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?

Our fence blew down last year, it was our fence and we paid to get it replaced, but we still went round to the neighbours to apologise and let them know when it would be fixed etc. He's not necessarily coming for money.

No definitely not. Show them the deeds and politely point out that you own the other side so are responsible for fixing it if it goes down. That said some neighbours do agree to pay half, but I’ve always been responsible for my side and let the neighbour pay for theirs. We had same problem in the last storm last week, neighbours brand new fence came down. I’ve kept my dog on lead as he is territorial and will bark if he spots them in their own garden! They need to keep their dog on lead until it’s fixed

Unless it is specifically noted in the deeds a fence must be in situ, the owner of the boundary has to do nothing more than maintain the boundary.

Hope the chat went ok. Similar thing happened with us last year. When the fence was fixed (by them) we took chocolates and wine/beer to say thanks for dealing with it promptly. It was never an issue again (afaik!)

Exactly what @lottiegarbanzo said.

You both have dog and both need a fence . I would offer to contribute say a 1/3.
Make it very clear it's his fence but with contribute not go 1/2 you benefit from the fence.he could put anything up panels with graffitte old doors all sorts you have to look at it and can't touch it because it's his.

Eh the fence is for both your benefit. What If he says sure I just won't get a new one, then you would have to do something to improve the boundary.

Split the cost at least for the part that divides your gardens.
Why would you get into conflict over going half, you will be neighbours for a long time.

Your soft touch husband sounds like a reasonable person whereas you are too fixed on what the deeds say.

Why would you get into conflict over going half, you will be neighbours for a long time.

Because fences are really expensive. Why pay for something that isn't yours?

Really don’t understand why so many people are suggesting OP is responsible for contributing. The house deeds point out who is responsible and this side is not hers.

He is legally responsible for the boundary but could remove the damaged fence and leave the boundary unfenced if he chose to.

Since you both have dogs, and need to keep them contained in your respective gardens, it would be sensible to come to a mutually acceptable agreement.

Just wait and see what he says. The fact that he approached you suggests he knows that it's his fence. He may be coming to discuss interim measures, access, timescales or yes to ask for a contribution.

In the past, we contributed to a neighbours fence because she could only afford a chain link fence and we wanted something more substantial.

Darbs76

Unless the deeds state a fence has to be in situ, the owner of the boundary need do nothing more than maintain it. The fact they both have dogs makes this more complex as they’re both legally obligated to secure their gardens to ensure the dog can’t get out.

I'm way too invested in this - please update OP :)

Our fences cost over 2k. Why would we then pay for the side the neighbours own then their fence went down last week? They have been very apologetic about it and I’ve told them there’s no need and I’ll keep my dog on lead. They asked for details of fencer we used as theirs was put up badly. They certainly aren’t expecting us to contribute as we have already paid for our own side and the back fence.

@JacquesHammer - OP is happy for any kind of fence. If the owner doesn’t want to pay then they need to keep their dog out of the garden. It’s their side so their responsibility. Fences aren’t cheap, why should OP pay half? What happens if her fence goes down tomorrow on her side - she’s then paying for both sides. Deeds don’t say it’s shared so I wouldn’t be paying half.

Darbs

You’re missing the point. You’re absolutely right that the dogs need to be kept out of each other’s garden. However if neighbour decides he is happy to do this by bringing his dog out on a leash that is fine.

I’ll say again unless the deeds say a fence is a requirement, the only responsibility is maintaining the boundary

Maybe there’s fixings needed from your side?
We replaced a fence panel but some of the fixings needing replacing were on their side so we needed to ask when it was convenient to do it from their garden.

But no you don’t have to pay if it’s not your fence.

Depends what his solution is, if he's just going to put up wires to separate the garden you might have to put up a fence your side. Hope it's just letting you know when work is starting

No one can know what he is planning to say, but I'm guessing as they have a dog, they'd rather have a fence. Just be polite but firm and show him the deeds if he asks you to pay.

Has he been round OP?

He’s not been round yet. I’ll update when he does. We’ve just popped out to do the food shop.

To those posters suggesting OP pays for a fence that is her neighbour’s property and responsibility to stop him being difficult- is that how you think the world should work: giving in to bullies? Do you yourselves bully to get your own way when you are in the wrong?

Tell your husband to not speak.
Their fence, their bill.

They should definitely pay. Do not let him intimidate you!

I don’t care what he replaces it with, as long as it keeps the dogs in their respective gardens

It is going to be your responsibility to keep your dog out of his garden (even if he doesn’t replace the fence).

He needs to replace it and contain his dog. If he asks for half, show him the deeds. It’s his responsibility.