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Original poster

Neighbours wants to put new fences in and pay, its our fence though...

29 replies

yonisareforever · 01/02/2014 18:42

Neighbours want to replace our fences, they are our responsibility,they are not falling down just old, I don't mind them but they like new and what they would think is smart....

Its a long garden and they want to heighten the fence at the top, and also heighten but a little less all the way down, I have plants growing against a sort of picket fence at the moment, its a narrow garden and I am worried it would affect the plants on both side but particularly where the picket fence is. That fence would be about 4 foot with a trellis on top. I am a keen gardener, they dont seem to have so much of a clue...

I am not sure what to do...they are extremely nice and we don't want to fall out...of course I will talk to them about it, I just wondered if anyone had any thoughts on our neighbours replacing a fence that is technically ours....

OP posts:
ShatnersBassoon · 01/02/2014 18:45

They want more privacy, so you can't really compromise. You'll just have to tell them to leave it.

Bloodyteenagers · 01/02/2014 18:45

Explain they are more than welcome to put a gence on their side, afterall its their garden. But you are happy with your fence and when the time comes in several years
You will deal with it then

Episode · 01/02/2014 18:46

The Party Wall Act will specify. I don't think they are allowed to since it is actually your fence, but it seems reasonable to tell them your concerns and come to an agreement on that basis.

breatheslowly · 01/02/2014 18:46

Can't they just put up their own fence on their side of the existing one?

Original poster
yonisareforever · 01/02/2014 18:49

I am happy for them to do some of it...but things like painting it, I want my side painted...what if they have paid for the fence?! Can I still paint my side and can they grow things up it, I am sure I read somewhere that if the fence is on the border, its still my fence even if they paid for it...but could be wrong...

OP posts:
Kaekae · 01/02/2014 18:49

If you disagree they can just butt a fence up to the existing fence and believe me this will look ugly on your side. I would agree to a new fence, but then I like my privacy so a high fence would be my preference.

Dinnaeknowshitfromclay · 01/02/2014 18:59

Even if they pay for it, it remains your fence. You can paint it. You are technically responsible for it though. If you refuse they can put up whatever they like on their side which would look awful so compromise is advised here to get the best result. Our neighbour tried this but forgot that as it was his fence he would have to leave enough room for him to treat it paint it etc. without coming over our side (ie losing a fair chunk of his garden) we compromised and he has built something we both agreed with.

Original poster
yonisareforever · 01/02/2014 19:00

Ideally Kaekae I do too, I would love to wander round my garden in whatever I choose but when you buy a terraced property its over looked at the back by about 6 other houses each side! its not a garden for privacy! I also like my plants, and want to grow them...not be shrouded in darkness.

We will just have to see if we can come to a compromise.

OP posts:
Original poster
yonisareforever · 01/02/2014 19:02

On the plus side I think they will do a good job and get a really sturdy fence put up..

I dont know why but things like this make my stomach church with anxiety!

OP posts:
MeAndMySpoon · 02/02/2014 08:14

Me too, Yoni. I'm in a similar state of worry about a very tall fence our neighbours are whacking up at the moment. It was about 3 and a half feet and is now six foot high! It's like looking out onto the bloody Berlin Wall! I think if it's your fence, you need to have them over for coffee and a nice chat about what it is they actually want to achieve. You need to reach a compromise and explain to them about how a really high fence would affect the enjoyment of your property.

gualsa · 02/02/2014 08:25

Yonisareforever- you say it's your fence. Do you mean the actual fence or just the boundary being your responsibility? You can be responsible on the deeds for a boundary without actually owning what marks the boundary. If the existing fence is yours and they replace it they must give you the old fence back if you want it.

I work with families in neighbour disputes on a regular basis and it has always begun over sometihing silly and minor.
My advice to you is be grateful someone is paying for a new fence. Its expensive and storms are frequent in this country. Just think it could be much worse fx Leilandii !!!

gualsa · 02/02/2014 08:30

Meandmyspoon- 6ft is the norm and used on all new developments. Why don't you plant some nice bushed or roses up against it on your side? It will break up the "wood wall". Sorry it makes you sad but most people don't like anyone being able to look into their back gardens. Hence 6ft is the average fence height.

hootloop · 02/02/2014 08:36

Our garden had a low wire fence on one side when we moved in, I hated being exposed, I like privacy.
I am a very keen gardener, grow all my own veg so am out there the fence was not our responsibility and when it blew down the neighbours came round to discuss it and we said it would we nice if the replaced it with something higher and solid, they said no they liked it open. So we put a 6 foot solid one 4 inches into our garden.
They came round and complained how awful it looked from their side we told them we were within our rights and they backed down and we now have a single solid fence on the border that steps down from 7 feet at the house to 5 feet at the end of the garden. It isn't ideal but you have to compromise.

Original poster
yonisareforever · 02/02/2014 10:53

gualsa

Yes I am grateful to a degree although I am happy with what's there at the moment.
However I can certainly make a new fence work for me, as long as I can paint it, put things on it and grow things up it...

Also even if they erected 100 foot fences, we are in terraced housing where at least 5 other properties either side can see into the gardens from the first floor.

It sounds so silly but this is making me feel such anxiety, we had a situation just before we brought the house where the old owners sneaked in some decking that blocked off our access, our seller didnt sort it out and then it was all too late as it were, the decking is in place and blocking our access ( on their side). They talk about replacing the gate, but at our detriment to where its not suitable for us, and with no flat access anymore from alley way to our gate ( we would have to climb up and down decking for instance if we want to wheel barrow rubbish out of our garden), So I do feel cautious...

meandmyspoon I believe 6ft 6 is the max height for fences....are you able to paint it a nice light colour and then dress it with things...mirrors, spanish plates and so on...

I am happy to dress our side of the fence I just don't want to wander into territory where they suddenly tell us off for putting stuff on their fence.

I also like the feeling of space as from our garden we could see across the bottom of their garden into the following garden too ( where lodgers live and never use it).

The current fence would take very little maintenance, if they put taller fence in, more likely to create more work and expense for us to replace, maintain than the current little picket fence.

OP posts:
yourlittlesecret · 02/02/2014 11:02

Just go and talk to them.
They sound like nice people, tell them what is worrying you and ask if they can come to some kind of compromise.

LIZS · 02/02/2014 11:04

If it is their side of the boundary you can't actually veto it though. Negotiation is your best bet.

Original poster
yonisareforever · 02/02/2014 11:23

They will be taking out current fence and replacing it with their own.

OP posts:
gualsa · 02/02/2014 13:18

The CAB are usually great for advice or try your council. Better to know the facts before you tackle them. I wish I could afford a little farm..somewhere isolated...no neighbours..yay!

VoiceoversSoundSmug · 02/02/2014 13:45

Take pictures NOW, with the newspaper date readable in one picture.

Original poster
yonisareforever · 02/02/2014 17:04

good idea thanks voice over..

OP posts:
wetaugust · 02/02/2014 19:08

You should bite their hands off if they are willing to do this work and pay for it.

Why wait until your fence actually falls down or is blown down?

You cannot blame them for wanting more privacy - it will benefit you too.

As you say your fences are old I think it would be reasonable to offer them a few quid as a contribution for what would be your sole liability in a few years time when your fence needs to be replaced.

Talk to them.

You really are totally overthinking this and certainly do not need to spak to the CAB - they'd think you were barking.

I replaced the fence between me and next door even though it belonged to next door as the landlord who owned next door was in no hurry to replace it, it was falling down and I did not want the Rottweiler from next door crapping in my garden.

wetaugust · 02/02/2014 19:09

Take pictures NOW, with the newspaper date readable in one picture

Proof of life - for a fence Grin

Original poster
yonisareforever · 02/02/2014 20:34

wet

I really could not afford in any way shape or form, pay for a fence and right now, that does not need doing.

My DH has done repairs to it, replaced old panels and posts just this winter.

There is no way I could pay them money, we have so many other things to pay for that have far more pressing need.

Just because they have decided they do not like the fence, and want it done now, I don't see in any way shape or form why we should actually have to pay for it, and I may say, a fence that I will deem ugly and horrid.

I am very happy with the fencing as it is, and the picket fencing at the bottom has withstood all the recent storms.

The tall fencing on the other side has been ripped down.

I replaced the fence between me and next door even though it belonged to next door as the landlord who owned next door was in no hurry to replace it, it was falling down and I did not want the Rottweiler from next door crapping in my garden

We have been doing this on the other side too for over 6 years, paid for panels and done all the work ourselves because the LL wasnt interested and he had dogy lodgers in all the time, so we just got on with it and kept it fixed for safety.

we have new neighbours now and whatever they put up, we will live with fence panels we have paid for are now lying smashed from storms on their garden.

Id love to thikn i was over thinkibg it too but people fall out over lots less than fence panels. i was very casual about the decking next door from previous owners, now....we do not have side access anymore, this time i would rather not be so casual and be more cautious, but there is no way I am paying for it!

If my DH does it we shop round for the cheapest panels we can find and he does it!

OP posts:
Original poster
yonisareforever · 02/02/2014 20:38

You cannot blame them for wanting more privacy - it will benefit you too

there is no privay in our garden no matter how high the panels go,

it will cut off my view across three gardens, it will stop sunlight ( long thin gardens) and if they expect us to maintain it, it will be more expensive for us to maintain large panels than the current picket fence...

there is no plus for me.

OP posts:
twofingerstoGideon · 02/02/2014 20:52

fence panels we have paid for are now lying smashed from storms on their garden.
Have you gone around and made arrangements to remove your fence panels from their garden? Both my neighbour's 'fences' (I use the term loosely) have collapsed into my garden and neither side has made any attempt to clear up the resultant mess. It's infuriating.
There's some pretty poor advice on this thread, like Even if they pay for it, it remains your fence. You can paint it. You are technically responsible for it though.. Please take proper advice - there's a great website called 'Garden Law'. Or just accept your neighbour's offer gracefully if your own fence will need replacing soon. A good fence is expensive. It'd bite their hand off!