To need to know etiquette ASAP?

[windyfence]

Sorry for the aibu post.
Quick question. Fence between us and neighbours has fallen down. We are not on great terms with them as they’re pretty antisocial, lots of noise and arguments.
He’s just shouted over the fence that he will pop in to talk re getting the fence fixed.
The fence is their fence. We have deeds to show this.
If he asks us to pay half then we don’t need to right?
We are in no financial position to replace a fence that isn’t ours.
They have a big dog that’s not particularly friendly that’s currently bounding round our garden.
What’s the etiquette please?

Surely if it’s the fence between your properties then it’s jointly owned. I say this based on having our fence replaced between us and our neighbours and us going halves on it.

i’m not sure he has to replace it (check your deeds). Certainly he doesnt have to replace it in a manner that's to your liking. So if he's happy with a bit of post and wire and you want 6' wood panels for privacy, you may need to contribute

That is correct. He only has to maintain the boundary. However he also has a dog and the legal responsibility is with him to ensure the garden is secure to keep the dog in.

I don’t care what he replaces it with, as long as it keeps the dogs in their respective gardens.
And it’s deffo not a shared fence. Shared fences have the letter H on the deeds.

Surely if it’s the fence between your properties then it’s jointly owned. I say this based on having our fence replaced between us and our neighbours and us going halves on it

Depends what the deeds say.

Different to above but round here we all go 50-50 on the fences. We've had 3 panels replaced this week, and paid half, despite not technically owning that fence. Both sides have dogs here too so it was important to get it sorted. We do however get on better with our neighbours so I would never feel bullied into it!

It is not really Etiquette
it is the Law

It's his fence, he pays for it and until it's fixed you agree to keep each of your dogs in their own gardens by either keeping on a lead or supervising.

Our neighbour tried this on. It is a long fence. I politely explained that the fence between us and the other neighbours was our responsibility. He wanted to know how I knew this and I told him it was on our deeds.
Don’t buckle OP tell him to read his deeds. Our neighbours are difficult too but I didn’t let him intimidate me. Polite and firm. He never mentioned it again.

If it is his boundary to maintain he doesn’t actually need to have a fence etc, as long as if he chooses to erect one it is on his land, not yours.

But if he chooses not to put a fence, then there will be no fence, surely? I think I'd probably offer to contribute just to ensure there was a fence there before summer.

May be he just wants to ask if the person who they'll get to mend it can go into your garden. But you only pay for fences you own as shown on the deeds. Probably the one the other side of the garden is your responsibility.

OP - do you have a dog?

You can 'commiserate' with him, "oh it's so bad, I have the same on the other side of the garden fence, you know the one I am responsible for..."

Just tell him it's his fence and he can get it fixed.

Yes we have a small dog. We’ve been taking it out the front on a lead since the fence broke.

If you have a dog you are both legally responsible for keeping your dog within your own boundary, so that does muddy the waters slightly.

If you’re happy to remain taking yours out in the front then you can state that they need to keep theirs in. They of course may decide to do the same, in which case they’re not legally obligated to do anything other than maintain the boundary.

Try not to worry about this until you actually speak to him. He might just want to arrange access to your garden so he can get them fixed. If he suggests going half just say I'm sorry but we cant its not our side. I feel your pain our neighbours fence has blown down too and it took us 6 months to get them to fix it last time. Less urgent here though because no dogs to worry about. It does mean our kids will be having a field day going in and out of each others gardens though.

My neighbour tried this when they wanted to replace her fence and said that she'd got a quote for "ours".... I just said that when I'd got MY side replaced pointing to mine, I'd paid so much. She honestly didn't realise it was her responsibility 🤷‍♀️

We've put up our own fence along the boundary between ours and our problem neighbour's garden. They do nothing but complain and try and drag us into disputes over ridiculous things that are nothing to do with us. They asked us to replace their fence to prevent balls from going over into their garden. At the time, my DC were 2.5 and 3 weeks old, and didn't own a football. We put a fence up to keep their dog from coming into our garden and crapping everywhere, but we left their damaged one just where it was. Their fence, their problem.

You can take the initiative by saying you’ll happily allow his workmen into your garden if they need access to put up his new fence (though I don't see why they should need access). The cost is wholly his responsibility. Don’t agree to pay anything.

Garden Law is a very useful resource and forum:
Gardenlaw.co.uk

If he asks to go halves, you just say it's not our fence, it's yours. Mine is on the other side.

yes see what he is coming to say. He may be looking at some temporary solutions given you both have dogs

but dont pay

Isn't it going to be really difficult to stop him letting his dog go in your garden? How is this enforceable other the expensive legal action? Itd be easier to pay half the fence cost.

Start from the idea that he's coming over to discuss access and a suitable date for his repairs. Have the deeds to hand and your poker face ready.

Allow, indeed create, gaps in the conversation. There is no need to answer his every musing. State your position once, firmly. Let him ramble. Thank him for coming over, then show him the door.

If your DH is likely to cave, ask him to stay upstairs and handle the conversation yourself.

Keep husband out the way OP!!