Shared garden fence - neighbours don't want to replace

[phatboy]

Hi,

Hoping for a bit of guidance as to how proceed with this problem.

Between our house and our neighbours is a shared ownership fence. A while back we discussed replacing it as its absolutely knackered and one of the 5 posts is rotten through. They said they didn't want to as they were putting their house on the market in January. Fair enough and I can understand why they wouldn't want to invest.

However last night the strong wind pretty much destroyed it - the fence was flapping around like crazy, and its torn up half of a panel. If there is any more high wind I think the fence panels will disappear, and likely land on the next neighbour along's conservatory.

I offered to remove the damaged fence panels today and the rotten post. The neighbours say they don't really want to because they don't want a missing fence when they sell (However its got a huge lean and looks cr@p as it is!)

If it blows away it will go their way so I'm not bothered about it damaging our garden, but I am worried that if it damages anyone else's property and they wish to claim we will be jointly liable.

I want to remove the panels and post immediately to prevent damage and a possible claim against me or my insurance.

We get on fine with the neighbours so I don't want to cause any issues but I also don't want to be out of pocket spending cash repairing someones conservatory that I could be using the renew the fence.

How should I proceed?

Cheers!

 

[munchingB]

write yourself a disclaimer and get the neighbours to sign it acknowledging that you offered to front half the cost to repairt/replace the fence and that they will take full responsibility for any damage caused to other properties if said fence decides to go for a wander...?

 

[footprints]

As you are having new neighbours who you don't know it might be worth your while to simply replace the damaged bits at your own cost, while the neighbours you have are happy to give you access.

If however it was to fall down while your neighbours are maybe away for christmas they will not be getting very good feedback from viewings and would have to stump up!

We had a shared fence at the back of our property, the old chap who lived there was a bit short of cash so we simply replaced it at our cost and kept the receipts. I know it's not quite ours in a true legal sense, but I feel we now have a stronger say in what happens to it if another owner wants to change the hight or style.

 

[phatboy]

Thanks guys, asking them to sign a disclaimer is an option but feels a bit aggressive - no idea how long the house will take to sell!

I would just replace the bare minimum myself if I could, but to get the existing post out would require lifting a couple of their natural stone slabs, and I don't want to be liable for any damage to them!

I understand their reluctance to put up a nice new fence, but maintenance does need doing, even if its a cheapy b&q post and 2 panels. I offered to do the fitting if they paid for a cango for me to remove all the old concrete (there is a LOT!)

 

[footprints]

Would one of these get you out of digging the old post?

http://www.screwfix.com/p/fence-repair-spike-75-x-75mm-pack-of-2/23093?_requestid=119646

 

[phatboy]

Would one of these get you out of digging the old post?

http://www.screwfix.com/p/fence-repair-spike-75-x-75mm-pack-of-2/23093?_requestid=119646[/QUOTE]

Hmmm, yes quite possibly! Hopefully B&Q sell them as we don't have Screwfix here.

Then I suppose the existing post could be re-used once the rotton bit is cut out.

I think 1 panel is salvageable for now, but the other will need replacement.

Maybe I can talk them into spending £70 or thereabouts.

 

[footprints]

http://www.diy.com/nav/garden/fenci...86338&ef_id=Ulk4OgAAAKiVUCHR:20131224160232:s

 

[phatboy]

http://www.diy.com/nav/garden/fencing-paving-decking/fencing/fixings___tools/-specificproducttype-fence_post_repair/Metpost-Fence-Post-Repair-Spur-Red-W-75mm-x-D-75mm-9276638?ecamp=SEAPLA9286338&ef_id=Ulk4OgAAAKiVUCHR:20131224160232:s

And a lot cheaper, cool! I never think of using their website to look for stuff, usually just trundle off up to the shop!

 

[tony1851]

I know it's not quite ours in a true legal sense,

It is if you paid for it, regardless of what might be written in xxx-year old deeds..

 

[Blagard]

If you use the repair spikes I would love to hear how you get on with them.

I would never want to use the long type where you don't have a concrete base, but getting the steel into an old concrete base sounds plausible. Don't expect it to last forever though because the remaining timber in the base will continue to rot, then I suppose you could withdraw what you can and pour some postcrete in to lock the spike in place.

 

[phatboy]

If you use the repair spikes I would love to hear how you get on with them.

I would never want to use the long type where you don't have a concrete base, but getting the steel into an old concrete base sounds plausible. Don't expect it to last forever though because the remaining timber in the base will continue to rot, then I suppose you could withdraw what you can and pour some postcrete in to lock the spike in place.

I'll have a chat with them in a few days and suggest the cheap 'fix'. TBH I have been in favour of replacing the whole run of fences with some nice Jackson Fences but the neighbours didn't want to spend in view of trying to sell.

Just depends IF they manage to sell fairly quickly, and I can get the new person on side for it, although when people buy a 2 bed house its usually their first house so they have run out of cash anyway :S

 

[phatboy]

Well the fence finally blew away last night, so everyone has agreed to replacing the fence!

I am considering doing the job myself, as its only 4 panels and 5 posts.....

 

[footprints]

Result!!
As the saying goes "It's an ill wind that blows no good"

PS Now we are all friends here, come on you can tell us, did you give it a nudge?

 

[NS215]

Surely if there selling, it would look better (1st impressions) if the fence was in good repair !!!!

 

[SimonH2]

Bit late now, but I would have suggested writing to the neighbour pointing out that the fence is in a known bad condition, and that if it caused damage or injury then the owners would be liable - and might not be insured. As you had asked to replace it and they'd refused, you'd expect them to fully indemnify you against any and all potential claims arising from their negligence.

Slip in that PI claims can easily run to a good few £k and they might have changed their minds. As an aside, our account manage at one of the suppliers has "problem" neighbours - of the sort that see ASBOs as a badge of honour. The fence between his garden and the path "fell down", and some of the neighbours were injured by it - his insurers paid out (IIRC over £10k) simply because they couldn't prove the victims hadn't caused the damage themselves and going to court would probably have cost more.