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AIBU?

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Original poster

To think neighbours should pay for fence

54 replies

mrsbeeton999 · 10/11/2020 09:53

The garden boundary on the side we are responsible for is half the neighbours garage wall and half a fence which we have recently paid £800 to be replaced. Neighbours are now going to knock down garage and have asked how quickly we can put a fence up. I think if they’re taking down the existing boundary wall (actually their garage wall) they should replace it with a fence. Not sure what is correct legally does anyone know please?

OP posts:
crowsfeet57 · 10/11/2020 09:56

Legally you don't have to put a fence up at all.

pepsicolagirl · 10/11/2020 09:56

I think they are taking the piss!

flaviaritt · 10/11/2020 09:58

If the garage is their property I think they can take it down. Nobody is obligated to maintain a boundary fence. It sounds to me like, once they take down the garage, there just won’t be one, and that is fine, legally speaking.

MegaClutterSlut · 10/11/2020 10:00

I would assume legally its on you as its your boundary

wowfudge · 10/11/2020 10:00

I'd probably laugh and say I was going to ask them the very same thing. If it's their garage they're removing it's up to them to put something in its place.

wowfudge · 10/11/2020 10:03

I'm not saying that's correct in law btw, just that if they're removing the garage I think they've got a cheek expecting you to put a fence up. Are you sure the title documents state you are responsible or are you making an assumption?

WhereverIGoddamnLike · 10/11/2020 10:06

There is no legal requirement for you to put up a boundary. You dont need to build a fence or a wall. You dont even need to properly maintain one that's already there, as long as it isnt going to fall over and injure someone. Just dont put anything up.

jetadore · 10/11/2020 10:07

Cheeky, but if it's your boundary then it's on you. I'd offer to go halves though. The garage wouldn't/shouldn't have been right on the boundary anyway it's usual for buildings to be a few inches away from the fence/true boundary line.

Original poster
mrsbeeton999 · 10/11/2020 10:07

@wowfudge

I'm not saying that's correct in law btw, just that if they're removing the garage I think they've got a cheek expecting you to put a fence up. Are you sure the title documents state you are responsible or are you making an assumption?
We’re definitely responsible for that side of the garden but obviously that part it’s always just been their garage wall
OP posts:
Original poster
mrsbeeton999 · 10/11/2020 10:10

We have thought that before it’s definitely right up to boundary and possibly a couple of inches into our garden if fence line behind it is correct

OP posts:
Grooticle · 10/11/2020 10:10

If it’s your boundary, you can choose whether or not to put a fence/wall up. They don’t have any responsibility to put one up legally.

VettiyaIruken · 10/11/2020 10:10

Tell them you're not.

You don't actually have to have a fence at all.

Nikori · 10/11/2020 10:10

I think you need to have a talk with them and try and reach a compromise. Maybe talk about going 50/50.

StrippedFridge · 10/11/2020 10:11

Sadly you are responsible for the fence.

That said are not required to put a fence up.

I would be telling them you won't be putting up a fence soon as it wasn't an expense you planned for. Maybe next year. In the meantime you will string up some chicken wire when B&Q opens again if the gap starts to be a problem.

That might cause them to realise they are being CF demanding you spend money to their schedule. They may even offer to split the cost this one time to speed it up (I wouldn't count on it though).

Bufferingkisses · 10/11/2020 10:13

If they are really bothered I would say "about 10 minutes". Hammer in a short post where the garage used to end and run a length of wire from the existing fence to the post. You have no obligation to provide a fence of any type however, given their garage was on or across the boundary, it may benefit you to delineate the border somewhat.

JemimaTiggywinkle · 10/11/2020 10:13

I don’t think you can ask them to pay for it if it’s your responsibility.

But if it’s your responsibility then it’s up to you to put up a fence if and when you see fit - they can’t demand you put one up.

If they want a fence more than you do, they might choose to pay for one.

Would have been nice for them to mention they were demolishing the garage when you were getting the old fence replaced.

ClaireP20 · 10/11/2020 10:14

@pepsicolagirl

I think they are taking the piss!
This. Tell them if they want a fence they can fucking pay for it, arseholes. There is no legal outline about this. We split our fence repairs with our neighbours out of politness, regardless of whose side it is. Your neighbour is being an idiot.
Bluejewel · 10/11/2020 10:29

You have an obligation to maintain a boundary not put one up . Do you need a structure there for security ? If so you probably need to have a chat with them and try and agree a middle ground

keeprocking · 10/11/2020 10:33

Get down to the garden centre and look for the prickliest bushes you can find and tell them you're putting those in instead of a fence!

ivykaty44 · 10/11/2020 10:35

Legally you don't have to put a fence up at all.

Tell them they are welcome to put a fence up on your boundary if they want - but you won't be doing this having just spent put on the other part and why didn't they talk to you then about their plans and you could have sorted something

ivykaty44 · 10/11/2020 10:36

If you go down the hedge route - you need to legally plant it away from the boundary to allow for the growth their side - so don't plant on the boundary

tinatree · 10/11/2020 10:38

As others have said you don't have to put one up.
One of our fences blew down, the side the neighbour was responsible for. They didn't get a new one so we paid and got one put up as we wanted privacy.

swimster01 · 10/11/2020 10:46

A wall on a boundary may be a party wall - check your deeds

BonnieDundee · 10/11/2020 10:49

I've no legal experience but the obvious question that springs to mind is can they just unilaterally decide to take down YOUR fence without your permission? Or if they did so, would THEY need to replace to a similar standard?

BluntAndToThePoint80 · 10/11/2020 10:50

Actually, from a legal perspective this will depend what is in your title deeds and whether you have given any positive covenants regarding erecting / maintaining a boundary fence. You may possibly be under a legal obligation with respect to this - no one here can advise without reviewing your (and your neighbours) title to the property.

Assuming there is nothing in your title documents and no side agreements (I personally live on a development where we have to provide various covenants before being allowed to buy), then no one will be under an obligation to erect a boundary fence. If the garage is on your neighbours property, they can do what they like including demolishing it and not replacing it (assuming it’s safely done).

If the resulting situation looks odd (ie half a fence) then one of you will need to do something if it bothers you that much. If the existing fence is on your land, then your neighbours actually have no legal right to continue to build a fence there as it’s your property (although they could pay).

Ultimately though, it looks like it’s your fence.

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