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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To not want to pay (or at least not as much) towards the cost of the neighbours fence?

57 replies

addictediam · 30/06/2011 18:18

This is a bit complicated so i apologise, i also don?t want to be unreasonable by stealth so please bear with me.

Just over 2 months ago we moved in to a new house, it?s the first house we?ve owned so I?m not really sure how these things work anyway!

In the back garden the neighbour that backs on to us is responsible for the back fence. He has recently come to us and asked that we pay half the cost of replacing his whole fence (so the side that backs on to us plus the two sides that have nothing to do with us.)

There was nothing in the legal pack but he claims to have had an arrangement with the previous owners that they would do this every 2 years.

And here is the reason - the bottom of the fence is rotting, flaking away and it looks bad on his side. Around the whole of our garden we have a raised bedding plot and he claims the fence is rotting because the soil is against the fence.

BUT having had a closer look at the bedding plot and fence we have noticed there is a brick wall at the back (as there is at the front) along with a 2 inch gap so no soil is actually touching his fence from our side.

Here is the other thing. The fence is rotting on all 3 sides, not just ours. They have a dog that uses the fence to urinate. I think this is the reason for the rotting.

I have reluctantly offered to pay half of the back fence (we really can?t afford it right now, but to keep peace i will find the money!) but don?t want to pay any money towards the rest of the fence. He says this isn?t fair and i need to keep to an agreement that was made by the previous owners

So should i suck it up and pay what he wants, pay for half the back fence or just refuse to pay anything?

OP posts:

QuietTiger · 30/06/2011 18:46

He is seriously taking the piss. If he is responsible for the back fence, then HE pays for the back fence.

We share a boundry with our neighbour and he is responsible for the fence. in a gesture of GOODWILL (because we're good friends) we paid 1/2 of the cost of the fence, but we weren't responsible for "replacing" it and we only paid for 1/2 of the fence on our boundary (in this case, 1/2 the number of panels needed), not the rest of the fence.

Tell him to sod off and find some other mug.

theliverpoolone · 30/06/2011 18:47

For reasons too long and boring to go into, I know a fair bit about garden fences and whose responsibility they are . He's trying it on, big time, and its nothing to do with you if the previous owners fell for it - or didnt flag it up with you in the legal questionaires about boundary responsibilities etc. If you do pay him half for your bit, put something in writing confirming what you paid and why, and keep a copy. And - no fence needs replacing every 2 yrs! Treat it with a bit of wood preservative and it'll last years.

SoupDragon · 30/06/2011 18:50

Personally I would always pay for half of a shared rear boundary if asked. I wouldn't pay for his whole damn fence!

When I've bought in the past, I'm sure that the sellers questionnaire used to specifically ask whether you had ever contributed to maintaining shared boundaries. If this doesn't mention anything, what the previous owners did is meaningless. It's probably meaningless anyway.

SuePurblybilt · 30/06/2011 18:52

Ah, missed a bit, I thought you wanted your bit done. Pay for nowt then.
Honestly, who does a fence every two years?

Fifis25StottieCakes · 30/06/2011 18:52

Jesus, shes lucky her SS never met anyone from round my way. Cheeky, snotty bitch.

Fifis25StottieCakes · 30/06/2011 18:53

ooops on the wrong thread

Adagoo · 30/06/2011 18:53

Don't pay!

His fence, he pays. Just tell him you'll discuss it further when he produces the non-existent agreement.

My neighbour posted a letter (didn't come and speak to us, oh no) to tell me he wanted me to pay for the damp to be fixed where his guttering leaked 2 doors down, as our house shares the intermediate downpipe. I ignored it and he went away.

If the fence needs replacing every two years then that dog needs to get out more. And drink more water. He needs to put a post in the middle of his garden so the dog can pee up that. [knows nothing about dogs emoticon]

ThePrincessRoyalFiggyrolls · 30/06/2011 18:55

Err - NO
Do not pay, this man is taking the piss.
If there is nothing legal then tough titties.

Original poster

addictediam · 30/06/2011 18:55

thankyou, right i'm not paying anything then. your right just had a little nosey down the gap it actually doesnt look like there is anything wrong (on our side anyway)

OP posts:

LIZS · 30/06/2011 18:57

No don't agree. Law is on your side .

Fifis25StottieCakes · 30/06/2011 18:58

Dont pay for it. Tell him you will pay for half of a breeze block wall (cheap and nasty) which wont rot.

Blu · 30/06/2011 18:58

Don't pay for any of the fence nless it is a shared boundary.
If it's his responsibility, it's his responsibility.
His request is really out of order.

Blu · 30/06/2011 18:59

And another thing: the convention is that the person who owns and buys the fence puts the 'good' side facing the neighbours.

loiner45 · 30/06/2011 19:01

he is trying it on - I agree with all other posters here.

have a look at these people
"For more information about boundary disputes, see the website of RICS at: www.rics.org. RICS also operates a boundary disputes helpline. They can put you in touch with a chartered surveyor who can give you 30 minutes free advice. The helpline number is: 0870 333 1600.

If you think that the boundaries are not defined in the title document or lease, or that the boundaries have been changed by agreement or encroachment, you will probably need to get legal advice from a solicitor."

more info on this website here

southofthethames · 30/06/2011 19:02

Sounds like he's trying to pull a fast one. You can always ask your citizens advice bureau whether he has any leg to stand on legally - am guessing probably not?

PuppyMonkey · 30/06/2011 19:08

Just tell him you've taken advice from a solicitor and you've been told it's not your responsibility.

rebl · 30/06/2011 19:15

Don't pay him a penny. Its not your fence and the agreement he had with the previous owners was with the previous owners, not you. Plus, every 2 years to replace a fence, he's buying a crap fence clearly!!

pengymum · 30/06/2011 19:19

He is taking the proverbial! His fence, he pays. And no fence needs replacing every 2 years! He is obviously a chancer as if all his neighbours paid for half the total, he would be getting a new fence and making a profit on top!

A few years ago, I lived in a house with a low fence on one side and a high fence on the other, acc to deeds low fence was my responsibility. Neighbour on that side wanted a higher brick wall built for privacy but I couldn't afford it and wasn't bothered anyway. Neighbour organised and paid for wall to be built but I did not contribute. They wanted it and so they paid for it. In your shoes, I wouldn't be paying anything at all.

mylovelymonster · 30/06/2011 19:26

There seems to be no reason for you to shell out for his fence. It's his boundary and his responsibility alone.

I wouldn't mention solicitors, I would just be very sweet and claim utter poverty and keep relations cordial.
You do not want to fall out with a neighbour, and not one who seems to be manipulative and coniving.

tigermummy35 · 30/06/2011 19:40

OMG, our fence has been up for over 20 years! He's having a laugh! His fence, his problem!!

TiggyD · 30/06/2011 19:44

2 years? Sounds rubbish. If it were true it would mean he hadn't looked after his fence properly. It must worry you having such a dangerous fence at the end of your garden. It must stop you from enjoying your garden fully. Tell him you'll need compensating for the distress and loss of enjoyment.

bubblecoral · 30/06/2011 19:51

Don't pay for it! It's not your responsibility to pay for his fence, especially if you don't care whether it's done or not.

The fact that he may have had an agreement with the previous owners is nothing to do with you, and he is a twat for suggesting that it does.

Tell him to shove it up his money grabbing arse.

pointydog · 30/06/2011 20:01

No you shouldn't pay anything towards the fences that don't border your garden.

You might not necessarily have to pay anything towards the back fence but I'd pay half if it were me. But not every two years! That's daft.

He sounds a bit bonkers.

OmniaParatus · 30/06/2011 20:06

Don't pay for it!
DH fell for this- previous neighbours had put up a fence which was actually inside our garden, not on the border. It was a fence they were responsible for. New neighbours, who were landlords, told DH he was welcome to replace in in the correct place. We did so, and then had to replace it again when the whirligig from next door fell against our fence in a storm. They also had the cheek to say the whirligig had been damaged by our fence falling and ask us to pay to replace it.

If you pay once, you'll be paying forever!

fedupofnamechanging · 30/06/2011 20:10

Don't pay this. It doesn't matter what arrangement he may have had with the previous owners of your house. You didn't agree to this.

You shouldn't do anything to 'keep the peace'. He has a bloody cheek asking for this. Tell him to piss off

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