Who should pay for fence repair?

[Lottie4]

My Mum bought a new home from a building company about 25 years ago. Her deeds say she is responsible for the fencing to the right (the posts are on her side as well). However, on the left hand side there are about ten fences which are have seen better days especially due to the recent winds. Her understanding is that the builder replaced hedges along that side with fencing, but the posts were placed on the neighbour's side. The neighbour says they have never owned that boundary although I'm sure they cut back the hedge which would in law I understand means that if you accept maintenance of a boundary then it's your responsibility. The builders have then replaced them which you can argue makes it their responsibility but they haven't passed this onto the owner (my Mum) and are now out of business.

She briefly spoke to her solicitor a while ago who suggested agreeing verbally on equal responsibility but the neighbours would not agree.

She can't make them do anything, even if it is their responsibility.

Maintaining a boundary doesn't mean you accept responsibility for it. Our neighbour cuts his side of our hedge but the hedge is our boundary.

Even if it was in the deeds as their fence your mm can't make them change the fence. If she wants a new one she'll have to pay if they won't agree to contribute/pay for it.

She doesn't want to make them change the fence, I think she just wants an amicable agreement and to try and keep it tidy for both sides. To be honest part of the fence won't last much longer and is about to fall into her garden - she struggles to keep on top of the gardening so has let the lower half completely go (it's a big garden) and it will leave them looking over a complete mess (which they can't see at all with a fence), so they will end up being worse off. The fence won't damage anything of my Mum's worth keeping.

I think she should have a polite word with them again and ask them if they would be prepared to go 50/50 for a new one. If they say no, leave it at that for now.

nobody has got to build or maintain a fence if they don't want to.

do either of the parties maintain a fence on the other side of their garden? It is reasonable for each to maintain one side, but not both.

I would suggest at the very least a post and wire just to mark the boundary. Even if there is just one (preferably concrete) post firmly fixed at the top and the bottom of the garden, it can be used to demonstrate the boundary if a fence is built in future, or if someone tries to edge out and steal a bit of land.

I have several houses I let out and my neighbours never maintain the fences which are their responsibility. I think it is something which has been put in the 'cannot be bothered' box for many people. I have politely asked for a contribution towards the latest bit of blown down fencing where we have joint responsibility. I am waiting to hear! I have no expectation of receiving any money though. I realise mine are relatively inexpensive houses, but the other owners just do not care. A bit of wire just will not do to replace a close boarded fence I'm afraid and I cannot accept anything like this for my tenants. I just end up paying but it sticks in my throat.