Replacing Shared Boundary Fence With Neighbour

Hi Folks,

Looking to replace a boundary fence I have with a neighbour as its well past its sell by date.

Just wondering what the process is here if the neighbour doesnt agree to it and also split costs?

Im looking to build a wall, but ideally have it on the footprint of the present fence as this is right on the border of both of our gardens. Thanks

Lumen

You can't build a party wall without agreement from the other party, because the footings (at least) will be on their land.

Getting agreement and splitting costs may not be easy as cheap walls are ugly and nice looking walls are expensive. If I was your neighbour I would agree, let you pay for it, and spend my own money on making my side pretty (render or stone facing, or hide it behind a hedge).

If you can't reach agreement you can just build the wall entirely on your land, but even that may involve taking down the existing fence. So the worst case is that you end up paying for the new wall on your side AND a new party fence.

All IMO obvs.

Mellor

https://www.boards.ie/discussion/2058218985/replacing-shared-boundary-fence-with-neighbour

If the neighbour doesn't agree then you pay all costs and put it fully on your land

olestoepoke

https://www.boards.ie/discussion/comment/118244986#Comment_118244986

Agree and let them pay for it? Really? What type of person does that?

Lumen

https://www.boards.ie/discussion/comment/118275747#Comment_118275747

A person who doesn't want a big ugly wall built but is prepared to let it go ahead as long as they don't have to pay for it.

seamus

https://www.boards.ie/discussion/comment/118275747#Comment_118275747

This is pretty standard. The neighbour who wants the wall, pays for it.

I agree if the existing boundary fence is falling apart, then the cost of renewing it should be split, but if one side wants to "upgrade", then they should be prepared to foot the bill.

sydthebeat

https://www.boards.ie/discussion/comment/118244986#Comment_118244986

You CAN build a party wall without agreement from a neighbour.

There are allowances for this in the land conveyancing act

JimmyVik

People can be funny about these things.

New neighbor called in to us a few years ago and asked about us going halves on a wall.

Now there is already an old wooden fence that we put in about 10 years ago and we have replaced panels and posts ourselves whenever needed, but we thought new neighbor moved in and in the name of good relations it might be nice to go halves on a wall with him, so we asked how much.

€10k he said without laughing. My Dad said, no way could we justify paying €5k to replace a perfectly serviceable fence. No 10k each he said.

My Dad just said, look we are happy with the wooden fence, do you want to go halves in the maintenance of it instead?

Neighbor hasnt spoken to us in years and has not done anything about their wall that they wanted.

olestoepoke

https://www.boards.ie/discussion/comment/118275786#Comment_118275786

If that person didn't want the big ugly wall built would they be better off saying so and offer to pay half to replace the failing fence or would they be too cheap and hope that their neighbour pay for everything whilst they reap half the benefit? I wouldn't like to live next door to someone as sneaky as that.

olestoepoke

https://www.boards.ie/discussion/comment/118275814#Comment_118275814

I disagree that it is pretty standard, maybe it's your experience.

Lumen

https://www.boards.ie/discussion/comment/118279773#Comment_118279773

This seems to have hit a nerve! Have your had bad neighbour experiences?

When I moved in to my current house I replaced all the boundary fences at my cost. My next door neighbor was old and Dutch so I didn't ask her to contribute. Blow in tax!

What matters is being reasonable and compromising. That doesn't mean everything has to be split forensically down the middle.

One ...don't put a wooden fence down...it will come back to bite you...and with the storms over the last few years your only looking for trouble and will be replacing it down the road..talk with the neighbour..ifnhe doesn't want to go halves you can't make him ...just build the wall six inches on your side ..if building a wall and don't want to plaster a hedge can be planted in front of it ..there's Abit of maintainance though when it gets big in a few years ..I'd stay on friendly terms with your neighbour...weather he wants to go halves or not...it's not worth fighting about ..