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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Next door fence post in their garden

34 replies

Maxboy · 27/01/2021 08:16

So last November the fence to to right of us fell onto our van , the woman came round and asked if the fence were bothering us and we said they are resting on our camper van and need mending, the fence posts are in her garden I would say around 2ft in the good side of the fence sits on our boundary. She took it soon herself to get a guy she knew into fixed 3 x post as the rest of the fence was fine, anyway he charges her £180 for 3 posts, she then decided it was a lot and she demanded half the money off us, this repair wasn’t discussed before hand she just did it. Anyway she then decides it’s our fence after going to get here deeds and demands all the money, she been sticking demands on my cars and in my letter boxes the notes are really rude, anyway fast forward to yesterday she sticks another note In my letter box asking for a surveyor report on who the fence belongs too, we have politely told her no she ignores us now and just give us really filthy looks all the time, I have spoken to the legal team on my house in insurance and they said she fixed the fence it’s her problem, I have also asked her to stop sending letters as it harassment but it still going on any advise?

OP posts:

TeenPlusTwenties · 27/01/2021 08:21

Your deeds should show who owns a boundary fence.

We have shared responsibility with neighbours so agree work before doing, and share costs, so just because fence posts are on her side doesn't necessarily mean she owns the whole fence.

justanotherneighinparadise · 27/01/2021 08:22

Not everyone’s deeds show who owns the boundaries. Ours certainly don’t.

LawnFever · 27/01/2021 08:26

You should’ve been told who owns what fence when you bought the house, but she should have that info as much as you do

It’s not always clear, our solicitor never figured ours out!

She shouldn’t have paid for the work before agreeing it anyway, if she wanted you to contribute that discussion should’ve happened before the work took place

Spaceman1 · 27/01/2021 08:26

There is a presumption that the left hand side fence belongs to each house owner. It is rarely clear from the title plan.

More importantly, for your own peace of mind and regardless of the principle or what is fair you do not want to go to war with your neighbour. I would be inclined to offer her half the money and if she is still angry give her the rest just to draw a line under this and move on.

dementedpixie · 27/01/2021 08:30

@Spaceman1

There is a presumption that the left hand side fence belongs to each house owner. It is rarely clear from the title plan.

This is simply not true.
Our deeds don't show who owns the fences so we tend to share costs with each neighbour Have you checked the deeds just in case? Maybe offer half the costs if there is no clear case of whose fence it is

Original poster

Maxboy · 27/01/2021 08:31

The issue we have is the fact her friend fixed the fence and 180 for cementing 3 post back into the same place and she didn’t ask us if agreed the price just did it my partner even offers to to it. I feel the way she is going about it quite rude telling us to pay up or else she get a solicitor it’s making it very uncomfortable with her attitude.. my partner said if she came round and did it properly he would of helped her as a kind gesture but it’s the rude demands that we are struggling with

OP posts:

dontdisturbmenow · 27/01/2021 08:37

we said they are resting on our camper van and need mending
So you wanted it fixed. It then transpires that it's your responsibility but you are refusing to pay?

£180 for three posts is a very reasonable price. She is only asking for half and still you won't pay? For something you agreed needed to be done?

What a neighbour you are! Talk about taking the piss.

Original poster

Maxboy · 27/01/2021 08:45

It’s not me refusing to pay for it I said my partner would of done it for nothing she said it was her fence

OP posts:

billybagpuss · 27/01/2021 08:49

Just refer her solicitor to your house insurance legal team and don’t get involved. But do make sure you document everything that’s happened and been said. Including the notes and harassment, have you kept them?

Rillington · 27/01/2021 08:53

@dontdisturbmenow How is £180 a very reasonable price for 3 posts? That's an extortionate price.

OP send her a letter telling her to cease any harassment or you will take it further.

FFSAllTheGoodOnesArereadyTaken · 27/01/2021 08:53

Honestly
You dont even know it's not your fence
You told her it needed to be fixed
Its only £90 (I appreciate this is still a lot of money for some but if you own your own home then I'm guessing you can afford it and if not perhaps you could pay over 3 months or something).
For the sake of avoiding a war and a legal dispute with the neighbours I'd just pay

Surplus2requirements · 27/01/2021 08:53

Unless the deeds say differently the good side of the fence is a reasonable indicator of ownership.
Not worth getting into a legal battle about either way

WellFuckMeSIDD · 27/01/2021 08:54

but it still going on any advise?

Yes.

Paragraphs and punctuation make the reader's experience much more enjoyable.

dementedpixie · 27/01/2021 08:56

@Surplus2requirements

Unless the deeds say differently the good side of the fence is a reasonable indicator of ownership. Not worth getting into a legal battle about either way

This is also untrue. I have 2 good sides and share responsibility for both I agree its not worth a neighbour dispute though

KaptainKaveman · 27/01/2021 09:00

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

HikeForward · 27/01/2021 09:00

If the fence is yours according to the deeds, you’re liable to pay for any repairs.

It’s not her fault you told her to fix it and didn’t initiate a discussion about cost (nor did you check who was legally responsible for fixing it). You gave her permission to fix it for you.

Sorry but I think you would need to pay in full, if it’s your fence and you asked her to repair it!

Bing765 · 27/01/2021 09:02

Have you checked your title deeds to see if it says who's responsible for the boundary? I would send her a polite letter pointing out that your husband offered to do the work which effectively would have been free save for the cement costs, but she declined and chose to hire someone, therefore the cost is her responsibility. Maybe offer her £10 or £20 for the cost of the cement as a good will gesture if youre feeling generous but dont feel inclined to. If she hires a solicitor or takes any further action it's going to cost her a lot more than £180 so it's probably an empty threat. At the end of the day though you're stuck living next to this woman possibly for a very long time. If she continue harnessing you, consider reporting her to the police. You could let her know your intentions on your letter to.

user1471462428 · 27/01/2021 09:03

Just pay up. That’s my advice. Do not turn a small amount of money into a legal issue which many impact selling the house in the future.

Beamur · 27/01/2021 09:04

I think the advice is, if you don't know who owns the fence, find out if you can.
If not, split the cost with your neighbour.

GorvidAl · 27/01/2021 09:06

@Spaceman1

There is a presumption that the left hand side fence belongs to each house owner. It is rarely clear from the title plan.

Why on earth would you cave in and hand over money to someone who’s harassing you when you don’t even know whose responsibility the fence actually is? If it turns out to be the OP’s then fine, but if it’s the neighbours then she has absolutely no right to demand money without any discussion.

If anyone ever wonders why people pander to CFs, look no further.

Original poster

Maxboy · 27/01/2021 09:11

Some people can’t spell maybe they didn’t have the same education as you, there is no need to pick on someone because of their spelling or grammar.

OP posts:

Godimabitch · 27/01/2021 09:11

Have you looked at your deeds? If it's yours you should give her the money. You told her to fix it so she did and now it turns out it was you that was meant to fix it, I'd be pretty pissed off I was her too.

canigooutyet · 27/01/2021 09:13

When the fence fell did it damage your van?
If it did next time she mentions the fence tell her to pay for your damage caused by her property. Probably not legally enforceable but isn’t demanding money like she is dodgy as fuck.

Not sure though why your asking on here considering you have spoke to your legal team.

SD1978 · 27/01/2021 09:14

Was their any damage to the van? If you look at the deeds, and the fence is in her garden, then she owns some of your side too surely? Which would then decrease your garden side - if that's the case I'd be paying half so she doesn't remove it and put the fence further over.

canigooutyet · 27/01/2021 09:15

And dopey neighbour should have checked deeds before spending out cash.
Got three quotes and had a chat with the op about the cost.

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