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AIBU?

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Original poster

Who should pay for the fence?

45 replies

EndlessDust · 09/03/2023 11:53

Due to some work we have done in the garden of our new house, the fence on one side has almost fallen down since the plants (weeds and overgrowth!) which were propping it up on our side no longer do this and it’s apparent that the very old and rickety fence is in sore need of replacing. His side has many plants which lean on the fence and it’s about to collapse.

The issue is that our neighbour owns the boundary and it’s ‘his’ fence. He says he should not be responsible for paying for a new fence since it was our gardening and plant clearing he blames the issue on. We have offered to pay for the fence but he is also insisting on having the ‘good side’ facing into his garden. Which we would be okay with if he was paying, but since he refuses we feel this is somewhat unfair. The fence we are proposing to buy is much higher quality than the existing one too, so no side is especially ‘good’ in comparison to the other really. WWYD?

OP posts:
Theunamedcat · 09/03/2023 11:55

Not pay itsjust going to keep breaking if he has plants leaning on it you need something more solid

Fundays12 · 09/03/2023 11:56

Personally as you knocked the fence down you should replace it and pay for it in my opinion.

Dacadactyl · 09/03/2023 11:57

Would he not go halves? That seems fairest solution to me.

IamSmarticus · 09/03/2023 11:57

Get a fence that looks the same from both sides so that there isn't a good side? Plenty of them are like that now, surely.

Original poster
EndlessDust · 09/03/2023 11:59

Dacadactyl · 09/03/2023 11:57

Would he not go halves? That seems fairest solution to me.

He won’t contribute anything. In fact he’s also asking for extra money to compensate for the ‘inconvenience’

OP posts:
carriedout · 09/03/2023 12:00

His fence his problem.

Why did you agree to pay? You need to walk that back. Say you have researched and he is responsible.

Dacadactyl · 09/03/2023 12:01

Oh God, he sounds a nightmare.

I'd be tempted to say you're prepared to go halves and that's it. If he doesn't want to go halves he has to cough up.

I wouldn't replace the fence and would see what he does. I suspect he'll replace it at that point.

carriedout · 09/03/2023 12:01

EndlessDust · 09/03/2023 11:59

He won’t contribute anything. In fact he’s also asking for extra money to compensate for the ‘inconvenience’

Show quote history

He's a tosspot then.

Disengage.

SeaToSki · 09/03/2023 12:01

Put your new fence in on your side. His fence can lean against it if he wants. You just give up a few inches of your garden and have no more arguments going forward (and in case it wasnt clear, just leave his old fence where it is)

fruitbrewhaha · 09/03/2023 12:03

No, you don't have to pay to replace his old fence! Tell him to sort his own fence out. I can't see why you've got in the position of offering to replace what he should pay for.

FuckoffeeBeforeCoffee · 09/03/2023 12:03

I'd pay for the fence and keep the good side just to annoy him but I'm petty.

In reality, he should pay. Similar happened with us and our neighbours fence. We offered to pay to replace the post (as we removed the thing propping up their fence) but they wouldn't have it. That's the way neighbours should be.

POTC · 09/03/2023 12:03

Leave his fence, put your new one up on your side of it

Movinghouseatlast · 09/03/2023 12:10

If you pay for the fence then the structure belongs to you, he can't paint it etc. Look on gov.uk for rules on fences.

In this situation we put a fence in front of the neighbours fence, wholly on our land. So we lost a few inches.

The problem with these disputes is they cost thousands to resolve legally if you can't resolve between you

TwoLeftSocksWithHoles · 09/03/2023 12:21

@Movinghouseatlast

Agree with this, have your own fence six or nine inches inside your boundary. It's actually easier for the fencing people as you want the 'good side' as they nail the boards from the 'good side'.

Perhaps oddly, I prefer the 'other side' as it makes me feel enclosed whilst the 'good side' makes me feel like I've been shut out! I wonder what a psychiatrist would make of that! 😜

LIZS · 09/03/2023 12:26

Was it his fence? It might be his boundary but not necessarily his fence. If you want better one you pay for it.

GasPanic · 09/03/2023 12:33

TBH he doesn't sound reasonable, unless your story is somewhat embellished - its hard to see how "weeds and undergrowth" can prop up a fence - or at least what my idea of weeds and undergrowth is.

If I was in his position I would be happy to have someone pay half, let alone the full amount. The fact that he wants you to pay everything, the good side and some sort of compensation on top of that just comes across as someone who won't be reasoned with.

I would put up my own fence, inside the boundary on my land. Then you have control over it and can choose to do what you wish re the side.

I guess the only problem will be if he leaves his crap excuse for a fence in place and it collapses on yours, damaging it. I would go for concrete posts and panels because once you have the posts put in the panels are easy (and cheap) to replace.

TheNoodlesIncident · 09/03/2023 13:21

The boundary is where your land meets his land. I don't see how one person can own where two plots meet. He may own the fence that was placed there previously, in which case he is solely responsible for maintenance; his property, his job to maintain it. It sounds like he hasn't maintained it and it is in a poor state of repair.

So, your options are:
a) Buy a new fence of your choosing and place it on your boundary's side of his fence. Leaving his fence in situ and not tampered with.
b) Liaise with him with respect to styles and agree the finances/split of costs.

My guess is that your NDN is not going to be obliging about any of it including pitching in for the costs, so I would go for a) myself. Then it's up to your NDN if he wants to remove his rotten fence afterwards.

Tinkerbyebye · 09/03/2023 13:39

I would simply put the highest fence I can on the my side of the border, not touching his fence, nice side facing in and advise him that he can’t touch your fence, no painting nothing.

Pinkbananas01 · 09/03/2023 13:44

Just put your own fence up. Our NDN fence panels blew down, waited almost 6 months for h8m to replace with what he said would be a new ranch style fence, it was instead 4foot high meaning no privacy in back garden. We immediately put up a 6foot fence on our property, he still doesn't understand why

SimplySipping · 09/03/2023 13:51

YANBU to insist on choosing the way the fence is facing. If he cares about it so much then he can make a contribution. Whether it's worth a massive falling out over is up to you.

Personally I prefer the "good side" facing outwards anyway, because it's more secure.

Frabbits · 09/03/2023 13:51

He can't have it both ways.

He clearly didn't maintain the fence, so that's his fault.

If he won't pay for a new one, then put one up on your land and you can face it whichever way you want.

RichardHeed · 09/03/2023 13:54

You don’t need to pay for the fence but, he technically doesn’t need to either as it’s not a requirement to have a fence. As PPs have said, you erect the fence on your side, the boundary line being where his rotten fence is. You lose inches but you’ll also lose the stress of dealing with it. Fwiw if a neighbour told me I needed to pay for a new fence they’d be shit out of luck as I couldn’t afford it 🤷🏻‍♀️

dizzydizzydizzy · 09/03/2023 13:56

He should pay. Not your fault his fence was so rickety that it needed your plants to hold it up.

PinkSparklyPussyCat · 09/03/2023 14:03

TBH he doesn't sound reasonable, unless your story is somewhat embellished - its hard to see how "weeds and undergrowth" can prop up a fence - or at least what my idea of weeds and undergrowth is.

When we moved here the neighbour at the time had ivy growing up our fence and I'm sure it was the only thing that held it together. When he died DH replaced the fence and killed the ivy at the same time (we hadn't been waiting for him to die, it just happens it sadly coincided with us being able to afford a new fence).

GrumpyPanda · 09/03/2023 14:05

So, your options are:
a) Buy a new fence of your choosing and place it on your boundary's side of his fence. Leaving his fence in situ and not tampered with.
b) Liaise with him with respect to styles and agree the finances/split of costs.

Or c), just live on happily ever after without a fence. Are there any pets involved on either side OP? Personally, having lived in areas where local planning didn't permit fencing, a couple of higher bushes might do the trick.

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