A couple of questions about joint responsibility

A couple of questions about joint responsibility

Postby mightym » Thu Mar 24, 2005 6:00 pm

I have a few queries regarding the fence that lies between the garden of my house and the neighbouring garden, which is on the right hand side of our garden as you look from the front of the house. Having looked at the deeds downloaded from the Land Registry there does not seem to be any indication as to who is responsible for this fence. Will there be more info in the actual deeds? If there is still no indication is there another way of finding out?

Currently the fence seems to be in good repair and fits in with the garden setting, however my neighbour has approached me to say that he intends to replace the fence. He has asked if I will share the cost of the new fencing, which in slightly different circumstances I wouldn't have any problems with. However neighbour my has already arranged to have the work carried out before he consulted me about it. This has caused two problems really, at the moment I could not afford to meet this cost, having not budgeted for it. It is quite embarrassing as it's not a huge sum but still prohibitive. I also haven't had any input as to what fencing will be put in and as the work has already been arranged it appears I will be stuck with whatever he has chosen.

I understand that if the fence is his responsibility then he can do whatever he pleases, however whether this is the case is unclear at the moment If the fence is a joint responsibility am I obligated to meet the unexpected cost particularly as I wasn't really consulted? I intend to discuss this through with my neighbour in more detail, but if I do not like the planned fencing, because of the joint responsibility am I able to ask that the work isn't carried out, particularly as the current fence is in good repair? Would this still be the case if my neighbour paid for the entire cost himself, in effect would this give him carte blanche to do whatever he pleases? It would be extremely useful if I could understand where I stand discussing the matter with him as I do not wish this to cause any falling out between us.

Thanks for any help and advice
mightym
 
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Postby despair » Thu Mar 24, 2005 7:00 pm

If your neighbour foots the entire bill he can choose whatever fence he likes

If it is a party fence then he cannot act unilaterally and just present you with the bill for half

Any change of fencing , choice of contractors and indeed the cost must be fully agreed

Since the fence is in good repair the entire exercise seems crazy

Good fences on wooden posts tend to last around 10 years unless in waterlogged land

Fences with concrete posts last much longer
despair
 
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