Boundary fence

[GrantF]

Hi folks,

Just entering into 'discussions' with our neighbours around their impending installation of 6 foot timber fence to replace the existing 2 foot boundary fence installed by our house builder between our properties.

When we initially discussed the fencing around 6 months ago not long after we moved in, we verbally agreed to share the costs of the fence bordering our properties. I (perhaps mistakenly) presumed at the time, that the cost would shared based on the fact we would have share a double sided fence so we neither of us have a 'bad' side. My partner and I have since changed our desire to have he same fence as everyone else, and would now prefer to purchase a different fence type later.

So, as we don't favour the style of fence they are proposing, we have suggested that we will do our own thing on our side of the new fence using the new posts installed at the time their fence is erected.

We have offered to contribute 50% towards the costs of the actual posts installation, rather than 50% of the cost of the fence. Does this seem reasonable, am I being tight? Considering they are doing this on the boundary fence?

Is it common sense to assume even though they pay for the posts, we still have an entitlement to use our sides of the posts to attach our fencing at a later date?

 

[big-all]

usual stratigy is you adopt a fence
round here it the left hand fence as you look at the property from the front

house is a 100 year old terrace

 

[wedge69]

Our house deeds detail which fence is our responsibility and which is the neighbours.

 

[TexMex]

It is normal practice for the fence to be "owned" by one side only. If this hasn't been clearly stipulated in your deeds, whatever happens now could set the presedent for the future. Where disputes arrise in the future, concerning the responsibility of it's maintenance, whoever foots the bill this time, is likely to be left holding the baby.

Ironically, it is also normal practice, when installing the fence, to put the face side outside. Therefore, let them have the fence (and associated costs), and you get the nice face side

 

[GrantF]

OK, I have looked into this further now with my solicitor.

Seems our laws in Scotland are slighty different from England & Wales.

According to the title deeds, the bounday fence is a 'mutal' fence, meaning the properties which the fence effectively splits should technically share the costs of maintaining it etc.
However if one neighbour decides to take down this low boundary fence and erect another fence, this effectively becomes the new boundary fence and the same rules apply. If they erect a new boundary fence without our prior consent, we can demand they take it down and re-instate the original boundary fence.

If they decided to erect a fence on their side of the existing boundary fence, then we obviously have no jurisdication to it.

Basically they wont be able to stop us erecting a fence against the posts they install.