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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:

GasPanic · 09/03/2023 14:18

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).

Yes. I've been there - my last fence was held up by ivy and the removal of the fence and the ivy was a pain. I think with ivy its almost inevitable that if you leave it long enough it will wreck any fence it attaches itself to - and you will wreck any fence in the process if you try to take it down.

Just not sure that ivy falls into what I would call "weeds and undergrowth" but I guess it is subjective.

Mortimercat · 09/03/2023 14:24

Whoever wants a new fence needs to pay for the fence, because nobody is legally obliged to provide and pay for a fence. In this scenario, I’d probably just put up my own fence a few inches away from the existing one within my boundary.

billy1966 · 09/03/2023 14:30

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)

This.

Make it clear that nothing is to be hung on your fence.

Dreamstate · 09/03/2023 14:56

I had something similar, I was redesigning my garden and had the ugly side of neighbours fence that they owned. Incidentally their fence was rotting away at the posts so they would have to replace it as it would not have last another winter. I offered to pay half (which for them is great as they save half the cost) but they didn't want to do that. Fair enough their decision.

I just stuck up my own fence infront of theirs, lost 10cm at most (the width of a post) and made it clear that if they ever removed their fence and decided not to replace it they need to put something into make the boundary clear and they cannot just take the extra land.

Just put the fence up next to his, not even worth the hassle dealing with them.

PlimplePlop · 09/03/2023 14:59

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! 😜

Ha, I feel exactly the same. The 'good' side facing inwards just seems wrong. Plus it's much easier to have climbing plants going up the 'wrong' side, easier to fit hooks / wires to etc.

WeeOrcadian · 09/03/2023 15:05

Build a fence, with the nice side facing you, 4 inches or so onto your side, fuck all he can do if he isn't going to take responsibility

Then pain the whole thing rainbow colours, on his side.

I'm petty AF though.

I'd absolutely get a fence on my own side though, we've been there with weeds holding up a fence, once they were removed the entire thing fell over, it was mainly ivy if I remember correctly

ObamaLlamas · 09/03/2023 15:51

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

Build your own fence alongside his broken fence. You'll lose a few inches of garden but with twats like this you just have to go for it sometimes.

BernadetteRostankowskiWolowitz · 09/03/2023 15:52

Just put your new taller fence in next to his. His can then rest between yours and his plants.

AllThingsServeTheBeam · 09/03/2023 15:52

As others have said, get new fence and put it up in your garden. Leave him with his shitty fence

landyladyoom · 09/03/2023 16:12

Struggling to see the Issue OP.

The fence between me and my neighbour was in a right state and there was no way he was going to replace it. So we had a new 6ft fence installed 1inch back in our garden so the front is level with the boundary line. I told him under no uncertain terms it is 100% on our boundary and not to touch it any thing of his breaks it and ill send him a bill.

MissMaple82 · 09/03/2023 16:21

He shouldn't have to pay as the damage was caused by you. If it was general wear and tear then yes she should be responsible, but you've admitted its fallen due to work you've been doing so it's your problem!!!! No way would I pay unless it was a problem I caused

TrollMunter · 09/03/2023 16:25

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! 😜

Omg YES!! I’ve found my tribe! 😂

Blindedbythenighttimelights · 09/03/2023 16:25

no side is especially ‘good’ in comparison to the other really

So what’s the issue If you have already said you are replacing it and both sides are equal?

Floralnomad · 09/03/2023 16:31

I would put my own new fence alongside the old fence just inside my boundary line - I would also make it as high as legally allowed .

SinnerBoy · 09/03/2023 16:36

*TwoLeftSocksWithHoles · Today 12:21

No, no, no! He'll then claim that the extra land is his!

Also, I'm not sure, but how can he own the boundary? It's a delineation of the separation of the two properties.

If the fence was in such a tumbledown condition that it's collapsed after some gardening, it's not your fault. He needs to pay for half of the new fence.

Original poster

EndlessDust · 09/03/2023 17:04

Seems like a consensus and I have to admit it hadn’t occurred to me to just add a fence on our boundary. Every interaction has been difficult and so I think this just removes another opportunity for negotiation and we can just get on with it.

We do definitely want a fence - he has a fairly boisterous dog and I have small children. He has also preemptively complained that he doesn’t want my children kicking balls into his garden all day so we definitely want to head that complaint off in advance (or just host a football party with all the local teens!).

Btw, undergrowth may be the wrong term. Lots of unattended overgrown bushes may be more descriptive. We’re hoping to keep a good element of wildness but with a bit more love.

OP posts:

ObamaLlamas · 09/03/2023 17:09

EndlessDust · 09/03/2023 17:04

Btw, undergrowth may be the wrong term. Lots of unattended overgrown bushes may be more descriptive. We’re hoping to keep a good element of wildness but with a bit more love.

I would do the new fence thing and maybe if I'm feeling really generous ask the fence people to get his fence upright somehow very cheaply since you have to live next to him and you did knock it over even if its rotten anyway. But that's as far as I'd go.

Murdoch1949 · 09/03/2023 17:12

If you've accepted you've got to pay for fence, have one erected in your garden, to your specifications, as ugly as possible on neighbour's side. He will then have to remove & dispose of his fence, if he chooses. Your new fence is yours and he cannot order you about.

BadNomad · 09/03/2023 17:22

I agree with others, just put up your own fence within your property. He can do whatever he likes with his. You don't owe him anything.

NameInUseAlreadyAgain · 09/03/2023 17:41

SeaToSki · 09/03/2023 12:01

This

I deal with boundary disputes every day and you cannot force him to change his fence nor can you remove it. I suggest this to my clients in similar situations.

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