Cost Of Fence Repair

[malagabob]

2 panels of the fence that separate my neighbours garden from mine, has blown down. The cause is due to 2 fence posts rotting at ground level. I informed the neighbours new partner that it had blown down, but the subject of who pays never arose.
I replaced 3 panels that needed doing further down the garden at my expense about 3 years ago
The neighbours ex husband in his wisdom erected the fence in place of a privet hedge which he dug up about 5 years ago.
On the boundary subject. I dont know who is responsible and I assume the neighbours new partner does not.
What would be the polite way of saying, I think you, the neighbour is liable for the expense, as you erected the fence in the first place, and I paid for repairs last time.

[carolegif]

You need to see the deeds if the house as they indicate who us responsible for which boundary. Usually, if the posts are on your side then it is their responsibility.

[andy-hughes]

In the interests of harmony, why not tell them the cost and ask if they would like to split the cost?

That's what we do with out neighbours on either side - they usually get the panels in, and we play up - works very well.

[Old_Jim]

Boundary and fence disputes are the main source of expensive disputes between neighbours. Even if you can prove that there are restrictive covenants on the land requiring your neighbour to maintain the boundary, it's cheaper to pay for a new fence yourself than try to go to law. Fences are something to agree over, not to fight over.

I suggest you do nothing for a few weeks. If you're in the UK, the ground will be waterlogged and you won't be able to set the posts rigidly. The next batch of storms (they're lined up for the next couple of weeks at least) will leave your new fence at a jaunty angle. Wait until the ground has dried out. By that time, you may have been able to sort out who does what with your neighbour.

[woofgang]

Boundaries (where your land ends and your neighbour's begins) are NOT the same as fences.
If the neighbour owns the fence, they own the fence. They don't have to repair it, they do have to make it safe if it could cause an injury BUT they can do this by removing the fence entirely. Unless there is something in the deeds regarding a covenant,(and these are quite hard to enforce) there is no legal requirement to fence a garden.
If there is any issue with who owns the fence, then the fact that you have previously paid for repairs CAN indicate that you have assumed ownership. (personal experience).
Baseline is if you want a fence between your garden and your neighbour's, in general the only way to be sure you have one is to erect it yourself and maintain it yourself!

[Peter Pedant]

andy - "and you play up" - good one

I agree with you - neighbourliness is so impt that you should offer half....

[ I paid half for my neighbour to unblock his bog - I wont say I had 'contributed' however I did wonder if it were part my fault. For that one, I warned if it is blocked by a nappie then you can pay.... ]

[andy-hughes]

I think good relations with neighbours are worth a lot, and I wouldn't dream of losing mine with my neighbours over something like this.

[Baldric]

If it's a privately owned property the deeds should specify who owns what fence, if it's rented I would suggest it's the landlords problem unless specified otherwise.

[Peter Pedant]

older deeds may not show the ownership Balders, speaking from experience