Fence dispute

onlinenerd

To cut a long story short, a part of the fence that divides the two houses has fallen over due to heavy winds. Our neighbours are tenants so we naturally met with the other house owner to go halves on it. He maintains he will only pay for the fence that has "fallen over" while we are looking to do the whole boundary as it is imminent it will also fall over soon.

When we consulted the builders, they said they will do the whole stretch of the boundary at an extra €500 as part of fixing the fallen fence. We offered to pay the whole €500 while he can pay us back in instalments over time the €250 if he's stuck for money but he's adamant he doesn't see a problem on the standing fence.

I would prefer to do the whole fence at a cheaper price now rather than waiting for its imminent collapse and paying a higher fee but looking from the other house owners point of view, I think he's planning to hold out for a few years and sell the house and so he can avoid paying for the fence now. I find it highly ironical that a house owner in the present housing crisis with multiple tenants in his house cant cough up €250 and mind you the fella is very well off as he works in a very senior position in the financial world. Whats the best way to solve this or do we have a case if we go to court?

GerardKeating

onlinenerd wrote: »

Whats the best way to solve this or do we have a case if we go to court?

Is it worth going to Court for €500, you might pay more in legal fees than you might win.

Nigzcurran

Life is far too short to end up in court for a few hundred euro, just pay it and move on

handlemaster

Go to court. Before you hit the steps of the court house the bill would be 3 times that. Its up to you this request is your preference you can't force him to pay for what appears a preferred option.

Fian

I agree with you that doing the whole fence at once makes more sense than a single panel.

However, outside of some sort of applicable private agreement you have not mentioned, the other owner has no obligation to fund that.

In fact he doesn't have any obligation to fund the replacement of the piece that fell down, he is quite free to say - sorry no I am happy to leave a gap.

josip

2 things come to mind.

If you replace all of the fence without your neighbour's agreement, they may take you to court to restore the part they deemed unnecessary to replace. Unlikely, but they do sound difficult.

If you do decide to replace it all and pay for it yourself, make sure the 'good side' faces your garden.

EKRIUQ

He maintains he will only pay for the fence that has "fallen over"

Isn't that fair enough, he's going to pay for the bit knocked over, if you want to replace the whole fence that's up to you and your decision.

I don't think you can make someone pay for something because that's what you want.

Wait until the whole thing falls if he won't budge and talk again

onlinenerd

Just a clarification, it wasn't a single panel knocked down but half the boundary fence which cost €3250 to build up anyway so an extra €250 almost isn't much but he said he's quite happy for us to pay for the whole boundary and get it fixed because of its very much of convenience to him. I was also under the illusion that neighbours have to go halves on the boundary walls anyway by law.

josip

onlinenerd wrote: »

Just a clarification, it wasn't a single panel knocked down but half the boundary fence which cost €3250 to build up anyway so an extra €250 almost isn't much but he said he's quite happy for us to pay for the whole boundary and get it fixed because of its very much of convenience to him. I was also under the illusion that neighbours have to go halves on the boundary walls anyway by law.

When was the fence built?
€3250 doesn't sound like your average 3-bed semi back garden fence

antix80

onlinenerd wrote: »

I was also under the illusion that neighbours have to go halves on the boundary walls anyway by law.

A fence isn't a wall - you and your neighbour may have an agreement regarding fence repair and maintenance but I'm not sure it falls under boundary wall law.

He could hammer a few pegs along your boundary if he didn't want to replace the fence and that would be enough to show the boundary.

onlinenerd

josip wrote: »

When was the fence built?
€3250 doesn't sound like your average 3-bed semi back garden fence

Probably when the house was first built 20+ years ago, we have decided to go for a brick wall this time as it's impossible to put fences cos the boundary land is divided on a raised platform so hence can't put a concrete base.

phormium

onlinenerd wrote: »

I was also under the illusion that neighbours have to go halves on the boundary walls anyway by law.

Unfortunately that was an illusion, the fence may belong to either of you depending on what the deeds show. My wall at back of property is totally mine even though it bounds another garden, original owner didn't want to contribute as he hadn't yet built on his site (although doubt he would have anyway) and couldn't be compelled to obviously either, trouble is now they have total benefit of it but that's life!

hullaballoo

There is some scope for an application to the District Court in relation to party structures, like a boundary wall, under the Land Law and Conveyancing Reform Act 2009.

You can bring the application yourself, a solicitor wouldn't be getting involved in these applications in the normal course.

onlinenerd

onlinenerd wrote: »

To cut a long story short, a part of the fence that divides the two houses has fallen over due to heavy winds. Our neighbours are tenants so we naturally met with the other house owner to go halves on it. He maintains he will only pay for the fence that has "fallen over" while we are looking to do the whole boundary as it is imminent it will also fall over soon.

When we consulted the builders, they said they will do the whole stretch of the boundary at an extra €500 as part of fixing the fallen fence. We offered to pay the whole €500 while he can pay us back in instalments over time the €250 if he's stuck for money but he's adamant he doesn't see a problem on the standing fence.

I would prefer to do the whole fence at a cheaper price now rather than waiting for its imminent collapse and paying a higher fee but looking from the other house owners point of view, I think he's planning to hold out for a few years and sell the house and so he can avoid paying for the fence now. I find it highly ironical that a house owner in the present housing crisis with multiple tenants in his house cant cough up €250 and mind you the fella is very well off as he works in a very senior position in the financial world. Whats the best way to solve this or do we have a case if we go to court?

Just do a quick job on it yourself? A few stakes from b and q etc, provided it's not an imminent threat to life and limb etc.

When he wants to sell the house he'll see the merit to having a good fence up and will have to engage with you then.

ted1

I’d laugh at my neighbour if he came looking for money like that.
I’d put up a fence myself for a fraction of the cost. Especially if I have no intention on living in the house. Some landlords would be happy with a stake and a piece of twine