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Original poster

Who should pay for fence?

24 replies

Strike000 · 03/02/2021 12:59

We live in an Edwardian terrace. We have fence down both sides of our garden. It was all installed (badly, about 5 years ago) by the previous owner. The right side fence has fully fallen over. The left side fence is swaying in the wind, had repairs on it 3 years ago. We want to get the whole thing replaced.

The deeds say “and it is hereby agreed and declared that the walls and fences dividing the dwelling house heridtaments and premises hereby granted and conveyed from the adjoining dwelling houses hereditaments and premises known as numbers RIGHT SIDE and LEFT SIDE Street Name aforesaid shall be respectively be party walls and fences and shall be maintained accordingly.”

We’ve taken this to mean we’re jointly responsible with both sides. Right side is happy to split the cost. Left side said he’s not happy because he thought it was our fence. He has paid for the fence on his other side already, as far as he was concerned that one was his responsibility and our shared fence isn’t.

I’ve shown him a copy of our deeds and he’s going to think about it. I’m not optimistic.

Interested to know what other people think and how you would react either in my shoes, or in his.

OP posts:

ScarletZebra · 03/02/2021 13:35

You can't make somebody repair or replace a fence, as we found out when our NDN's fence fell down just before they moved out.

If you want it replaced then you have to pay for it, with the bonus that your other neighbour is happy to chip in.

I think we could be in this situation as next door has just sold and the garden wall is joint. There is no way we can afford any work if they decide to repair or replace it.

addicted2spaniels · 03/02/2021 14:04

Our NDN wasn't having a bar of replacing the fence that was their responsibility, even though all the other fences around their garden were obviously done by the other neighbours and we even took the deeds round for them to see.

In the end, our dog kept getting out and we just paid for it to be done. And the worst part was that we were at work when the fencer came, and the bastards told him to put the good side on theirs.

Wenolikeexplodeythings · 03/02/2021 14:10

It is unusual to specifically force the maintenance of physical fences and walls. Usually the deeds would say who is responsible for maintaining the boundary, and that just means that you need to maintain a clear line showing the boundary between properties. That can be a fence, wall, hedge, tow of plant pots along the boundary, a few poles with wire along the boundary line etc.

If you are jointly responsible, then he could really just stick a few poles in and string chicken wire between them. As long as he has some kind of "boundary" in place.

If you want a proper fence, then construct it yourselves but make sure to tell him that he cannot paint his side, or attach anything to it or grow anything on it.

PresentingPercy · 03/02/2021 14:11

If you pay, you insist on good side towards you.

You won’t force blood out of a stone. Some people don’t care about fences. I’ve just paid for fences I want and choose the better finish facing my property. You might get lucky with NDN but just do it. It will make you feel better looking at a decent fence even if you have paid for it.

PresentingPercy · 03/02/2021 14:26

Also who should pay isn’t the same as who will pay. Unfortunately.

Floralnomad · 03/02/2021 14:28

It doesn’t matter who is responsible you cannot make someone pay for a fence , if you want it then you pay for it .

Crumpledmess · 03/02/2021 14:39

I have been looking into our boundaries. It seems there is no requirement for anyone to build a fence, nor for a fence to be a particular height (there is a maximum). However anyone can build a fence around their garden, as long as they keep within their own boundaries. We actually have a fence right next to our neighbour's fence.

Original poster

Strike000 · 03/02/2021 14:40

Thanks everyone, that’s a pretty clear message. And it’s what I suspected!

I want to remain on friendly terms with him, so when he (inevitably) tells me he won’t cough up, I won’t tell him how disappointing it is! But I will 100% take your advice and make sure I’m here when the fencing guy comes, I’m getting the good side!

(He also wanted a 4ft fence instead of a 6ft- why does he want eye contact every time we both use our gardens at once?! they’re tiny, about 4m wide so you’d always be looking at each other!)

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Original poster

Strike000 · 03/02/2021 14:41

@PresentingPercy

Also who should pay isn’t the same as who will pay. Unfortunately.

That’s it isn’t it!

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Bluntness100 · 03/02/2021 14:43

Op a party fence means it sits on both your land. Neither of you can carry out work without the other agreeing. You cannot force the other owner to pay if you wish it replaced.

So if you wish to replace you need their permission, if you wish to take ownership you need to amend your deeds. You can however put a second fence up on your land.

Bluntness100 · 03/02/2021 14:47

I should add though that putting a second fence uo doesn’t absolve you of responsibility for the first.

Original poster

Strike000 · 03/02/2021 15:11

We have their permission to replace it, and to pay 😂

OP posts:

Original poster

Strike000 · 03/02/2021 15:14

Interestingly, I posted this and then immediately remembered I have a friend that lives on this road and is also a conveyancing solicitor.

Her deeds are different - it says she owns one fence. And it’s the opposite fence to the one my next door neighbour says they own. So someone on this road owns two fences and someone owns none?!

OP posts:

AdobeWanKenobi · 03/02/2021 16:18

@Strike000

Interestingly, I posted this and then immediately remembered I have a friend that lives on this road and is also a conveyancing solicitor.

Her deeds are different - it says she owns one fence. And it’s the opposite fence to the one my next door neighbour says they own. So someone on this road owns two fences and someone owns none?!

Weird quirks of housing. Some people own the left, some the right, some the back and some none at all. Of course some of MN will have you believe you are responsible for the left regardless and it depends on who has the good side.

I would say, if you are paying in full for it's replacement then you can insist that they don't paint, stain or attach anything to it and I'd absolutely stick rigidly to that.

PresentingPercy · 03/02/2021 16:24

End terrace houses often are responsible for both sides!

FTEngineerM · 03/02/2021 16:37

@PresentingPercy

End terrace houses often are responsible for both sides!

Yes, we are in fact in that situation. I like it though because we can do as we please for the entire garden.

Our NDN still complained to us about blocking light in our north facing garden by erecting a 4ft fence (!!) to keep our rottweiler from escaping.

Fences/boundary’s seem to bring out peoples unreasonable sides.

PresentingPercy · 03/02/2021 16:39

They definitely do! At least you can legally put a fence on your own land and blot our an unpleasant view!

Bluntness100 · 03/02/2021 16:42

House deeds are all different, and yes it’s wholly likely that they all differ. It’s not like today in a new build estate for example, but even then there can be differences based on plot location.

We have a party fence, we have quite a large garden so I’ve never paid it any attention, recently the neighbours damaged it, I hadn’t noticed and they messaged to say the gardener damaged our party fence in x location and we are having it repaired if that’s ok on x date.

However if I wanted it replaced or they wanted it replaced, the other side would need to agree it but has no legal right to demand payment is split.

Original poster

Strike000 · 03/02/2021 17:08

@FTEngineerM I bet they’d be more put out to have a Rottweiler jump into their lap while out enjoying a late evening summer drink in their extra sunny garden 😂

I just saw another thread in chat where a poster was asking how to approach replacing fences shared with 5(!) neighbours. Two seems difficult enough!

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dizzyupthegirl86 · 03/02/2021 18:57

I’ve just bought a semi detached and my deeds say I’m responsible for all of the left side, all of the back and half of the right hand side!
What a swizz!

WombatChocolate · 03/02/2021 19:04

I think regardless of whether the deeds specify someone as responsible, as others say, it doesn’t mean a fence must be provided but something to delineate the land...a row of flower pots does that.

Especially if he’s replaced the fence on his other side, he may well be resistant to paying for another and so you are likely to end up paying. It’s good you’ve come to terms with it, even if it’s annoying. Sometimes people will make a contribution ...better than nothing.

I always remember my Dad telling me that if you replace a fence, you should have the bad side on your land....that was the done thing. I think fences back then we’re more likely to have struts that stuck out to hold them up, and the non-owner would usually not agree to have those on their land and because the fence owner was ‘doing something’ to their land by having the struts stick out, it could be refused. The good side of the fence never had those, so there couldn’t be any complaint about interfering with their land.

Does anyone else remember this kind of thing.

Original poster

Strike000 · 03/02/2021 22:18

He’s called me to say he will go halves with us! I’m so relieved!

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StellaDendrite · 03/02/2021 22:32

That’s good news. Have you discussed the height?

Original poster

Strike000 · 04/02/2021 11:41

@StellaDendrite I have told him I want a 6ft one but we didn’t explicitly agree it. There’s a 6ft fence there now. The house is actually rented and I’m speaking to the landlord, but we get on with the tenants who want a 6ft fence. The landlord said that he’s thinking of selling the property (so he won’t be living there personally), so I think he’s going to agree to a 6ft fence because it won’t personally affect him (other than the cost of the extra 2ft). All the other houses in the terrace have 6ft fences so I’m keeping my fingers crossed!

OP posts:

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