remove the hedge at their expense.
is the existing fence not jointly owned?
if you do not want to put up a fence you could always say sorry but we can not afford to do that. Or alternatively ask the neighbour to pay half the cost.
or your neighbour could pay for a fence to be installed on their property.
if you are happy with things as is you could just say sorry no we would not be installing a fence.
if you are on good terms with your neighbours i do not see this as being a issue.

If the hedge is across the boundary it might have become a joint hedge. Worth looking into if you don't want it removed.