Fences & Neighbours
Discussion
Hi All,
I have a fence to the rear of my property, which buts up to the side of my neighbours property.
Neither of the registered title plans show any "T" markers on the boundary. I have an original title plan which shows "T" markers on my other boundaries, but none with this neighbour.
I wish to replace the ~20+ year old fence with a new fence, as our dogs have gotten through a few times due to rotting panels and overgrown bushes on our side. The cost for doing this will be a little over 2k including vat, using concrete posts, concrete gravel boards and decent panels.
The original deeds (which, again, I have a copy of) state;
3.1 "Party Boundaries" means;-
3.1.1 any part of a wall of the house also forming part of a building erected or being erected on an adjoining plot on the Development and
3.1.2 any other wall (not being a wall of the House), fence or hedge on a boundary between the Property and the curtilage of any dwelling within the Development, unless marked "T" on the plan.
3.2 Maintenance repair and renewal of the Party Boundaries is to be at the join and equal expense of the Buyer and the registered proprietors from time to time of the adjoining plot concerned/
I've spoken with the neighbour, who didn't offer to pay anything initially, but has offered to pay towards a lesser quality fence (akin to £17 a panel!). When presented with the fact that it was going to be £1k, she just said she didn't have that sort of money. She has, I believe, fairly recently split with her partner, which may be the cause of some financial stress, but nonetheless I did offer to pay for the fence to be sorted upfront, and for her to repay in chunks to be determined.
So that's the factual side of things - here's the question - do I need her permission to replace the shared boundary? I also assume that once it has been replaced (and I'm under no obligation as far as I can tell to install a lesser fence) - she would be jointly liable for the cost (along with her ex partner). I'd then have to enforce that through the courts if she refused to pay, but presumably that would be against both herself and her partner, and I could then register a charge on the house when all is said and done.
Things haven't been helped by my partner getting drunk and talking s
t in the back garden the other night however... sigh.
Anyway - any help would be appreciated!
I have a fence to the rear of my property, which buts up to the side of my neighbours property.
Neither of the registered title plans show any "T" markers on the boundary. I have an original title plan which shows "T" markers on my other boundaries, but none with this neighbour.
I wish to replace the ~20+ year old fence with a new fence, as our dogs have gotten through a few times due to rotting panels and overgrown bushes on our side. The cost for doing this will be a little over 2k including vat, using concrete posts, concrete gravel boards and decent panels.
The original deeds (which, again, I have a copy of) state;
3.1 "Party Boundaries" means;-
3.1.1 any part of a wall of the house also forming part of a building erected or being erected on an adjoining plot on the Development and
3.1.2 any other wall (not being a wall of the House), fence or hedge on a boundary between the Property and the curtilage of any dwelling within the Development, unless marked "T" on the plan.
3.2 Maintenance repair and renewal of the Party Boundaries is to be at the join and equal expense of the Buyer and the registered proprietors from time to time of the adjoining plot concerned/
I've spoken with the neighbour, who didn't offer to pay anything initially, but has offered to pay towards a lesser quality fence (akin to £17 a panel!). When presented with the fact that it was going to be £1k, she just said she didn't have that sort of money. She has, I believe, fairly recently split with her partner, which may be the cause of some financial stress, but nonetheless I did offer to pay for the fence to be sorted upfront, and for her to repay in chunks to be determined.
So that's the factual side of things - here's the question - do I need her permission to replace the shared boundary? I also assume that once it has been replaced (and I'm under no obligation as far as I can tell to install a lesser fence) - she would be jointly liable for the cost (along with her ex partner). I'd then have to enforce that through the courts if she refused to pay, but presumably that would be against both herself and her partner, and I could then register a charge on the house when all is said and done.
Things haven't been helped by my partner getting drunk and talking s
t in the back garden the other night however... sigh.Anyway - any help would be appreciated!
I've never heard of an obligation to pay for someone wanting a new fence either. When our neighbours moved in they wanted a stronger fence for their dog so they had one fitted. We were happy enough with the old fence so much like your neighbour I wouldn't have been inclined to shell out a grand for something I dont really want/need.
eezeh said:
Sorry for my ignorance, you're the one that wants to replace the fence so why should she pay for any of it at all?
If she's happy paying half for a new fence then thats fine but if she doesn't why do you expect her to pay you back over time for the fence you want to erect.
I must admit this was my first thought, why should your neighbour pay to replace a fence, that your overgrown bushes have damaged, to keep your dogs in.If she's happy paying half for a new fence then thats fine but if she doesn't why do you expect her to pay you back over time for the fence you want to erect.
I've no idea of the legalities of it but I don't think I'd be happy if I was in your neighbours shoes.
Who put the original fence there? Usually any fences, on a party boundry, are put up by one or other of the households.
Even if she is resposible for half then surely she can only be expected to pay to have the fence returned to its original state. Not half of some super fence that you want to erect?
If you want a new fence just build it! Any neighbour dispute will end up costing you far more than the £1000 you may or may not get out of her - just ask any lawyer on here!!! (They are already starting to see pound signs and rubbing thier hands in glee!)
Where in the deeds does it say you get to decide solely on how much to spend on replacing the fence, and then hold your neighbour to ransom, with threats of court action?
Buy an expensive fence if you want one. Then price up the costs of budget fence panels and posts, and ask your neighbour nicely to split the cost of the cheaper stuff.
Buy an expensive fence if you want one. Then price up the costs of budget fence panels and posts, and ask your neighbour nicely to split the cost of the cheaper stuff.
What if she decided to replace the fence with one made of solid gold? Would you be happy for her to go ahead and then be on the hook for half the cost? I'm afraid it just doesn't work like that - if you want the fence, you are going to have to pay for it. The only way you'll get half is if you both want the fence.
You want to put a charge on her property if she doesn't pay her share? 'Kin hell!
She's skint and recently had her relationship collapse. The last thing on her 'to do' list is to replace the fence that your dogs have no doubt helped exacerbate the damage.
Be the better bloke and just replace the fence and be done with it. Good fences make good neighbours. I know an extra grand is a lot of money but you'll have the fence you want and the knowledge you've helped someone out.
Plus, being now single she may be a bit more 'grateful'
She's skint and recently had her relationship collapse. The last thing on her 'to do' list is to replace the fence that your dogs have no doubt helped exacerbate the damage.
Be the better bloke and just replace the fence and be done with it. Good fences make good neighbours. I know an extra grand is a lot of money but you'll have the fence you want and the knowledge you've helped someone out.
Plus, being now single she may be a bit more 'grateful'
Cyberprog said:
Hi All,
I have a fence to the rear of my property, which buts up to the side of my neighbours property.
Neither of the registered title plans show any "T" markers on the boundary. I have an original title plan which shows "T" markers on my other boundaries, but none with this neighbour.
I wish to replace the ~20+ year old fence with a new fence, as our dogs have gotten through a few times due to rotting panels and overgrown bushes on our side. The cost for doing this will be a little over 2k including vat, using concrete posts, concrete gravel boards and decent panels.
The original deeds (which, again, I have a copy of) state;
3.1 "Party Boundaries" means;-
3.1.1 any part of a wall of the house also forming part of a building erected or being erected on an adjoining plot on the Development and
3.1.2 any other wall (not being a wall of the House), fence or hedge on a boundary between the Property and the curtilage of any dwelling within the Development, unless marked "T" on the plan.
3.2 Maintenance repair and renewal of the Party Boundaries is to be at the join and equal expense of the Buyer and the registered proprietors from time to time of the adjoining plot concerned/
I've spoken with the neighbour, who didn't offer to pay anything initially, but has offered to pay towards a lesser quality fence (akin to £17 a panel!). When presented with the fact that it was going to be £1k, she just said she didn't have that sort of money. She has, I believe, fairly recently split with her partner, which may be the cause of some financial stress, but nonetheless I did offer to pay for the fence to be sorted upfront, and for her to repay in chunks to be determined.
So that's the factual side of things - here's the question -
do I need her permission to replace the shared boundary?
I also assume that once it has been replaced (and I'm under no obligation as far as I can tell to install a lesser fence) - she would be jointly liable for the cost (along with her ex partner).
I'd then have to enforce that through the courts if she refused to pay, but presumably that would be against both herself and her partner, and I could then register a charge on the house when all is said and done.
Things haven't been helped by my partner getting drunk and talking st in the back garden the other night however... sigh.
Anyway - any help would be appreciated!
I can't offer any help, but I could ask you to do this:I have a fence to the rear of my property, which buts up to the side of my neighbours property.
Neither of the registered title plans show any "T" markers on the boundary. I have an original title plan which shows "T" markers on my other boundaries, but none with this neighbour.
I wish to replace the ~20+ year old fence with a new fence, as our dogs have gotten through a few times due to rotting panels and overgrown bushes on our side. The cost for doing this will be a little over 2k including vat, using concrete posts, concrete gravel boards and decent panels.
The original deeds (which, again, I have a copy of) state;
3.1 "Party Boundaries" means;-
3.1.1 any part of a wall of the house also forming part of a building erected or being erected on an adjoining plot on the Development and
3.1.2 any other wall (not being a wall of the House), fence or hedge on a boundary between the Property and the curtilage of any dwelling within the Development, unless marked "T" on the plan.
3.2 Maintenance repair and renewal of the Party Boundaries is to be at the join and equal expense of the Buyer and the registered proprietors from time to time of the adjoining plot concerned/
I've spoken with the neighbour, who didn't offer to pay anything initially, but has offered to pay towards a lesser quality fence (akin to £17 a panel!). When presented with the fact that it was going to be £1k, she just said she didn't have that sort of money. She has, I believe, fairly recently split with her partner, which may be the cause of some financial stress, but nonetheless I did offer to pay for the fence to be sorted upfront, and for her to repay in chunks to be determined.
So that's the factual side of things - here's the question -
do I need her permission to replace the shared boundary?
I also assume that once it has been replaced (and I'm under no obligation as far as I can tell to install a lesser fence) - she would be jointly liable for the cost (along with her ex partner).
I'd then have to enforce that through the courts if she refused to pay, but presumably that would be against both herself and her partner, and I could then register a charge on the house when all is said and done.
Things haven't been helped by my partner getting drunk and talking s
t in the back garden the other night however... sigh.Anyway - any help would be appreciated!
Put yourself in your neighbours shoes and let us know how you would react when presented with the scenario as you've outlined above?
Hopefully OP ambulance chased type person hands his PH membership in. What an entitled "not the best word you can say in front of a lady". Really the world needs less of people like you.
This country doesn't need more budget to fix it, just less tolerance to entitled lady bits. Whether they are stabby teens in London or the OP hopefully we all start to say enough enough. OP wants to fk someone over, PH needs less of this. Do one.
Edit... if it were my land I'd have shot your mangy dogs, and perhaps sent you a bill for the shells. Perhaps you should worry more about your pisshead other half.
This country doesn't need more budget to fix it, just less tolerance to entitled lady bits. Whether they are stabby teens in London or the OP hopefully we all start to say enough enough. OP wants to f
k someone over, PH needs less of this. Do one.Edit... if it were my land I'd have shot your mangy dogs, and perhaps sent you a bill for the shells. Perhaps you should worry more about your pisshead other half.
Edited by stongle on Saturday 26th May 21:07
Wish I lived next the to the OP assuming he'd like to put his hand in his pocket for my half of a wall...
I live in a listed building and a 3 metre stretch of garden wall needed to come down and be rebuilt as it was unsafe.
Found all sorts of electric and old pipes and god knows what under the wall and had to end up with double the concrete expected for the new foundation too, can't get away with using block work, or cheap wire cut bricks, I have to find 'sympathetic' new bricks, etc.
I'm about 5 grand into what will probably 8 grand by the time the brickies go, I'd love my neighbour to chip in half but as he hasn't offered, I'm just getting on with paying it. At the end of the day it was me that didn't want my kids squelched by a leaning wall.
I live in a listed building and a 3 metre stretch of garden wall needed to come down and be rebuilt as it was unsafe.
Found all sorts of electric and old pipes and god knows what under the wall and had to end up with double the concrete expected for the new foundation too, can't get away with using block work, or cheap wire cut bricks, I have to find 'sympathetic' new bricks, etc.
I'm about 5 grand into what will probably 8 grand by the time the brickies go, I'd love my neighbour to chip in half but as he hasn't offered, I'm just getting on with paying it. At the end of the day it was me that didn't want my kids squelched by a leaning wall.
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