UK Landlord Forum / Life

We have a property with a joint fence (as shown on the deeds) which has been damaged in the recent winds. The neighbour wants to have a nice new fence all the way along with concrete posts etc, we want to have the current one repaired to a satisfactory standard where needed. Obviously there is a massive difference in price.
Am I correct in saying that they can't make us pay for their wishes and that we are only responsible for keeping the fence satisfactory ?

Example is that if the new fence is £1000 but the repair is only £250 we are liable for £125 and if they want extra they can pay themselves.

As I understand it,fences belong to either one house or another.In my case,the  fence on the left as I look out at my back garden is mine on the deeds.I have to maintain it,but my neighbour cannot dictate a particular style or quality of materials.If this is a genuine joint fence then I think you are probably right,but you would need to check your deeds.   

Yes we have checked the deeds and yes it is a joint fence

What's this got to do with being a Landlord, though? As with nearly everything in life... negotiation is the key to success... plus not putting your hand in your pocket because someone says so... the whole premise of the question is a strange one - of course they can't force you to pay out for their super-duper fence, well - they can - but only if you agree to it, right?

Simple answer - don't agree.

Quote from: heavykarma on March 21, 2019, 12:25:12 PM
As I understand it,fences belong to either one house or another.In my case,the  fence on the left as I look out at my back garden is mine on the deeds.I have to maintain it,but my neighbour cannot dictate a particular style or quality of materials.If this is a genuine joint fence then I think you are probably right,but you would need to check your deeds.

No, there is such a thing as a "Party Fence" I think it is marked on the deeds as a "H" rather than a "T"

Yes the fence is shown as an H rather than a T on the deeds

The reason I asked the forum is because as a landlord I thought this was a forum specifically for landlords and this is a question regarding a rental property, strange answer. We are not agreeing to it but wanted to check my facts.

I should think it's not uncommon for an owner-occupier to have a fancier fence fetish than the landlord next door.It's unlikely to add much to the rental value, after all.

Personally, I'm of the opinion that it's worth spending a bit on decent fencing that will last, rather than patching it piecemeal and spending twice as much in the long run. My rental property's got a party fence and when the old panels got tatty we replaced them with heavy-duty ones that would stop a herd of wildebeest. Good fences make good neighbours. In our case, the posts were already concrete though. I take it yours are just wooden at the moment?

“Am I correct in saying that they can't make us pay for their wishes”
Yes you are correct

“and that we are only responsible for keeping the fence satisfactory”
No you are legally not required to have a fence at all (assuming you are not near a mine, railway, highway, have cattle, etc.)
Whilst you own the fence unless there is something in your deeds that requires you as the owner to maintain you need not do so.
(this would be interesting on its wording as generally a positive covenant (ie one to spend money) doesn’t run with the land (ie. not enforceable on subsequent owners) but it is possible if the benefit and burden are concurrent - I am now rambling...

“Example is that if the new fence is £1000 but the repair is only £250 we are liable for £125 and if they want extra they can pay themselves.”

Suggest you make exactly that offer - might help to have a bona fide estimate.
Unless your tenant is kicking off then likely time is on your side.  Time in most negotiations is the most valuable asset - as Mrs May is finding out.

Whilst the legal position is on your side I suggest better to be on good terms with neighbours / make a reasonable offer/ communicate/ consider upping the offer a little at the right time. Peace and Love

I keep learning new stuff on here.Never heard of party fences.What an absolute minefield that could be.It explains why,when viewing a house for myself once,I was surprised to meet a horse  grazing in  the back garden.It was a huge garden with no fence on one side.The house owner insisted he was not legally obliged to have one,and he did not mind the horse.I did not mind it,but it would have costs thousands to get it fenced for all my dogs.