PARTY FENCE QUERY

[Hellywells]

My neighbour has informed me that she intends to replace the party fence between our properties and cover the full cost herself and asked if we had any objections. I said no and that the workmen were welcome to come onto our property to complete the work if needed. I know the procedure if she wanted us to pay half, written proposal and give time to reply ect. I am just wondering if I should get her to put it in writing so there is no comeback on us regarding payment. We would not pay if asked as there is nothing wrong with the fence that is there. As she is footing the bill does that mean that the fence then becomes hers or does it remain a part fence and do we have no say about materials used ect?

[cassa333]

You are jointly responsibly and have joint say over the fence.

If for example your neighbour wanted to put up pink slats with polka dot trellis and you objected then she would not be allowed to do this even if she were paying..

Even though she has agreed to pay for the entire costs does not mean she can put any old thing up.

Once you ahev agreed to the new fence it would then be difficult, in princple, to complain about it afterwards with out written details of the new fencing.

Neither of you can be forced to pay for new fencing that the other erected if you didn't agree (preferably in writing) to do so.

In essence you could say to the neighbour I like this single piece of knackered twine as the boundry fence/marker and I don't agree to any changes to it and will not be liable for any costs incured.

Your neighbour could then put up a fence at her own cost over onto her own land without being in contact with the true boundry. Then however over time you take the twine down and eventualy claim the extra inches as your own...

[joko]

i woudl do as someone suggested an ask her to just put hers next to the original one...that way any problems in the future and you still have a fence...also less likely to get damaged in high winds etc...and you can paint it etc

it is a myth that the fence owners have to put the nice side on the neighbours side...

[bushbaby_de]

You must look at your deeds and see who is actually responsible for erecting and maintaining a fence on the boundary - this is the only way to get the 'actual' answer rather than opinions or generalisations.

[Hellywells]

Well, on checking the deeds its definitely a party fence so I went to see her and all hell broke loose. She was extremely offended that I even dared to ask for more information about height and materials ect and was horrified when I asked her to put it in writing that she was paying for it. She just couldn't see that I was first off entitled to have a say and secondly having it in writing for our own piece of mind. She did do it but has made it clear that she doesn't want anything to do with us, that I'm very rude and aggressive and I bully her with my cats!!!!!! Glad the fence is going to be 6' 6"!!

[grasscarp]

What are you cats that they can bully? Tigers?

[Hellywells]

Nah its the flick knives I gave them!

[grasscarp]

Things could be worse Hellywells. Our neighbour is responsible for the interconnecting fence but does nothing despite it being in dire need of it. They dont particularly like us for some reason so cannot say anything. I am a bit of a wimp and cant do confrontation.

[boxtops]

6'6" won't be a problem for the average cat.....

[ethandron]

we erected a 6ft fence half way down our front path to stop our nosey neighbour staring into our study. we didn't ask his permission or discuss it with him, we pushed a note through his letterbox informing him of the height and length of it, and the date it would be erected. the posts are right in the middle of the boundary, the fence panels are on our side. once it was erected we painted our side immediately. our neighbour took 6 months to paint his, and he waited until we went away on holiday to do so. we didn't ask, or want him to contribute to the cost of it. as far as we're concerned, he can do what he likes with his side, we're just glad we don't have to have any contact with the wierdo!