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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

to not pay for neighbours/our fence

45 replies

MsJamieFraser · 09/02/2016 20:22

neighbours last year (Oct) without our consent pulled our fence down while we were at work, (it needed a few slats renewed and dh was going to get round to it (he had ordered everything, but we just did not have the time to get it done) as we were doing a lot of renovation at the time, and also dh had just finished painting all the pation and decking and laying fake grass.

So one day we came home from work and a 5ft fence had magically appeared.

At the weekend neighbours pulled dh and produced a hand written bill for the fence repair dh said he was not paying for the fence as they did not get our permission and we had already wasted £68 on new slats that were now unused (we will be turning them into a bench/plant pots)

They grabbed the bill and walked into their car, mumbling all sorts of "we did you a favour..."

Well they did not.. we now have a 2 odd fences, one side is slats and the other is doomed feather edging. It is also not painted, or been treated, and is a different colour to our neighbour fence and our decking

At the time we were not happy but for neighbourly harmony, we just left it, and assumed they wanted more privacy to their newly build conservatory.

Would be be UR to treat and paint the fence also, dh thinking of just buying willow screening to cover it, if we are considered to be UR

AWBU not to pay.

OP posts:

Original poster

MsJamieFraser · 09/02/2016 21:36

Vintage are you reading this thread?, I dont mean to sound rude at all, but your asking questions I have already answered.

It has not saved us money, its cost us money, as we had already bought the slats to repair the broken ones, as well as new slabs for the playhouse, and will cost us in treatment and paint, our fence was treated, but this one isn't so that will need to be done before being painted.

OP posts:

Original poster

MsJamieFraser · 09/02/2016 21:37

£208 pen

OP posts:

Vintage45 · 09/02/2016 21:39

Im in the middle of making pancakes and the thread it pretty fast I guess, apologies.

Ipsos · 09/02/2016 21:42

I think if they took a fence down that you owned then you can use your building's insurance legal cover and get them to send a lawyer's letter to your neighbour holding them responsible for damage to your property. I'm not suggesting you should do that, but I think that's the legal side of it.

Original poster

MsJamieFraser · 09/02/2016 21:43

Mmm pancakes, we can't/didn't have them due to ds2 allergies... ds1 had them at a mates house however

OP posts:

Vintage45 · 09/02/2016 21:45

I now feel for you. I really don't know what to suggest as you have to live next door to them and that isn't easy if you don't get on. Are they that unreasonable? Can you not explain all this to them?

Vintage45 · 09/02/2016 21:46

Also know all about allergies, DS2 has an epi-pen

StillRunningWithScissors · 09/02/2016 21:55

YADNBU. I'd be furious.

What allergies does your school have? I know a great record oregano dairy free pancakes 😀

StillRunningWithScissors · 09/02/2016 21:56

Record oregano??? recipe for egg and dairy-free pancakes.

Original poster

MsJamieFraser · 09/02/2016 21:57

We will try, dh was going to explain, but when he said he was not prepared to pay, and tried to explain his reasons, but they just walked away into their car

I can speak to them, but will wait till the weekend as we dont finish until late.

Allergies are horrible, more so when sweet treats are involved.

OP posts:

MimiSunshine · 09/02/2016 21:59

I wouldn't ask their permission to paint your side of the fence which is after all yours as its a) your party wall and b) on your land.
They paid for it but so what, they shouldn't have done as c) they didn't have your permission to remove your fence in the first place.

I don't they'll say anything as I'm always amazed at anyone who thinks permission should be sought for painting 'your' side as long as it doesn't affect 'their' side. But if they do comment then just in a relaxed tome point out a, b and c above and
Then ask how they like their new conservatory, is it lovely to sit in I.e. Changing the subject and being complementary in an effort to stay neighbourly

Vintage45 · 09/02/2016 22:08

Good Idea, let the dust settle so they can reflect for a bit. They are of course wrong but it's hell to live next door to neighbours that you fall out with. You sound lovely and reasonable. Fingers crossed it works out.

Potatoface2 · 09/02/2016 22:28

so they have put THEIR fence on your land .....did you get a surveyor involved when they put up their conservatory right up to the boundary?....sounds to me like they are like my neighbours, want to do as they like with little regard to anyone else...i would tell them to get their fence off my land as they have no right to put it there......and then bill them for your disposed fence...unless of course you dont mind....and want to remain friendly......but what will they do next to cause problems....ive got to the stage of saying no to my neighbours doing as they like (they wanted to join their extension onto my detached house!!) and they think im being unreasonable...ive kept myself to myself but im not a mug!

twofingerstoGideon · 10/02/2016 12:34

It is really bad advice that you can paint 'your' side of the fence because it's 'yours'. It isn't yours and this could lead to a charge of criminal damage. Annoying as it might be, you can't paint it, attach things to it, grow things up it, etc. If they paid for the fence it's theirs.

Likewise, they shouldn't under any circumstances have removed 'your' fence if you paid for it.

lots of proper info here

If you believe they trespassed on your property, that's also not good (but a matter of civil law, not criminal law).

twofingerstoGideon · 10/02/2016 12:38

Oh and YANBU to not pay for something they decided to put up!

PegsPigs · 10/02/2016 12:40

We painted the fence we organised and our neighbour paid for. We treated both sides so it would last longer. Why not ask and if they say no say you'll put up willow instead. If they'd rather you painted rather than willow they can change their minds.

NeedsAsockamnesty · 10/02/2016 12:57

Can boundry lines still be moved by adverse possession?

If so that could be fun in a few years

whatevva · 10/02/2016 13:23

I suppose paying for the fence clears any confusion that it is yours.

Maybe subtract the cost of the original fence, less 4 year's wear and tear? (Do you have the original invoice? If not, keep such invoices in future)Also make clear to them that they did this without your permission and that you are not happy with it and do not expect it to happen again.

From what I understand, the police would not be interested in criminal damage or fence moving. You would have to go through the civil courts and get a court order stopping them from touching it, then the police would be able to enforce the court order. Probably the road to ruin and paying for the fence would be the cheapest way to defend your position.

Collaborate · 10/02/2016 13:25

They tore down your fence and paid for a replacement. It is still your fence.

If I were you I'd write to them (keep a copy and date the letter) pointing this out, just so that they don't try and claim later on that they own the fence.

akkakk · 10/02/2016 13:39

Just send them a letter thanking them for the gift of a fence - perhaps mention that you would have preferred to have been consulted as you might have chosen a different design to go on your land / had already the repairs in hand / etc. - but make it clear that you consider it to be a gift as it is on your land / is your fence / they took down your fence... That will give you freedom to do as you wish in the future without their being able to claim ownership...

to claim ownership on it they would have to reply contradicting that it is a gift and then they would have to answer all sorts of questions they might prefer to not answer: why they did it without reference to you / what they did with the theft of your property / etc.

i.e. you need to move the weight back to controlling the situation - as your fence - don't allow them to take your property away, put in their own and then claim it as theirs! It is clear that they consider it to be yours as they asked for payment - so another bit fo strength in the argument for you...

if you write the letter very politely and very much as a thank you letter, and then just smile and always respond from the perspective that they shouldn't have done what they did, but you are happy to ignore it on the basis of good neighbourly terms... then you keep the moral high ground...

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