Fence - Who's Responsibility?

[Kaiserfarrow]

During recent weather, the fence between us and a neighbour came down, and it looked like the base of the fence posts had rotted away a little.

 

The posts were on their side.

 

They tore down the entire fence, not just the damaged section, and replaced, putting fence posts on our side.

 

They're now asking us to contribute towards the costs they incurred. We did not consent to the work, nor to the style of fence.

 

Are we obliged to contribute? Morally, should we? We have no relationship with next door. With the fence posts now on our side, does this then give us responsibility for maintaining the fence, or is responsibility outlined on the deeds?

[gordies]

During recent weather, the fence between us and a neighbour came down, and it looked like the base of the fence posts had rotted away a little.

 

The posts were on their side.

 

They tore down the entire fence, not just the damaged section, and replaced, putting fence posts on our side.

 

They're now asking us to contribute towards the costs they incurred. We did not consent to the work, nor to the style of fence.

 

Are we obliged to contribute? Morally, should we? We have no relationship with next door. With the fence posts now on our side, does this then give us responsibility for maintaining the fence, or is responsibility outlined on the deeds?

 

Check your title deeds. As you look out the back door then you are normally responsible for the fence on your left. This is not always the case, hence check your deeds.

 

If they have already had it completed and are asking for payment then that is not on as they should have consulted you first and provided a list of estimates.

 

Good luck!

[sequenci]

Hello there.

 

You may find further info on the deeds, it's a very good place to start. If you don't have them then the Land Registry may be able to help you out.

 

As far as the situation is concerned a reasonable neighbour should have consulted you first. I'm in a similar situation with my neighbour - luckily she's pretty cool so we're sharing the bill. In regards as to your situation, I'm not sure how they'll be able to hold you liable for any cost if you've never agreed to have the work done nor consult on the style. There will be others come along more versed in this sort of thing, I'm sure you'll get some sound advice.

 

Best wishes,

 

Seq.

[Desperate Daniella]

If they didn't consult you about the quote or the style you have a good reason not to contribute.

 

Traditionally the fence you own is the one with the back of it on your property. By that I mean that the posts would be on your side and the back of the fence, and your neighbour would get to look at the neat, flat side. So, if you now have the back and previously had the front I would ask them to turn it round. However, if you ask them to do that and they agree then you are in effect agreeing to the new style.

 

As gordies says above, 'your' fence would usually be the one on the left, but not always.

 

Do you really hate the new style? Would you like it replaced by the previous style? Or can you live with it if you don't have to pay for it?

[sequenci]

I thought the whole left and right thing was simply an urban myth?

[Desperate Daniella]

If you are in a terrace you are usually responsible for one fence and it's often on the left, but you should put up 'your' fence with the 'good' side towards your neighbours. Obviously if the Deeds say something different then you follow that, but my builders say that the rule of thumb has always been that the left and/or the one with the post side is the one that almost always belongs to the house.

 

It may of course be an urban myth but it's been around for a long time and sometimes Deeds really don't specify.

[Kaiserfarrow]

Thanks all. it's not the one on the left as we look out of the front door, so I think we'll stand fast on this one, and see if they push the matter. If we can find the deeds, we'll check those too!

[Desperate Daniella]

It is such a cheek to do that. When I lived in a downstairs flat the guy in the flat above took it upon himself to paint the front gate a different colour, and it was our gate! Not a real problem because the colour was acceptable, but he didn't even ask which really irritated me.

 

I think you should stand fast. Good luck!

[qa19]

It's usual to be on the left but our new build house the fence we own is on the right. Neighbours sound like morons to be honest. I certainly would refuse as it's their property at the end of the day, what happens when your fence is blown down the the other neighbour refuses to pay. You end up paying for 2 fences. And as they've put the fence on the wrong way I would look to see if they've encroached on your land. I'll be willing to bet they have.

[ericsbrother]

Are you obliged to contribute? NO

Are you morally obliged? I would say that if you do it opens a can of worms for when the next time a panel is damaged or needs painting or whatever. As they didnt consult you I wouldnt be paying. As it has been done in this manner it is clear you are not close to your neighbours so you wont really be alienating them much by declining to give them some pocket money.

[Ethel Street]

I thought the whole left and right thing was simply an urban myth?

 

This Land Registry page confirms that you are right, it is a myth and so is the 'which side are the posts' thing. They say "there is no legal foundation for such beliefs".

 

[sorry, for some reason the forum won't let me post links to the Land Registry, which is a shame as I think their page would also help answer the OP's original question]

[sequenci]

It's because you don't have enough posts... yet.. Sorry about that!

 

http://www.landregistry.gov.uk/public/faqs/how-do-i-find-out-who-owns-andor-has-the-responsibility-for-the-boundary-fencewallhedge-of-a-property

[honeybee13]

This Land Registry page confirms that you are right, it is a myth and so is the 'which side are the posts' thing. They say "there is no legal foundation for such beliefs".

 

[sorry, for some reason the forum won't let me post links to the Land Registry, which is a shame as I think their page would also help answer the OP's original question]

 

Hello there.

 

You can't post links because you don't have enough posts on the forum. If you would like to PM it to me, I'll post it for you.

 

My best, HB

[citizenB]

3 of us posting the same information within minutes of one another - I have edited my post as the information was provided. Edited August 9, 2013 by citizenB

[Desperate Daniella]

Which side the posts are on is not a legal issue, but it has always been considered a matter of courtesy that you give your neighbours the "nicer" side to look at.