Boundary Fencing Replacement

[josadler7]

Hi
Please can you help? My neighbour posted a letter through my door the other day requesting that I pay 50% of the cost (~£500 total) of replacing our party fence posts and panels (6 panels) since the posts/panels are rotten.
He claims that:
“In accordance to land registry this fence is the responsibility of both parties and any costs incurred have to be shared”
Further
“Covenants by the transferee(a)
To contribute equally with the owner of the adjoining plot towards the cost of maintenance and repair of any party boundary walls or railings.”

I’m not how this stands since the boundary is not a wall or railing – it’s a wooden fence.

I’ve checked my deeds and there is no indication of ownership on any of the boundaries, no T indication.
The fence is on the left side of my property (looking from the front). My understanding is that you are responsible for the boundary fence to the right of a property, indeed the previous owner made it clear that it was ‘his’ fence when it came to maintenance.
Additionally the present owners have contributed to the decay of the fence by failing to maintain their side by removing the coping post tops (water froze and split 2 of the posts)
Does anyone have experience in this area?
Thank you in advance.
J

[whistonian]

Check with you solicitor.How old is your property,mine is 80 years and the boundary is clearly marked on the deeds with a little T mark .As i face the house from the front my boundary is down the LEFT side.

[Peaspeculiars]

Morning, Have a quick look at this link as it may help you out a bit:

http://www.landregistry.gov.uk/public/boundaries

Judging by the wording of the letter, can we assume that your neighbour and self do not get along well? (seems strange to send a letter when it could have been chatted about). Have you had 'words' about this fence before?
I would probably check through all your documentation again to see if any surveys show the boundary - also check the Deeds for WORDING on the promise from a neighbour to maintain the boundary fence, and also your title register. If you can't see anything then it's a trip to the solicitor I'm afraid - If the neighbour is already putting things in writing, it looks like he is serious about getting a monetary contribution from you and is starting a paper-trail, so I'd be a bit wary in the first instance.
I admit I always thought the boundary line was on the RHS as you look at the property too.

[Postdog]

There is actually no legal requirement to have a fence on a boudary. This site may help.
http://www.gardenlaw.co.uk/

[josadler7]

Thank you Peaspeculiars - my neighbours tried to take down a tree (it shaded part of their garden when in leaf) that is on my land a couple of years and I politely objected - they were already in process when I arrived home one evening! Since then they have been 'frosty'... I can't find anything in the deeds there is no T mark on the plan either. Solicitor route would also be costly so I was hoping to avoid it but sounds like I may have to.
J

[chrissa1]

What is he going to do if you refuse? I would have thought there is not a lot he Can do.

I always thought that if the actual posts of the fence were on your side, then it was your responsibility and visa versa.

[ethandron]

Are you happy to pay half? If you are then I would knock next door and ask for a look at the estimate he mentions with details of all costs involved. Then go away and get your own estimate so you know if it's about right.
If you're not happy to pay half then I would still knock but explain that you can't afford it/are happy with the way it is/some other reason.
But keep it civil and polite. We have always paid half of any fences with all our neighbours regardless of 'whose fence' it is deemed to be, makes for a much happier scenario.

[Peaspeculiars]

Tricky one - especially after the 'tree incident' Blatant cheek in my opinion!
Yes, unfortunately the solicitors route may be costly - however, Postdog's link is great - if you go onto this section of the site: http://www.gardenlaw.co.uk/boundaries.html

it shows that you can obtain a copy of your neighbours and your own boundaries for £8 a pop (so might be a good starting point).

And Chrissa is correct, what can they do if you refuse? (It will cost them a lot of money in Sol's fees to take you to a small claims court)(maybe though, that's why they have begun the paper trail? Hmm...)

If it were me and my neighbours had already tried to cut down a tree illegally on my property, I would be tempted to say 'shove it' and see where it goes from there. It can get messy however, but if you already don't get on with them it's no great loss. I would just say I can't afford the cost at this moment in time, and every time they write you another 'demand' for money - They are trying to be clever by using the language as shown in their letter. But if they were really clued-up about the law and your need to contribute, surely they would not have leant over the fence to cut down your tree?
You could always say that you expect them to incur the full cost as compensation for the damage they did to said tree.

I am no expert on this though, so keep researching :-)

[Peter Pedant]

Neighbour disputes cost time and money and sour er neighbour relations

I strongly strongly recommend you quietly find out if you are half responsible and then pay up whether you are or not. - and dont worry the fact that you have paid half ! it cannot of itself bind your successors to do so in perpetuity

No one has mentioned getting the land registry entry for your own property but it costs ( but not that much ) and is centralised

[dustypuss]

Tell him that you are happy with the fence the way it is. If he wishes to erect a new fence then let him do it on his own land but leave the original fence alone. He may lose an inch or two of his land but that not your problem.

[atalanta]

Advice from the Citizens advice bureau is free.

[joko]

you are not obliged to pay for anything - if he wants a new fence then let him buy one
if you are happy with the fence as it is, then its his problem

he is trying it on