Shared fence boundary needs fixing - neighbour landlord is slow

[custardbear]

One of our boundaries is a shared fence with the neighbour. The owner doesn't live there, he rents to a lovely tenant. She's been asking him for about a year, possibly longer, that the fence needed replacing. She thought it was his responsibility but I checked the deeds when she mentioned to me and it is joint. I spoke to him months and months ago saying we should sort ASAP (probably back in the winter months) and emailed him in May, chased up a couple of weeks ago as he's not responded. He sent a message saying ' give me two weeks to get back to you as I'm very busy' ... this is a typical excuse from him, time and time again he takes months to sort things out.
I'm getting so annoyed, we don't have a back gate even because the fence needs replacing before we fix the gate in place, and we're waiting for him to get himself sorted ... AGAIN! I've emailed him saying we can purchase the panels and get someone to put them in, but wondered if he wanted to have input as to the fence type / height etc ... nothing for 5 days so far.
He needs to do all of the panels on our side, the other side and his front (those don't border our property) so would make financial sense to him to do it all at once - what should I do now - I'm considering just getting it done and sending him a bill for his half - AIBU to do this
It annoys me as we're on a main road, I've got a 9 year old who isn't very sensible but doesn't go out the front, however I'm always wary when he's outside alone in the back garden
Thanks

Unsure what you can do but if you get it done without him agreeing to it I highly doubt he will pay for half when you send him the bill. Will you be happy paying for the whole thing? Because that’s what would happen.

Who paid for the fence that is in place at the moment?

He's happy as things are. If you want change I'm afraid you'll have to swallow the cost

Does he have a management company you could contact.

As a LL myself I find it offensive that he's taking so long. Are you and your neighbour both renting from same landlord?

I would get three quotes for the fence repair like for like with a gap for your gate and with agreement from your neighour.

then email him and say this needs to go ahead and the costs will go to him and if you and neighbour pay upfront you will deduct from your rents unless you hear back from him pronto.

I would just buy and install a new fence tbh.

Wouldn’t bother anymore with the landlord, he has no intention of replacing the fence and legally, he doesn’t have to pay if he didn’t agree to it.

I’d take photos of the existing fence, screenshots of all the emails back and forth and go and get the new fence.

Just because it’s a shared boundary (and I suspect actually it isn’t), doesn’t mean you can unilaterally spend money on it and invoice him.

Just because it’s a shared boundary (and I suspect actually it isn’t), doesn’t mean you can unilaterally spend money on it and invoice him
This.
You can’t force him to pay.
Remember too that being a rental, you don’t have much security, he could choose to service you notice at any point and he would be within his rights to do so.

@Sugarandtime

Who paid for the fence that is in place at the moment?

We paid for the back half that's still ok, but that was before he bought it. The end nearest the front was done before we moved in by the next door neighbour - must have been about 20-30 years ago though way before we moved in

@crosstalk

Does he have a management company you could contact.

As a LL myself I find it offensive that he's taking so long. Are you and your neighbour both renting from same landlord?

I would get three quotes for the fence repair like for like with a gap for your gate and with agreement from your neighour.

then email him and say this needs to go ahead and the costs will go to him and if you and neighbour pay upfront you will deduct from your rents unless you hear back from him pronto.

We own our house, he just owns next door. His tenant really wants it fixing, she's elderly but is so house and garden proud I feel so sorry for her - but it's literally falling to bits so needs some urgent replacement

Just put up your own fence inside your boundary.

@HasaDigaEebowai

Just because it’s a shared boundary (and I suspect actually it isn’t), doesn’t mean you can unilaterally spend money on it and invoice him.

There's no inverted T on the boundary either side so assume it's shared

@Powertothepetal

Just because it’s a shared boundary (and I suspect actually it isn’t), doesn’t mean you can unilaterally spend money on it and invoice him This. You can’t force him to pay. Remember too that being a rental, you don’t have much security, he could choose to service you notice at any point and he would be within his rights to do so.

We own our home, we've owned it about 15 years - he only owns the rental next door

Here's a couple of snaps to demonstrate how bad it is ....

I am afraid that if you want a fence you will either need to fix it or put up a new fence within your own boundary . There isn’t any legal requirement to have fencing to mark the boundaries of your property unless it is next to a railway line or to keep in live stock . If he confident that his tenant won’t leave because of it and it doesn’t bother him he might stall forever .

There's no inverted T on the boundary either side so assume it's shared

I’m a solicitor. That doesn’t mean it’s shared I’m afraid, it just mean that the plan doesn’t tell you who owns it.

I. Your position is just replace the fence.

Boundaries are rarely shared. Someone owns the land the fence sits on but its one property or the other, not both. You might need a surveyor to determine if you want to be certain but even then it isn’t always possible.

@HasaDigaEebowai - thanks! I may just go ahead then as I can't wait forever - it'll be cheaper to do the fence than find out who is the owner of the boundary lol 😆

We own our house, he just owns next door. His tenant really wants it fixing, she's elderly but is so house and garden proud I feel so sorry for her - but it's literally falling to bits so needs some urgent replacement
That’s even worse!!!!
Listen to yourself.
You own your house.
Your elderly neighbour rents and has no security.
She could be served notice at any point, perfectly legally.
Are you going to house her if her LL decides she’s too much trouble and serves her notice?
You have no right whatsoever to bill the landlord for a new fence and if you do he may retaliate and serve her notice and she’ll lose her home.
If you care that much buy a new bloody fence and keep the landlord out of it!

Just put a new fence up yourself just inside your boundary.

Sorry, just seen another poster had already made the suggestion

@Sugarandtime

Just put a new fence up yourself just inside your boundary.

Yes- we're going to 🤩

If the fence belongs to the landlord and is on his land if he wanted to he would be within his rights to remove the fence completely.