Who Decides On The Type Of Fence Post?

[rkosnic99]

I'm about to replace a boundary fence which is clearly defined in the land deeds as my responsibility. My neighbour however, has claimed that it is under joint ownership, has provided lengthy instructions on how we wants the new fence to look and the materials to be used. He accepts that it is my responsibility to replace however.

Apart from the obvious contradiction (to me at least) of saying he has joint ownership and power of design but isn't actually responsible for the fence, does anyone know if legally he has any input into the type of fence installed?

One of the issues is that I want to use concrete posts not wood as they'll last much longer, but he's already told me this is unacceptable.

I don't believe he has any input into the fence design, and would prefer to avoid a dispute of which he has recent history and would no doubt initiate, but also will not be bullied.

Any suggestions on how to deal with him welcome!

[sandyRoe]

Tell him if he wants to pay for it he could decide how it should look. As you're paying you decide.

[hc4361]

Tell him you are putting what you want on the boundary as it is your responsibility and your money. He can always put his own fence on his side provided it isn't attached to yours.

[hc4361]

Alternatively, you can just take the fence down and not replace it at all. Your only obligation is to ensure any fence you do erect is safe.

[paddywak]

As sandy says,if its your fence and you're paying you get to decide what type of fence goes up. If your neighbour doesn't like it tell him he can put up any kind of fence he likes as long as he's going to pay for it.

[murraymints]

I'd completely ignore him and get on with it...
Your fence your money...sod im

[boxtops]

He can always paint his side of your concrete posts brown..... he can't have it both ways

[carrust]

It's very easy to say sod-off when it's not your neighbour. I'd go round and discuss various designs with him stating firmly that it is your boundary & you could put anything you liked there. You might have to compromise a little but anythings better than having a war with your neighbour.

[rkosnic99]

thanks everyone, the sod off option is definitely the most attractive, but that would undoubtedly lead to solicitors letters (he has a track record), which I really can't be bothered with. First step will be to get him to understand that it's not his choice, after which I might compromise. Should be a fun weekend!

[pixie373]

It's either joint ownership, in which case he pays half and you compromise, or it's yours and you pay for whatever you like.

[jomifl]

He can always fence your fence with his fence or be reasonable. He can always share the cost and decisions on style.

[woofgang]

I wouldn't go as far as strong language, but its just as well, in my experience, to make your attitude clear from the off. Once a bully thinks he can bully then he will continue (or she) If he cares to spend his money on solicitor's letters that's his lookout and expense, unless he has written proof of his assertions, you need not take any notice of them. If the ownership of and responsibility for the fence is clear in your deeds, he will need something amazingly solid to refute that.