Another fence question; why would you pay if you're not that bothered about having a fence?

[Epictantrum]

We want to put a fence up between our garden and our next door neighbours. Currently there is just a chicken wire/post fence which doesn't offer much privacy. We think the boundary belongs to him. I'm about to go and speak to him. I want to a) see how he feels about the fence, and b) have a no doubt awkward conversation about who pays. At the end of the day, we want the fence and are prepared to pay for the whole cost. But does that put him at any disadvantage? Will he be responsible for the boundary still, but we own the materials of the fence? What about maintenance? What if he wants to still own it but we want a more expensive fence than him?
I want to get things clear in my mind before we have the conversation. Top of the list is not to worry him at all, he is quite elderly and I don't want to stress him out. If he gets upset or worried I guess we will just have to shelve the plans altogether. I expect he will be shocked at the cost of a fence (I know I am!). Thanks

You can put up a fence on your land. It’s polite to tell your neighbours.

Its up to the both of you really and what you decide. I'm replacing the crappy fence between me and my neighbours because I want to get rid of the eyesore, the fence is jointly owned as are all of them in this row of houses.
Ive agreed to pay for the new fence costs as I'm the only one who wants a new fence and the neighbour says he will share the cost of any damage or repairs after that.

You put the fence of your choice on your property, neighbour may make some suggestions, but your decision.

Yes costs have gone up, I have a small courtyard garden and the fence is costing £800.

I think you’re overthinking it.

If you want a fence, put it on your land, and then it becomes yours. Inform him of your intentions, out of common courtesy. If the wire fence belongs to him, leave that en situ and put your fence next to it.

Incident my, there’s no law or moral obligation to say that if you erect the fence, he has to have the ‘nice’ side. If you want the nice side, you have the nice side (unless the fence is next to public land).

Put up your own fence just inside the boundary. Let him know you're doing it as a matter of courtesy, and that you don't expect anything to change regarding his fence.

No, I wouldn't pay, but I wouldn't stop you doing it as long as it was directly on the boundary line or within your own land. He will have zero obligations to maintain the fence, no matter who pays for it. There is no legal requirement to have a fence of any kind, let alone keep it in good repair.

Beware if you put the fence within your own land (not right on the boundary) you might effectively create a new boundary line and lose a few inches of land down its length. Probably not a big deal but something to keep in mind.

I have an awkward one where the fence belongs to my neighbour, but it sits fully on my property. As a result, I look at an ugly unpainted fence and can't put anything on it, not can I erect my own.

Don't end up in this situation. Either, go halves and put it bang on the boundary or fully within your own garden and pay for it all.

Who told you that? If it's on your land you can take it down and give it back to them.

I probably am overthinking it, it's my favourite hobby. Plus conflict and awkward social situations are my nemesis so I like to procrastinate be prepared. So I will tell him we want to put up a fence, ask him if he would prefer it was on the boundary or on our land, and I won't ask for any contribution, just see if he offers (if he wants it on the boundary). I think I can manage that! Wish me luck!

Yes in theory I could, but with concrete posts all the way along, butted against my decking and mature shrubs, causing a massive upset and a ton of work and expense to put up my own fence against theirs seems crazy.

It's annoying but the lesser of two evils.

...ask him if he would prefer it was on the boundary or on our land

I wouldn't ask that. I'd ask if he's happy for you to change the current wire 'fence' to a new one that you'll pay for. Why give him the idea to create a new boundary further onto your side?

Sounds like a good way forward.

Yes you covered it all. If he wants a say/involvement he needs to contribute and it would go on the boundary. If he’s not bothered /doesn’t want it put on your side

In our street the fences were originally posts and mesh wire ( a little better than chicken wire). When I replaced the fence I am responsible for, I replaced it with more or less exactly the same. I would not pay extra because next door wanted something more private. There is no way I would want a wooden panelled fence as I find them ugly and they require maintenance. Every house along the street has shrubs or plants next to the fence and that creates some privacy and is much prettier. Because the fences are mesh the shrubs and flowers grow through them a bit.

I am in a similar situation. The fence is on my neighbours land as our gardens are tiered. I can’t put one on my land. However the fence is completely wonky and falling down, likely due to subsidence as house is fairly new build.

I am happy to pay for a new fence as I want it but I can’t put it on my land because it would be too low down. His garden is about 4ft higher than mine and then the 6 ft fence is on top of that. I have a retaining wall up to the height of his garden.

I would be paying for a fence that I don’t own I’m guessing?!

Agreed. The OP is completely over thinking this.

OP - all you need to say is ‘I’m thinking of replacing the wire fence with a a wooden fence’ and see if he has any comments/objections/ offers to pay etc.