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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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

104 replies

adsy · 01/06/2014 16:11

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?

OP posts:
deakymom · 01/06/2014 20:37

www.gov.uk/control-dog-public/overview

this ^^

JuliaScurr · 01/06/2014 20:58

cheers deaky
that's what I thought. is the fence our responsibility for our benefit and it's his responsibility to keep his dog off our garden irrelevant of the fence anyway? have I got the basic gist here? (just in your personal opinion, obv)

deakymom · 01/06/2014 21:25

yes xx

deakymom · 01/06/2014 21:26

im about to hit my neighbour with this one its obviously his fence and his dog has destroyed it and keeps getting in to my garden so im printing this and posting it Grin

Walkacrossthesand · 01/06/2014 23:14

Thanks adsy, I didn't know that re 'party ownership if not mentioned on deeds' - most helpful!

JuliaScurr · 03/06/2014 19:00

thanks deaky et al

will copy & post it

SteamTrainsRealAleandOpenFires · 03/06/2014 19:59

If posting to NDN, better to send it by registered post, so they can't claim they never recieved it.

JuliaScurr · 04/06/2014 10:47

good point Steam

HornyHandsofToil · 04/06/2014 12:53

If there's no mention in deeds, then all fences are party....

This is why the norm is that you are responsible for one side and your neighbour for the other. In places I've lived, it's the right side, as you stand with your back to your house. So instead of having to pay two halves and compromise on 2 types of fence with 2 neighbours, you are fully responsible for one side onl.

wowfudge · 04/06/2014 13:01

HornyHands it is not the norm - it just has been where you have lived! Just out of interest (because I have a theory on this), how old have the places you've lived been?

I would hazard a guess that the norm is actually party fences with no mention in the deeds at all.

citytocountry · 04/06/2014 13:03

Is the dog sitting a business? I'd be checking his deeds to see if there is a restriction on running a business from home. Plus reminding him he needs to notify his insurer and mortgage company....

craftycrafter · 04/06/2014 13:05

mmmm - playing devil's advocate... if I were he, I would send said dog in to poop on your garden when no-one was in..... (can't be deemed a "dangerous dog" if no one is there to be frightened)

our boundary is "owned" by our neighbour - he is a cheapskate, I like to look at nice stuff - and have a secure boundary, so we bought the fence... life is too short..

SistersOfPercy · 04/06/2014 13:08

crafty and if I were OP said dog poo would be returned via your letterbox.

SueDoku · 04/06/2014 14:54

Our deeds state clearly that the fence on our left (facing the garden with back to house) and the one at the end of the garden are our responsibility.
However, when nice new neighbours moved in to our right, they came to ask whether we'd be prepared to contribute towards new fencing if he did the work to put it up. As fence on that side was falling down, and they were a young couple buying their first home, we were happy to go halves...Smile
Result - good relations with neighbours, he cuts our hedges for us when he does his own, we buy their children Easter Eggs - harmony all round. Well worth £100 of anyone's money..! Grin

HornyHandsofToil · 04/06/2014 17:01

Wowfudge, it can't really be the norm if I've never heard of it in practice though. I've (and anyone I know) has never lived in property that specified fences (as opposed to boundaries) in the deeds. But I don't know anyone who has lived in new builds. Sounds more like it's regional? Southeast here.

Rowgtfc72 · 04/06/2014 18:02

We have deeds that say all boundaries at the sides are party walls/fences. this will be interesting when we explain to the tight landlady next door that the wall is falling down !

Rowgtfc72 · 04/06/2014 18:02

We have deeds that say all boundaries at the sides are party walls/fences. this will be interesting when we explain to the tight landlady next door that the wall is falling down !

Joysmum · 04/06/2014 18:06

crafty and if I were OP said dog poo would be returned via your letterbox.

Ditto

EBearhug · 04/06/2014 23:49

Boundary on the left as you have the house behind you here (house is Edwardian). Not sure about the one at the end - that might be down to Network Rail.

FreeWee · 10/06/2014 22:40

Both places I've lived and needed to check have been as Horny says and my responsibility for the boundary to the right of my house with my back to my house.

AgathaF · 10/06/2014 22:52

You might be able to get legal advise via your home insurance policy, should you feel you need it.

FryOneFatManic · 10/06/2014 22:58

We are responsible for one side and the rear fence/boundary, the neighbour is responsible for the other side.

But I do have relatives who have party fences/walls/boundaries on all sides, in this same town.

I think a lot of it will depend on age of build, who built it, etc, and you can't just assume that something is the norm. You just have to check the deeds and go by that.

Rainbunny · 11/06/2014 01:18

I'm not familiar with property law in the UK but aren't deeds and title to land registered publicly in the land registry? If so I'd probably go and check what your neighbour's deed says about this.

Original poster
adsy · 11/06/2014 07:03

OK.
Deeds came back and said all fences are party and to be maintained as such.
we showed them to him and he said he'd never seen such goobledegook and it's nonsense etc. etc.
We very calmly told him that the deeds are quite clear and as we aren't bothered about having a fence we would leave it up to him: if he really wants a fence, let us know and we'll get quotes and go halves; if not we'll just leave it fenceless. Cue lots of stomping about and shouting that he's never paid for it in the last 20 years so why should he start now etc. Parting shot was that he was seeing his solicitor
Anyway, 2 days later he comes round rather nervously and says his solicitor says that to challenge deeds would cost him a fortune and he would have little chance of winning.
He now mysteriously also isn't that bothered about a fence and says we'll both just leave it!
He said he genuinely believed it was our responsibility which doesn't excuse his arsiness when I just wanted to make sure ( and I was right!)
So, all kinda sorted though I have ordered a copy of his deeds and if his say the same about party walls I'll deffo know he was trying to pull a fast one to get us to pay for it all.
I'm going to plant a nice shrub!

OP posts:
diddl · 11/06/2014 07:32

So ant dogs he looks after he will keep in the house?

Even though it says party, surely someone could still put a fence on their on "side" iyswim & not involve the neighbours in payment or maintainance?

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