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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to feel conned

35 replies

sandybobble · 10/02/2014 10:02

I've lived in this house ten years and have fixed one fence many times because neighbour said it was mine. Fence just blew down and n

OP posts:
Original poster
sandybobble · 10/02/2014 10:05

Neighbour other side tells it should be the other sides responsibility! He said their predecessors put the fence up! So is it their responsibility or mine?? My predecessor also said the fence was mine. I'm confused and feel conned for having fixed it in the past and now it looks like I'll have to replace it when it was never mine!!

Sorry posted too soon

OP posts:
FallenFlower · 10/02/2014 10:06

Is it rented? The plans should show which fence is yours. Usually, it's the one on the left, I think.

PollyPutTheKettle · 10/02/2014 10:07

Check the plans and/or paperwork from the solicitor. Our is to the left which is the norm.

Original poster
sandybobble · 10/02/2014 10:08

The plans show nothing just the boundary (and the fence is on our land). It's on the right. The neighbour on the left of us said he built that. So confusing!

OP posts:
Original poster
sandybobble · 10/02/2014 10:10

They own and have offered to go halves before to replace it but I said no... I couldn't afford to replace half at that point but they wanted it done so it would look nicer. I just patched it up. Now it has blown down though. Should I make them replace it as their predecessors put it up?

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Impatientismymiddlename · 10/02/2014 10:12

It sounds like a shared boundary fence that you both benefit from so should split the costs of replacing it. It is unfortunate that you have had the sole burden if maintaining it so far. Once you both pay for a new shared fence, it will be jointly owned and you can share the maintenance fairly without Wondering whose fence it is.

Joysmum · 10/02/2014 10:15

You need to check your deeds to see who is responsible.

Have you been conned if you find out it wasn't your responsibility? No, not necessarily. I have rental properties and have replaced fencing that hasn't belonged to me because I want a good, strong, maintenance free boundary and my tenant need a secure garden where they don't need to be at the mercy of the neighbour's finances. I had permission, doesn't mean I'm liable for everything for ever. Your neighbours may be as mistaken as you have been. You both needed to check your deeds.

Original poster
sandybobble · 10/02/2014 10:16

The deeds don't say anything about fences... No T On the map or wording or anything

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jacks365 · 10/02/2014 10:21

If the fence is on your land it is yours. There is also no requirement to have a fence so if you just took it down or refuse to repair it there is nothing your neighbour can do. There is nothing stopping your neighbour putting the fence they want up as long as it's on their land not yours.

Just tell them if they want it doing to do it themselves because you don't see a need.

Original poster
sandybobble · 10/02/2014 10:31

The fact it's on our land is what made me think it was ours. But if their predecessors put it up isn't it legally their job to replace it. I want a new fence but I can't afford it. I've patched up the odd bit for them in the past can't I make them pay for a new one?

OP posts:
Original poster
sandybobble · 10/02/2014 11:25

Oh dear. I just approached neighbor as she was bringing shopping in and told her I had discovered it was her fence and that she would have to pay for it. She didn't look very happy about it and shouted at me because she has been offering to go halves for years but I says she ois angry I have always refused. She said I was a cheapskate and was making this up to make me pay for the fence. She shouted at me to fix it myself because it's on my land. She then quickly grabbed her baby and rest of shopping from car and went in, refusing to discuss it with me further.

I think I'll just rip the damn thing down and leave it with no fence. Nasty madam.

OP posts:
Impatientismymiddlename · 10/02/2014 11:39

If it is on your land and not on a joint boundary line the she has been very reasonable to offer to go halves in the past. She is probably annoyed that she has had to put up with a patched up unsightly fence for years because you wouldn't agree to replace it (even with help towards the cost) and would rather just do a temporary DIY job.

DustyBaubles · 10/02/2014 11:44

You told your neighbour she'd have to pay?

She is under no obligation whatsoever to pay for a fence that is on your property.

If you want a new fence, you will have to pay.

Lottiedoubtie · 10/02/2014 11:46

Yeh I'm with your neighbour I think Hmm

enriquetheringbearinglizard · 10/02/2014 11:52

So, in a nutshell the fence is on your land?
Neighbour, who didn't erect fence, has been offering to pay half of the replacement cost for years, to no avail.
Fence now beyond repair so you approach neighbour and tell her she has to replace the whole thing.
Neighbour is not happy.

I'm not at all surprised and not sure how come she's a 'nasty madam' Hmm

Original poster
sandybobble · 10/02/2014 11:56

It's on my land but her predecessor put it up. So it's hers! She should have been offering to pay for it all not half and I should have never had to repair it!

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Cobain · 10/02/2014 11:58

I have replaced fence panels belonging to the old lady next door, as she is not in the position to do so, that does not make me responsible for the future neighbours boundary fencing or maintaining that fence in the same way I have no right over the fence panels if new neighbours wish to remove them.

HeadfirstThroughTheTimeVortex · 10/02/2014 12:03

If it's on your land it's 100% your respnsibility.

DustyBaubles · 10/02/2014 12:03

Are you mad? The fence is on your property.

It is yours.

If you want a fence, you must pay for it. Or do you imagine that the ghost of the neighbour's predecessor will come and fix it for free?

HeadfirstThroughTheTimeVortex · 10/02/2014 12:04

Also, you have just been awful to your neighbour, you should be apologising.

SissySpacekAteMyHamster · 10/02/2014 12:04

I'm afraid your way of dealing with things obviously leaves a lot to be desired. If you caught me bringing shopping in with the kids, I'm afraid it wouldn't be my best time for a discussion about money.

WilsonFrickett · 10/02/2014 12:05

Doesn't matter who put it up, it's yours if it's on your land. Not hers. At all.

JessePinkmanIsMine · 10/02/2014 12:07

Do bridges usually have fences on the boundaries?

AtYourCervix · 10/02/2014 12:07

This has to be a reverse.

Paint it red.

enriquetheringbearinglizard · 10/02/2014 12:09

In the second OP you say
is it their responsibility or mine?? My predecessor also said the fence was mine.

Your next door neighbour didn't erect the fence.
It's on your land.

Nothing more to debate just because you don't like the answer doesn't change the facts.

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