repair shared fence and pay for it ourselves

[petiteHBB]

Hello,

I would like some advice. Half of the fence we share with one of our neighbours is now collapsing. The fence is old and we have approached them twice to discuss repairs/replacement before it collapsed, but the discussions were very difficult, and we couldn't reach an agreement.

We are now considering replacing the entire fence at our own expense without involving them in another discussion. AIBU? What are the potential legal consequences of doing so? Thank you!

What was the disagreement about? If it's that they don't want to spend the money but you do, then yes, I would just go ahead and do it at your expense. If you can afford it, life is too short to have this hanging over you.

If the disagreement wasn't financial though, it could be trickier.

So long as you put the new fence in the right place, I can't think there would be any legal consequences. If the neighbours don't want to contribute financially it won't be easy to make them and is not worth the hassle.

We’ve done it on more than one occasion. There’s no real consequence.

Put up your own fence! You'll lose about 2 inches of that side of your garden but it's worth it to have your own fence. Make sure you tell them they cannot paint it or attach anything to it and it is your fence on your land and they are still responsible for their falling down fence.

They don't have to pay or contribute to a fence, even if it's all their fence. The fence line only has to be marked.

The safest thing to do is build your own fence on your own property, rather than on the boundary but in reality building on the shared boundary line will probably be OK.

You would have to tell them though if it's on the shared boundary. They most likely will be OK with it if it's clear you are paying.

they are still responsible for their falling down fence.
But that isn't the neighbour's fence, it's a shared fence.

This.

A neighbour of mine did this and i thought it was an excellent idea. Her neighbour still
hasn't replaced the original broken dividing fence two years later.

Never heard of a shared fence, usually always one side or the others. If it's shared I'd still do my own fence.

So would I but there is such a thing as a shared fence.

Thanks for all the advice! very helpful.

@GrandHighPoohbah They didn't want to pay for professional repair/replacement because "professional builders" are a scam in their opinion. But we don't like the quality of their DIY work and are happy to pay for professionals to do it...

We are in a flat, not a house, so all the boundaries are shared... @Funykeudfh

This website (Repairing a shared Fence) explains that, in most cases, you cannot unilaterally repair or replace a shared (party) fence without first obtaining your neighbour’s consent.

It does go through steps you can take though. Hope it helps

no but you can put a fence of your choice on your side of the boundary providing you do not mind 6 inches away from boundary

Repair/replace it yourself, take photos and videos now of the current condition, then whilst the work in underway and when completed including a photo of the invoice. Technically it isn't a shared fence, it is a shared boundary and a boundary doesn't need a fence on it. If it was indeed an actual shared fence it would state this in the title deed documents.

I live on an estate that specifically states in the house documents that all fences/walls are a shared responsibility and that they must be maintained back to what was there when the estate was built.

Where I lived previously pretty much everyone had their own fence, erected on their land so fences were often back to back. It meant that the back garden had 3 matching fences because each homeowner chose their fence. They could paint it any colour and grow things up it because it was their own fence.

In your situation I would probably erect a fence up against the current shitty one on your land. Keep all documents relating to the fence for future.