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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:
SingClearlySweetly · 18/03/2021 21:31

I’m sure the posts are on your side, when you install the fence, or how would you ever replace them ? That’s where the post holder, or concrete goes. In your garden.

raincamepouringdown · 18/03/2021 21:32

Deeds.

Posts don't necessarily mean anything.

BungleandGeorge · 18/03/2021 21:32

It should be on your deeds but generally the ‘owner’ of the fence has the posts on their side

RB68 · 18/03/2021 21:32

if you have the pretty side of the fence then its the the other persons fence and if you have the posts its yours - but if you find the deeds it should show fence ownership. Rule of thumb is that they are the responsibility of the person with the ugly side :-)

GreySkyClouds · 18/03/2021 21:33

@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.
This is what I thought too
emilyfrost · 18/03/2021 21:34

YABU. She’s probably right; you don’t jointly own the fence - only one of you does and whoever does should pay in full for it.

You can’t make her pay halves for a fence that isn’t hers Confused

StoneofDestiny · 18/03/2021 21:35

Post in your garden, your fence.
But don't neighbours usually share cost anyway?

HazelWitch · 18/03/2021 21:36

Seriously? It is not about posts and pretty sides. Our neighbours have the ugly side simply because they had a load of climbers to cover it and we don't.
That doesn't change who is legally responsible for the boundary on the land registry and house deeds.
Even if you replace someone elses fence because they can't be bothered, it it's their fence the land registry and house deeds won't change...

MintyMabel · 18/03/2021 21:36

I'd always understood it was the opposite - the posts were on the owner's side so that the owner would not need to go into the neighbour's garden if anything needed replacing it fixing. Might be wrong though.

That makes no sense. If you are putting fence up, you do it from the front side of the fence, not the back of it.

darefullyciverse · 18/03/2021 21:37

We are responsible for left and back boundaries. Ours is an ex council house and when they were sold off the council gave away as much responsibility for boundaries as possible. So the houses that were sold off first are responsible for front, back, left and right boundaries.

BronwenFrideswide · 18/03/2021 21:37

The law presumes that the posts and rails will be on the owners side of the fence, therefore, the 'good' side goes towards the neighbour

So your neighbour (and other posters) have got it arse about face.

Original poster
thunderandbangs · 18/03/2021 21:40

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.

OP posts:
MintyMabel · 18/03/2021 21:40

Post in your garden, your fence.

This also doesn’t make sense. The posts at the rear of our garden face on to council owned land. By this argument, our rear fence would belong to the council. It doesn’t.

As others have said, it will depend on where the actual boundary is. In our garden the deeds show the left fence (where we see the posts) belongs to our neighbour. All the other fences belong to us.

Standrewsschool · 18/03/2021 21:41

@RB68

if you have the pretty side of the fence then its the the other persons fence and if you have the posts its yours - but if you find the deeds it should show fence ownership. Rule of thumb is that they are the responsibility of the person with the ugly side :-)
That’s not true.

The people who pay has the choice as to which side of the fence they have. There is no law or etiquette as tomsay who has which side. If they buyer wants the pretty side, they can have it. The only exception is when the fence borders a public area, such as a road, and then the pretty side should be on the roadside.

BMW6 · 18/03/2021 21:41

Whatever the deeds say regarding whose fence it is, surely if the owner of the fence can't or won't pay for a new fence then that's that.

You either pay for the new fence yourself, or put up with what there is. Certainly it would cost more in Solicitors fees to try and impose an order to get the neighbour to replace fence than just pay for one yourself!?

Somanysocks · 18/03/2021 21:42

My fencing bloke said the owner gets the post side, it makes it more difficult for people to climb the fence. If you look in the street the 'pretty' side always faces out to the pavement.

Voice0fReason · 18/03/2021 21:42

It's not a rule.

We gave ourselves the pretty side because our neighbours were complete arses who wouldn't allow us onto their property, so we had to build it from our side. That meant the posts had to be on their side for us to fix the panels onto.

We don't have to worry about someone climbing it because the fence only backs onto other gardens.

howmanyhats · 18/03/2021 21:43

On my road, fences are jointly owned by neighbours, both sides are responsible for the cost. But that's unusual, for most people they get one side that's their whole responsibility and not the other.

saraclara · 18/03/2021 21:44

There is no obligation to have a fence anyway. When we bought our first home we didn't have a penny spare, and the builders hadn't put any fences in. Just 3' posts with two strands of wire. The neighbour on the other side of the boundary that was our responsibility wanted to put a fence up, and asked us to go halves. But we simply couldn't. We could barely meet our mortgage (this was back in the day when interest rates were sky high). I apologised and explained our situation, saying that we were happy to live with no fence because there were so many things that came ahead of it in the priorities, even when we started to have some spare cash.

They were obviously disappointed, but at the same time they could clearly see that we were a very young couple in a two-bed house, while they were in their 40s and in a four-bed house, so they just put one up and paid for it.

Lovemusic33 · 18/03/2021 21:45

Well my neighbour put up the fence on the left hand side of my garden, the posts are on my side (he has the nice side), fence on the right my other neighbour repeated last summer so I am unsure of that’s mine either. My house is council property as are my neighbours so we have no deeds. If someone wants a fence replaced then they either contact the council (so they can put up a cheap nasty panel) or they do it themselves, which is what they have done. The fence at the bottom is mine.

OP, if you want the fence replaced then you should pay for it.

MintyMabel · 18/03/2021 21:46

The law presumes that the posts and rails will be on the owners side of the fence, therefore, the 'good' side goes towards the neighbour

Which law in particular?

lalafafa · 18/03/2021 21:47

@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.
Why the hell would you pay for the best side to face your neighbours?
DoggyDoolittle · 18/03/2021 21:49

@ChessieFL

You need to check your deeds to see who actually owns the fence.
Yes, check the deeds. Posts on your land would definitely suggest ownership of the fence. If you've got nice manners, you give your non-paying neighbour the "good" side of the fence (though many don't, these days)
Melroses · 18/03/2021 21:50

Why the hell would you pay for the best side to face your neighbours?

Because the posts have to be on your land, so you lose the 4 inches or so between the fence panel and the edge of the post around your garden.

Barton10 · 18/03/2021 21:51

Many title deeds of older properties are silent as to the deeds in any event. Newer properties will usually have the boundaries marked with “T” marks on the original transfer to the first owner of the property. If you bought in the last six years your solicitor should have a copy of this or you can obtain one from the Land Registry for £3. Even if your neighbour is responsible you can’t force her to pay it’s not worth falling out over £150 .