Neighbour going back on an agreement

[beatts]

I didnt know if this was the right section to post this in, anyhow here goes!

My neighbour and I are getting the fence that seperates our houses replaced. It is goint to work out at £650 between us which is not the issue.

Anyway I arranged the fencer and therefore I am liable for payment, my neighbour agreed for the work to go ahead providing

1 his bramble bush out front was not disturbed!
2 All work was done from my side

I asked for payment upfront from him so I could pay the fencing guy upon completion but he hasn't given me it yet (fence being fitted tomorrow) and I have a strong feeling he wil try and weasle out of paying it somehow.

I need to also mention at this point that the house which is owned by my neighbour is empty and has been for ten years. He lives a couple of miles away. He is a bit of an oddball and claims he is keeping the house for his son, but in the meantime it is going to rack and ruin.

Has anybody had this situation before and if so how did you handle it?

I don't really want to resort to violence......

 

[joe-90]

If you commissioned it then you are liable to pay for it. Who owns the fence according to the deeds? Wouldn't deal with a nutter if I were you. I'd put of the contractor until he pays you.

 

[gregers]

as joe-90 has said you employ you pay,tell him your going to plant lylandi trees instead

 

[Atilla]

Squatters rights???
Move in next door and see how long he wants to keep it empty then.

 

[roughcaster]

And that concludes the case for deFENCE. ....sorry

Roughcaster.

 

[imamartian]

I thought that if the deeds had a little 'T' on your side of a border, you had to maintain the fence, if not your neighbour did... so why go into a joint deal with him?

And as with any dealings with other humans, always be prepared to cope with them being complete and utter anti-social bar stewards... in this instance it'll cost you £300, but in future, he's off your chrimbo card list... that's people for ya!

 

[hairyben]

Steal half his garden.

 

[Shutpa]

the fence........is going to work out at £650 between us which is not the issue.I asked for payment upfront from him so I could pay the fencing guy upon completion but he hasn't given me it yet (fence being fitted tomorrow) and I have a strong feeling he wil try and weasle out of paying it somehow.

It seems to me that the shared cost is the issue!

 

[Donkmeister]

I thought that if the deeds had a little 'T' on your side of a border, you had to maintain the fence, if not your neighbour did... so why go into a joint deal with him?

I've known people do this when its not their fence to maintain... simply because the person who did own the fence wasn't bothered by its appearance whilst the person who had to look at it was.

 

[Steve]

We have renewed fences on all sides of our property, without even consulting neighbours

One side, neighbour we dont talk to, we used an 8 inch board horizontally, spaced 1 inch and 6 foot high. 12 foot boards, posts every 6 foot. He was happy with it. Cheap but effective and nice looking. Previous fence was an ancient picket fence effort, falling apart.

Other side, nice neighbours, we used the same boards, only 4 foot high. Same on both sides in front garden. Rear fence is a 7 foot high close board panel effort, with plastic posts. Yes, plastic. The top foot is a trellis.

 

[TonyWarrington]

Had a similar issue with a neighbour who had agreed to go half on the cost of replacement fence.

Before starting the job I approached him about the cost (£300) and he had changed his mind stating that as the fence was in a position he could not see he was not bothered!

Had to bite the bullet and pay for the whole job myself.

In my case fences are seen to be shared (in deeds) and therefore it would be expected that any costs for replacement should be split. However what can you do if one party refuses to pay or does not accept that replacement or repair is due?

As the guy does not have to look at the property I guess that he may be reluctant to share cost and you may have to go it alone.

 

[Bilioustrumpstaine]

Whose fence is it ?

If it is his he obviously doesn't want to have it replaced so the work would be for your benefit so sadly it would be you that coughs for it. If the rest of the house/property is falling down why would he want to part with money for a fence


We have responsibility for the fence to the left of the property (which we replaced) but the fence to the right was owned by our neighbour, a single mum who is struggling to make ends meet, so we offered to replace the fence. She insisted on paying for the materials so I told her I got a good deal and had got the lot for £50

I doubt if you will see any dosh from your neighbour

 

[mattylad]

You would either need witnesses or the agreement in writing to have any hope of payment. with them you can go to the small claims court.

When you do have the fence fitted, make sure the nice side is pointing towards you, the panels are firmly fixed in & that the neighbours is made aware that it cannot be painted or have anything attached to or leant on it without prior permission from whoever finally pays for it.

You do have the option of making sure that it is fitted on your side of the boundary line, paying for it yourself and it being your fence & only yours.

Take photographs before & after.

 

[Richard C]

Had a stupid fence dispute here 3 years ago & what I learned in the process or resolving it was a real surprise to me. It all hinges on whose fence it is; if it’s your fence, why should he pay you a contribution, regardless of weather he initially said he would! If it’s his fence, he is under no obligation to do anything other than maintain a duty of care to ensure it doesn’t pose a danger to you, your family or your animals; & even then all he has to do is take down the hazardous bits, he doesn’t have to repair or replace it unless there is a covenant in force that says otherwise; he can let it all decay into the ground if he wants to. Unless it’s your fence you can’t touch it (& this is where I got into trouble) without his permission. That includes replacing it, repairs or even painting your side to make it look nice if you do it without permission, it’s effectively criminal damage. He can even put up new fence & paint your side bright pink if he wants to & there is absolutely nothing you can do about it other than erect your own fence along side to hide it but it must be inside your boundary.

 

[Steve]

If the fence is in a state of disrepair, buy a dog, let it roam freely beyond the holes in the fence and mess the neighbours lawn. Soon change their mind.