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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:
BurgundyBells · 18/03/2021 21:00

I can't quite believe the amount of illogical nonsense on this thread.

The fence belongs to whoevers land the posts are on. Who has the pretty side of the fence means nothing.

It's also advised that fence posts should be on the INSIDE of your garden for security. So the 'pretty side' - which is the safe, less climbable side - facing out.

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🤦🏻‍♀️

celandiney · 18/03/2021 21:01

Someone will own the fence and that person is responsible for maintaining it,but the posts aren't a decider.When we put our new fence up we put the "nice" side facing our neighbours because I wanted the posts accessible to grow plants up and hang things on.

Hoppinggreen · 18/03/2021 21:01

We have never been able to figure out from our deeds who owns which fence . When the one on the right needed doing we went halves because we both wanted a new fence. When the one on the left needed doing we paid because the neighbour on that side wasn’t bothered about having a new one
If she doesn’t want a new fence you can’t make her pay even if she does own it (and you don’t know that she does). She is under no obligation to even have a fence there, just a boundary marker

Hoppinggreen · 18/03/2021 21:02

@BurgundyBells

I can't quite believe the amount of illogical nonsense on this thread.

The fence belongs to whoevers land the posts are on. Who has the pretty side of the fence means nothing.

It's also advised that fence posts should be on the INSIDE of your garden for security. So the 'pretty side' - which is the safe, less climbable side - facing out.

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🤦🏻‍♀️

The posts on our fence are on both sides
hulahooper2 · 18/03/2021 21:03

The nice side of your fence should actually be facing your neighbours , and you have the sides with the posts.

Returnoftheowl · 18/03/2021 21:04

Check your deeds. Whoever owns the fence posts for any repairs. Although if it turns out to be her fence I don't think you can force her to replace it.

Terminallysleepdeprived · 18/03/2021 21:06

Your neighbour's reasoning is ridiculous. As others have said, owner would normally have posts and pretty side goes to the non owner.

That said the only way to settle is to check the title deeds for both properties. You can down load from land registry for £2.50. Look at who owns the fence. In my experience it is usually the left side and rear unless the left side forms the rear of another property. However in my terrace both left and right are shared boundaries and rear belongs to the house at the back of mine.

Jolie12345 · 18/03/2021 21:06

You would need to know who owns the boundary. But even if it’s hers it’s up to her if she wants a new fence?

HogglePoggle · 18/03/2021 21:06

The owner is usually the one with the posts in the garden. We’ve always gone halves on fences with neighbours though.

Shemeanswell · 18/03/2021 21:07

Can’t wait to find out who owns this fence

SylHellais · 18/03/2021 21:07

Really. Hmm

SimplyMarvellousDarrrrrrling · 18/03/2021 21:08

This reply has been deleted

Message withdrawn at poster's request.

winewolfhowls · 18/03/2021 21:09

I think it's strange she initially agreed but now has gone back on it, perhaps covid has affected her finances but she is embarrassed to say. I think as a general rule its neighbourly and kind to go halves as long as some notice is given, which you did. That way you might also get a say on colour, height and style of fence!

ArianaDumbledore · 18/03/2021 21:09

Our deeds don't specify and we ended paying for both sides as both neighbours were adamant.

VettiyaIruken · 18/03/2021 21:10

You can't demand money from her. Even if it is entirely her fence she is under no obligation to replace it.

OnTheBenchOfDoom · 18/03/2021 21:10

The only way to tell is to look at the deeds. The whole left hand side or fence posts is not a definitive way to tell.

My fence posts are in the middle of the boundary and my deeds say we have to maintain the fence/wall jointly with the neighbour. This is unusual to say that fences/walls etc have to be maintained and kept in good repair.

jenkel · 18/03/2021 21:11

One of you owns the fence, and for us it was the side that had the posts, our side. But our neighbours are lovely and wanted the fence done so agreed to pay half, which we jumped at but very conscious that they didn’t need to do that so very grateful.

PaddingtonsSister · 18/03/2021 21:11

Maybe she just doesn’t see it as priority to replace it at the moment

Hallyup5 · 18/03/2021 21:12

You need to find out who owns it. You can't presume. Our back fence is shared and there's a boundary between the houses over the back running perpendicular to the fence, so 3 of us own the fence along the boundary of our garden. It's a bloody nuisance.

mumwon · 18/03/2021 21:13

when you buy a house if you have a good solicitor they will (should) check which are your fences & have the records, it may be worthwhile checking them if they didn't send them to you & are storing them (we had a fence issue with one of our properties & our (good) solicitor sent me an email copy of page during the first lock down bless her little heart! & noted in the deed who has responsibility for which fence - unless they are the original fences you cannot be sure whose fence is whose because the "wrong neighbour" who didn't own the fence may have replaced them.
Some back fences can be jointly owned - it maybe worth while checking the deed of your neighbours as well as your own - particularly if they are registered. They only cost £3 from land registry
The fence side thing is misleading

ballsdeep · 18/03/2021 21:13

Your neighbour is right. If the fence is on your boundary, you need to pay

catemor · 18/03/2021 21:13

You don't both share ownership of the fence. You need to check your deeds. Problem solved!

CrotchetyQuaver · 18/03/2021 21:15

@Rollmopsrule

It's actually the other way round. The presumption is the owner of the fence has the posts on their side. Presumptions can be challenged but that's how it usually works as the maintenance would usually be on the post side.
Yes my understanding g is that this is correct. It's confusing when it's done the other way. Only way to find out who is responsible for the boundary is to check your property deeds
poppydog3 · 18/03/2021 21:15

Neighbour doesn't have to pay if it's not hers. depends how friendly you are with them though, we got new fences and neighbour offered to pay half but she didn't need to do this.

Jalfreziqueen · 18/03/2021 21:16

I think you are wrong. As I thought when you own the fence you have the post on your side. That’s how it is for us. You definitely need to check your deeds