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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Neighbour won't half in for fence

476 replies

thunderandbangs · 18/03/2021 20:36

I spoke to my neighbour over the back from me about a year ago to see if she'd be willing to half in for the back fence (fence at back of her garden, fence at back of ours) and she said yes that would be fine and to give her a quote when we had it.

Then Covid happened so we have just gotten round to it. I went over to give her quote (150 each) the other night. She then said that actually the fence at the back was our priority to fix and pay for as the posts are on her side of the garden! Confused

I said I don't think that's how it works and she said that the two fences at the left and right of her garden were her responsibility as the posts were in the neighbours garden therefore she gets the 'pretty' side of the fence meaning it's her responsibility. But as the fence at the back of the garden posts are in her garden and we get the 'pretty' side of the fence it is our responsibility.

She said she can't just go around halfing in for the upkeep of other peoples things and when the time comes she won't ask her neighbours to on either side either.

AIBU to think this is absolutely bonkers? Trying to find out if there's anything I can do to ensure she pays half as that is not how it works. She has a responsibility as well as we do.

OP posts:
RoSEbuds6 · 19/03/2021 09:09

In your position, I would just erect my own fence inside my garden and then just let her get on with her old one, she might not have enough money to split the costs with you either.
As numerous people have said your deeds will make everything clear, so I'd check those before you go any further.

BarbaraofSeville · 19/03/2021 09:18

I can't believe the number of posters who are apparently erecting their fences with a built in ladder for someone to climb on the outside, just so they don't have to look at the posts

Well that's Mumsnet for you. Everything must be 'just so' and obviously no-one would live in an area where anyone would do anything as antisocial as climb over someone else's fence.

saraclara · 19/03/2021 09:18

All the answers you need. Sadly few useful rules though.

www.boundary-problems.co.uk/boundary-problems/fences.html#Is%20it%20true%20that%20every%20house%20owns%20the%20fence%20on%20its%20left%20side,%20as%20you%20look%20at%20it%20from%20the%20street?

canigooutyet · 19/03/2021 09:25

I wouldn’t go back until you have checked the deeds.
The “girl” it seems unlike you has done their homework since you spoke last year and tbh I don’t blame her.
It would have been different if she wanted your property repaired but you went to her

RevolvingPivot · 19/03/2021 09:27

Does it matter? If they own it they still don't have to buy a new fence.

Eddielzzard · 19/03/2021 09:31

I will go over tomorrow morning before work and give it once last shot trying to convince the girl.

No! Check the deeds first. If it's your fence, you pay. If it's hers, she pays.

Nanny0gg · 19/03/2021 09:33

@Eddielzzard

I will go over tomorrow morning before work and give it once last shot trying to convince the girl.

No! Check the deeds first. If it's your fence, you pay. If it's hers, she pays.

Only if she wants a new fence!!

She isn't obliged to pay for anything, whoever owns the damn thing!

Bottom line, unless it's dangerous it doesn't have to be replaced or repaired (or removed)

changi · 19/03/2021 09:37

No! Check the deeds first. If it's your fence, you pay. If it's hers, she pays

Surely, if it's hers, she can decide whether to pay or not.

greenfrogs1 · 19/03/2021 09:37

As PP have said. Check the deeds!

GoodbyePorpoiseSpit · 19/03/2021 09:41

I really really really want the neighbour to start a thread about this Grin

Jocasta2018 · 19/03/2021 09:41

Check your deeds - I own the back fence & all the right hand side fence & it is clearly marked.
My rear fencing has the pretty posts & the right side has the posts. My neighbour on the right had planted voracious climbers using the posts but had to take them down once I'd changed the fence. As her climbing plants had been ruining the old fence, I didn't want to give her the opportunity to plant anymore.
I have requested that she doesn't plant anymore & will ask her to remove them if she does as I don't want this fence getting trashed - not sure if I'd have a legal leg to stand of if she did but the fence is on my land & she would be damaging my property!

RedMarauder · 19/03/2021 09:43

OP if the posts are on her land then it is her fence. You have no legal right to remove it, step on her land to replace it or repair it. You need to leave it be.

Instead you need to put posts up on your own land and your own fence. You are within your rights to ensure she does not attach anything to it or paint your fence. And as she is refusing to pay for it I suggest you write to her, keeping your own copy, informing her of this.

As PPs have pointed out it may be on your deeds or documentation who owns the fence, however many properties don't come with this information so you need to go on what is there before.

Personally if your deeds don't say who owns the fence and you don't have a dog, I would leave her fence alone, put a wire fence up right next to it and then grow bushes to hide it.

honeylulu · 19/03/2021 09:43

Solicitor here.

As PPs have said, check your deeds, that will hopefully give the answer although unfortunately many LR plans are unclear.

It is a rebuttable presumption based on logic that the neighbour with the fence posts on his/her side will be the owner, because both posts and panels are accessible for the owner to maintain.

But also true that unless the deeds so provide, a boundary does not have to be fenced, walled or marked in any way. So if the owner does not want to install/replace/repair a fence it does not need to do so*. (The non-owner can install a fence but must do so entirely within its own boundary to be strictly compliant with the law).

  • An exception to this is if the fence/wall is in a state which risks causing damage to the non-owner's property in which case you would have an action in the tort of nuisance and could apply for specific performance but this may well only extend to removing the dangerous fence/wall and not to replacing it.
Rhubarbcrumblerules · 19/03/2021 09:49

Mine is shown on the transfer of title document dated 1988. Just had a look as its part of the documents i received when selling my house recently. there are T's on all the fences and if the T faces into your garden then you own the fence.

DragonPoop · 19/03/2021 09:52

I agree with your neighbour, I wouldn’t pay half for a fence with a neighbour. If on the deeds it was my fence then I would pay the full amount, if it wasn’t my fence on the deeds then I wouldn’t pay a penny- not my responsibility

Oldraver · 19/03/2021 09:52

Traditionally fence posts were always on your side and the good side to your neighbours. This gave an indication of who was responsible for the boundary

The last 10-20 years most people have the good side to themselves and if they are paying a lot I don't blame them

Our house was built 23 years ago and there is no indication on the deeds as to whose fence, the developer and solicitor both said we have to assume joint rights

It's a bloody nightmare nowadays

LolaSmiles · 19/03/2021 10:01

I'll get deeds, think hubby knows where they are but he's nightshirt tonight. I will go over tomorrow morning before work and give it once last shot trying to convince the girl

Or you could check the deeds first before harassing 'the girl' (lovely Hmm)

Either you are responsible for the boundary (in which case you pay for the fence), or she is responsible for the boundary (in which case you can't harass her into changing the fence).

You've got CF written all over you OP.

SeperationSally · 19/03/2021 10:07

Check your house deeds. That will tell you who has the responsibility to pay.

SchadenfreudePersonified · 19/03/2021 10:09

@thunderandbangs

I spoke to my neighbour over the back from me about a year ago to see if she'd be willing to half in for the back fence (fence at back of her garden, fence at back of ours) and she said yes that would be fine and to give her a quote when we had it.

Then Covid happened so we have just gotten round to it. I went over to give her quote (150 each) the other night. She then said that actually the fence at the back was our priority to fix and pay for as the posts are on her side of the garden! Confused

I said I don't think that's how it works and she said that the two fences at the left and right of her garden were her responsibility as the posts were in the neighbours garden therefore she gets the 'pretty' side of the fence meaning it's her responsibility. But as the fence at the back of the garden posts are in her garden and we get the 'pretty' side of the fence it is our responsibility.

She said she can't just go around halfing in for the upkeep of other peoples things and when the time comes she won't ask her neighbours to on either side either.

AIBU to think this is absolutely bonkers? Trying to find out if there's anything I can do to ensure she pays half as that is not how it works. She has a responsibility as well as we do.

It's the other way round, surely?

The side with the posts has the responsibility for the fence. Any maintenance falls on the person who owns the fence posts.

Springsnake · 19/03/2021 10:18

We had to pay for fences both sides of us ,,and we didn’t get the pretty side

subbysammiexoxo · 19/03/2021 10:20

Doesn't matter if it was falling down. If it is yours by the deeds then fix it.

GlancingQueen · 19/03/2021 10:35

@subbysammiexoxo

Doesn't matter if it was falling down. If it is yours by the deeds then fix it.
Or remove it. There is no legal requirement to build a fence on your boundary.
SimplyMarvellousDarrrrrrling · 19/03/2021 10:40

Ah, the thread that just keeps giving.......

Has anyone mentioned checking the deeds 🤣

Belladonna12 · 19/03/2021 10:40

It doesn't depend on the pretty side. It depends on who owns the boundary. I suppose is a good chance that the person with the pretty side is the owner of the boundary though as most people paying for the fence would make sure the nice side is facing them. Therefore, it's probably your cost although check the deeds first.

BarbaraofSeville · 19/03/2021 10:42

Someone needs to say it. Is 'check the deeds' the new 'cancel the cheque'?