gather round, It's a neighbourly fence dispute!!!

[adsy]

Right, a few weeks ago the fence separating us fell down.
The next couple of weekends we have spent tidying up the shrubs etc. that had grown up round the fence and removing rotten wood etc.
last week neighbour came round to tell us to replace fence ASAP as he is dogsitting and needs it secure.
I told him we needed to check the deeds to check ownership and I'd get back to him. Cue lots of shouting along the lines of it's definitely your fence, I've never repaired it in 20 years, if the dog savages your DC it will be on your head etc.
So.. got the deeds from land registry and it says all fences are party fences and to be repaired and maintained as such.
Been to tell him it's fifty fifty and he says he's never heard such nonsense and why should he pay half.
We showed him the deeds but he still wasn't having any of it.
Left it with him saying as it's not on his deeds he's paying nothing and he's going to his solicitors.
We gave him a copy of our deed plans and the relevant section that says all fences and walls are party.
So, AIBU to expect him to pay half?

[wowfudge]

You can get a copy of his deeds from the Land Registry website in minutes for a few quid. Get the title register and title plan.

[diddl]

If it's joint responsibility, does that mean OP has to pay half if he does put something up?

[adsy]

Yes, I would have to pay half I guess. I'm just assuming he won't put up a fence of solid gold!

[CrohnicallyHungry]

Erm, our deeds are bordered red and afaik it just means that's the limit of our land. The ownership of the fences are shown by a T shape sticking out from the fence, and shared ownership fences (or those that we need to pay a part of maintenance costs) which are coloured a different colour (not red).

Disclaimer: we live on a private road and so it may be different to being on a normal road.

[Floralnomad]

The bottom line is that he is responsible for keeping his dog in his garden ,hence its up to him to put up a fence or keep the dog on a lead . If you don't want / need a fence I don't see how you can be made to pay for one .

[Lambzig]

Even if it was your responsibility to maintain the boundary, you absolutely don't have to put a fence up. Unless it states specifically on your deeds that you must maintain a fence (and yours doesn't), you could just put a wire across or indeed nothing, it's up to you.

Oh and it's absolutely his legal responsibility to keep any dog under control.

Have a look on gardenlaw.com.

[wowfudge]

Chronically - the OP's deeds actually state joint ownership and responsibility. It's not just diagrammatic.

[adsy]

There's no t marks on the plan but is written that all walls and fences are party and to be maintained as such.
I agree he's being a bully re. the dog. I suggested he put it on a lead or something in the garden till the fence is resolved but he wants it to be able to run around and doesn't see why he has to restrict it in his own garden

[Scousadelic]

I might be inclined to send a letter stating you are willing to discuss a joint fence but your deeds are clear that it is not your sole responsibility and, if the dog enters your garden from his, he will be liable for any damage or injury resulting

[MrsLindor]

Our boundaries left and right are joint with neighbours, the one at the bottom of the garden is ours. I don't think it's that unusual.

[OwlCapone]

^Just keeps saying it doesn't mention about party walls on his.
Even if that's true, if it's mentioned on ours that must be the position??^

If your deeds contradict his, there is surely no definite answer for whose is right and whose is wrong?

[Floralnomad]

Just tell your neighbour that a fence is not high on your priority list and that legally he has to keep the dog in his garden and that if it causes any damage in your garden you will be taking action .

[fascicle]

Do you know how long he is/will be dogsitting? (i.e. how far he is attempting to use this as leverage).

[Icimoi]

might be worth getting free half hour with solicitor to show them deeds and check you're right

Not quite sure where people get the idea that all solicitors offer this. If some do, it tends to be a loss leader with a view to getting the full case out of it. However, if people just want a one-off advice session, the likelihood is that the solicitors will charge, not least because they can be held liable for negligent advice and therefore have to pay their hefty insurance premiums in addition to all the other costs of running a solicitors' business.

[ItsAllGoingToBeFine]

do you have a gate you can leave open in your garden so not secure for dog?

[LIZS]

Download his deeds from www.landregistry.gov.uk/ then you know if he is talking out of his backside that yours are correct. You can't make him pay without a legal fight but equally you have no obligation to replace like for like.

[littledrummergirl]

Do your deeds say that you have to have a fence or will a chain marking the boundary do?

There seems to be an assumption nowadays that a boundary needs to be solid, in most cases it doesnt.

If he chooses to have a more solid boundary then he can always put one up on his side.

[adsy]

No, deeds don't specify what has to be there. Just that they are party fences and to be maintained as such.Which I take to mean joint responsibility finance wise.

[LIZS]

Is the fence on the boundary or your side , ie. it could have been put up unilaterally by your predecessor . Neither would give him the right to insist you replace though.

[wowfudge]

The very fact they are 'party fences' suggests extremely strongly that they are on the boundary.

Call his bluff. If he really wants the fence replacing he'll come round eventually.

[Linskibinski]

Ooh op run like the wind from a neighbour dispute they go on for years!! If you start legal proceedings it costs a fortune and causes no end of stress! As much as I hate the idea of being emotionally pushed around by a neighbour is just buy the fence and never utter a word to him again. You will save yourself a fortune in legal fees and years of stress! Then when he ends up getting eaten by his Alsatian you can nod sagely and say, well we tried to be nice but he didn't want to know.

[adsy]

Thing is linksi I'm not arsed whether we have a fence or not and am not going to pay 100% for something I don't particularly want. It's him that wants one and is refusing to admit he has responsibility despite my deeds saying he does.

[diddl]

It seems to me that you have a boundary-the shrubs!

If that's not good enough for him due to dog, then surely he needs to put something up on his own side & at his own expense?

Or keep the dog in??

[Floundering]

Usually if the posts are your side it's the other parties fence & therefore liability, were the crumbling fence posts your side or his?

what's the fence like with the other neighbours?

[PicandMinx]

He can't make you put a fence up and pay for it. You can't make him pay half. You are happy with your garden. Stick with your shrubs. If he wants a fence, he can put one up.