To think Dh is naive

[WhatAFaffyFiasco]

...In giving the neighbours the benefit of the doubt.

To cut a long story short, we're paying for a 20 year old shared rotten fence to he replaced. The neighbours are unsurprisingly on board with the decision, but despite being in the position to, will not contribute. We are having to swallow our pride and proceed with it. They currently have things nailed to the shared fence, they didn't consult us about doing this at the time (with it being shared I'm unsure if they needed to)? Nevermind, the issue I have is that I am worried they will reattach the rotten wooden structures they currently have in place, to our nice new fence. Will they be allowed to do this, even if we pay for the new fence? It is on the boundary, so I am assuming that it may be the case that they can? Can rot from old wood spread to new?

I am then thinking are we better to put the new fence infront of the old, then it means they can't do anything to it, without our permission legally.

Dh is very passive about the whole thing, and seems to think they won't attach anything due to various reasons, I am not so hopeful. It is costing a lot of money, that we are having to sacrifice other things for. The neighbours are asking when it is happening, because the original date we told them fell through. They have done nothing to prepare, and left all of their stuff along the entire fence. Dh is explaining everything to them on why there is a delay, sorey haven't told them yet etc etc, like they're paying half! I'm getting increasingly annoyed.

Any advice on the best way to proceed?

Put your new fence in front of the old one. Do not remove theirs. They will almost certainly attach things to their side. If they don’t want to pay towards it then they can keep their manky old one

I am then thinking are we better to put the new fence infront of the old

This is the best plan. Don't let them nail anything to your new fence. Also this stops them painting it, and they seem like the type who will do this without asking.

Your DH is being a doormat.

@Gymmum82 this is how I feel, but won't the rot from theirs spread? They have a big garden, we don't, and it'll mean we will lose space too, not sure if it'll be significant. I'm also worried it'll put the price up, because of the patio stones. I'm unsure.

I would leave the rotten fence there and put your new one on front of it.
First document the rotten fence with photos & videos including lengths from fixed objects eg walls, manholes etc so they can't remove the rotten fence & claim yours is on the boundary.

I'd also email or text them that this is what you have done and pdf all the messages for the future
If you plan for the worst it is far easier to deal with if it happens

I think that putting your new fence in front of the old one is probably the most prudent way to proceed, but from what I can remember from the only house where we had fencing and neighbours on two sides is that it showed on the deeds which boundary fences were ours and which were the neighbours? From what I remember, the fence at the back of our garden was ours, and the fence between us and our next door neighbours was theirs. The most obvious 'tell' on the ground was that the person who 'owns' the fence will erect it with the 'good' side facing their house, and the supports etc on the neighbours' side.

If you have had a conversation about replacing the fence with them, just have another one about them not attaching things to it - presumably trellis and stuff like that?

If you put a new fence up against an old one, you will not be able to get access it on that side to paint/maintain.

@Magnastorm thank you, I know, I think putting the fence in front may not be an option due to space. What right would we have if we pay for it, but it is on the boundary? Can they do anything they want to it? They're really awkward people.

Another one for having the new fence installed in front of the existing one.
We did this on one side of our old garden, the owner was unwilling to replace the existing (rotten) one so we just sacrificed a few inches of garden.
Fully agree with PP about documenting everything (Inc photos) for future reference.

What sort of fence are you having?
If you go for concrete posts then there is nil chance of rot, the panels can be slid out for re-staining (both sides) and with them being removable (from your own side) you can make sure they never fix anything to them should they decide to remove the old fence and "adopt" those few inches.

Definitely don't remove the old rotten fence.

If they are refusing to pay 50%, then sacrificing a few inches is worth it.

Definitely go for the concrete posts and sliding panels. That way you, and you alone can paint/stain YOUR fence, on YOUR garden any damn time you like, AND the neighbours can't attach anything at all to it !

I'd ask them, only once, whether they are willing to pay 50% for a shared fence, otherwise you're going to put up your OWN fence, any colour you like, and instruct them that if they attach anything at all to YOUR fence, then you would be taking legal action. (Say it with a big smile, and a 'just to let you know' attitude)

I'd also be tempted to tell them that you're currently favouring a 'day glo fluorescent paint' which will glow in the dark for 12 hours !

Are you sure it's shared? Normally the boundary to the left of the house is the one you're responsible for

Have you actually looked on your Deed to see whose fence it is?

that!

You can put your new fence right up against their fence. Lots of people locally do this so that all their fencing matches on all 3 sides of their garden. Patio slabs can be cut with an angle grinder to allow room for the fence posts, it will not be the first fence the contractor has had to do this with. Get their advice.

I would absolutely take photos and video (with commentary) on the current state of the fence. I would put in writing that the new fence is entirely yours as you are paying the full cost of it (keep receipts, take a photo of them) and that that if they choose to remove the existing fence that you do not give permission to paint, stain or attach anything to your fence. However, if they agree to pay half then they can do that.

We have a shared boundary and it states in our deeds that fences/walls must be maintained, but this is rare. We agreed a double sided fence panel with our lovely neighbours so that we could each colour our side without any bleed through to the other side. It has worked really well.

No it's not the fence(s) you're responsible for are (normally) signified on deeds.

See also the myth of which side the 'good' side of the fence has to face

Yes, it was the first thing we did after it blew down in a storm a couple of years ago. The same neighbours tried to tell us it was ours, despite the posts facing their garden, which would have made it impossible to fix from our side, and meaning we would own more fencing than them if this was the case, which isn't the way it works here.
We checked and it appears to be shared, dh got it back up, and we did a temporary secure until could save up to replace! They are the kind of people that scrounge, and want to get everybody else to pay.

Even if you out the fence on your side of the old one, what's to stop them then taking down the old one and doing as they wish?

It would legally be ours, because it would be on our property. They wouldn't be allowed to do this.

Yes the left/right side is a myth, we checked the deeds and it appears shared.

@bluedressforme I wish I had a neighbour like that! When they moved in they painted the fence with a cheap brown paint, it seaped through to our side, then they used the tin as a peg bag as a indirect message for us to paint our side the same 😂. As soon as we painted it, the tin hanging from the washing line went! We are going to offer to paint their side with our paint sprayer, as I want it maintained and painted properly.

But what's to stop them? Are you prepared to take legal action if that's what they do?

I want to do this, but how could we paint their side ir the old fence is sandwiched in front?

Scroungers, I know the type, can never afford anything…Never do them a single favour, ever.

I see what you're saying, honestly we have such awkward neighbours! At least we will have privacy.

As others have said the panels lift out. You can remove the panels, paint them, and then slide them back into place.