To ask if there’s actually a rule on who is responsible for what fence.

[AnnB30]

Hi all. We have a fence all around our garden which is shared with neighbours on the right (own their house) and neighbours on the left (rent) their house if that’s relevant, we own ours. There is nothing on our deeds to say who is responsible for what. Also we share a fence with the person behind us but that bit seems very secure and unlikely to fall down.

It’s the row of fence either side of our garden.

On the left we’ve had a couple broken posts. Both us and neighbour have dogs so we just went halves as both wanted it done ASAP. So no issue here. Got the work done really quickly.

Now it’s the fence on the right. It’s about to collapse any day. The whole bloody thing is swaying in the wind and we’ve added a couple posts diagonally to hold it up. I’ve mentioned to the neighbours that we need to fix it but we aren’t sure who’s responsible! We don’t mind paying as we just want it done but there’s not been any reply. It’s like they don’t care the fence is about to collapse.

There is nothing on the deeds so I so assume both could be responsible.

The worst thing is they’ve attached all sorts of stuff to the fence their side (planters, mud gardens etc) and have rows of plants along it which means it might be more difficult their side.. I did mention the fence being dodgy before they added all of it but they did it anyway. We are generally on good terms with them with no issues.

The issue isn’t really the money, it’s just the fact they haven’t really responded and they need to get all their stuff off the fence and they just seem to think we will just fix the fence no problem.

Aibu to be a bit annoyed, I’ve mentioned it to this a few times it needs fixing and they just haven’t responded.

It’s their own house too. So it’s not like they have to ask permission from the landlord or anything.

Is there actually a legal rule about who owns what side etc?

I just don’t want to be taken for a mug? It’ll be quite costly if we do it! we’ve already gone halves for the other side!

I always used to think that you are responsible for the boundary on the left as you look at your house.

However where I live now the deeds stipulate that the responsibility for the boundaries either side is a shared one with the neighbour.

How frustrating for you. Hope you get the fence fixed ASAP!

We had it in our legal pack. Something along the lines of "facing the house from the road, who holds responsibility for xxx". Was filled out by our sellers.

If its not on the deeds then it is joint. The only way to get round that would be to put up your own fence just inside the boundary but that doesn't really help.
Just don't do what a previous neighbour did to me.....paid to get her full garden redone, wanted to replace the fence, so turned up on my doorstep and told me it would cost be £800. And she wanted it then and there! Wasn't on the best of terms with her anyway, but just told her I wasn't bothered if there was a fence there or not and I wouldn't be paying (I had enough shrubbery etc there to act as a hedge anyway). Shut the door in her face....don't know what she was expecting but her attitude was also horrible anyway.

Good luck, but it may be that as you want it fixing youwill have to do it...as far as I am aware there is no legal requirement to have a fence there at all.

Thank you. I’ve heard this too. When the left side needed fixing we went halves though. So it’s possible we were fully responsible but our neighbour and his friend actually did the job themselves so we just went halves on supplies and we gave him a little extra for doing it!

We just want it fixed as it’s a pain watching it sway in the wind and we’ve got things holding it up for now. Even if we have to pay for all of it, It’s just they need to move their stuff that’s attached to fence so we can get it sorted!

If it's not on the deeds then its both/neither. Ask to go halves, if they wont then you'll have to pay I think.

Which side is the ‘good’ side? i.e. which way do the fence posts face? Do you have the flat good side, or the fence posts and the rough side?

(If they’ve got mud kitchens presumably their children are small, and if you’ve got a dog I guess they won’t want it in their garden... so they’ll have to respond one way or other soon enough! I’d strategically remove one of those props if I were you and give it a shove in their direction...

If the deeds are silent it’s likely joint. We had this situation recently and spent £800 replacing it - we knew next door wouldn’t cough up and their bloody dog came to terrorise our dog and shit in our garden so we just did it.

Then the buggers played ball against the fence and broke some of the slats. Obvs they didn’t own up to it. We saw them!

Livid!

Completely irrelevant to your situation OP.

We’ve read the deeds cover to cover there is nothing. The fences were put in when the houses were developed. A few people around here have had the same issue! The neighbours near us had a fence for months as neither were willing to pay. We couldn’t do that as we have a dog and young children. We would just pay to get it done somehow!

Also if it’s rented it’s their landlords responsibility, ask for their details.

@LetMeOut2021

Also if it’s rented it’s their landlords responsibility, ask for their details.

The problem side is the owned side 😃

It won't be in the text of the deeds. It's a little symbol or slash on the boundary map usually IME

She said the neighbour on the right owns their house. We share costs for both sides.

@NoSquirrels bad or good side doesn't make a difference. For some reason I have 2 good sides!

@NoSquirrels

Which side is the ‘good’ side? i.e. which way do the fence posts face? Do you have the flat good side, or the fence posts and the rough side?

(If they’ve got mud kitchens presumably their children are small, and if you’ve got a dog I guess they won’t want it in their garden... so they’ll have to respond one way or other soon enough! I’d strategically remove one of those props if I were you and give it a shove in their direction...

This.

We’ve looked at the boundary map top. There’s nothing obvious on it either! 😩

We have all bad sides although we paid half for one side and the previous owners paid half for a long fence that goes across 2 other houses.....

Have you thought maybe your neighbours haven't answered because they can't afford it?

The posts are actually on our side on said side so probably is our responsibility. It’s not just the money I’m annoyed about it’s just they attached things after I said the fence will need fixing - this was last year! The whole length needs fixing/replacing.

@Mumdiva99

We have all bad sides although we paid half for one side and the previous owners paid half for a long fence that goes across 2 other houses.....

Have you thought maybe your neighbours haven't answered because they can't afford it?

Neither can we really! 😭 I’ve been mentioned a few times since last summer and they’ve just attached stuff to the fence which annoys me in itself. It’s their own garden but it does need to come down. It’s worse in winter when the rain and wind hit and the fence gets weaker and weaker.

Who is responsible for each fence is often marked with a tiny 'T' symbol. Could you have another look at your paperwork and just check you haven't missed it?

Sorry OP, cross post.

I think there is a T shape on my deeds but both sides have fallen over the years, with luck only once each side in 10 years but we just went 50/50. Our reasoning is we both benefit from the fence.

@Throughhistory

Who is responsible for each fence is often marked with a tiny 'T' symbol. Could you have another look at your paperwork and just check you haven't missed it?

I will have another look but I am sure it’s the same for all the houses around here. There’s often posts on the village Facebook page of people asking similar to what I have. The winds really pick up here and the fences added when the houses were built don’t seem to last the windy weather 🤣 So most people are refusing to fix or going 50/50!

We’d love to replace the whole lot but that is talking crazy money!

Interesting to know who owns the fence if it’s at the back of your garden (not left or right) and backs onto another. That part is quite small and seems solid but if it did go down..

The posts being on your side is only indicative of who is likely to have arranged the repair before. That doesn’t make it the legal position. Just like our fence is shared, but we know next door would never have paid. So we did it. That doesn’t set a legal precedent forever.

The back is no different than the sides. Same principle.

I think you need to be explicit about what you'd like the solution to be. I have been in a similar situation to yours, though I was the "clueless/unresponsive" side!

My neighbours wanted a trees of ours removed/trimmed. They knocked on the door and asked if "we" could get a branch cut off the tree. I was sleep deprived due to newborn twins, knackered due to ongoing and massive house renovations, and boggled due to a new job, and totally heard the "we" as meaning them. I said "yes, of course" and thought no more of it. She mentioned it again a couple of times, and I just kept saying "err, yes" and wondering why she hadn't done it again yet

If I were you, I'd get a quote or three for the new fence, like for like. Then write to then and say "got this quote, they could start next monday, it'll cost £xxx. Since we don't know who owns the fence, could we go halves on the cost? Please could you confirm by x date whether you're happy to pay half of the cost, and that you will be able to remove your mud kitchen etc from the new fence by x date so the contractors can start".

Be really clear what you want from them, don't just state the problem that the fence is broken and needs fixing!

Maybe they are waiting until it falls down before they need to think about it.