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[Sir Tigger KC]

It's a panel fence and the panels are fixed in the middle of the posts, the neighbours have the 'posh' side of the fence.  I don't think that the 'posh' side means much though to be honest as I think that the developers erected the fence in the first place and placed the posh side on their side so it looked nice for a sale. 

I replaced 2 fences a few months ago on a rental property I have and contacted the owners on either side to see if they would be willing to share the costs of replacing the fences.  They both declined saying it was my fences, so both fences have the nice side facing into my garden.  Fick 'em!   

[Shackeng]

It's a panel fence and the panels are fixed in the middle of the posts, the neighbours have the 'posh' side of the fence.  I don't think that the 'posh' side means much though to be honest as I think that the developers erected the fence in the first place and placed the posh side on their side so it looked nice for a sale. 

I replaced 2 fences a few months ago on a rental property I have and contacted the owners on either side to see if they would be willing to share the costs of replacing the fences.  They both declined saying it was my fences, so both fences have the nice side facing into my garden.  Fick 'em!   

Nice one, it might imply in the future that they own the fences!
I do know from some rental terraced properties I used to own, that the default ownership of a dividing fence/wall was the right one looking from the front, as has been stated above.

[Sir Tigger KC]

I think that the right/left side, like the posh side is a convention/rule of thumb thing rather than having any basis in law to be honest Shack. 

Because this fence looks really shabby from my side and due to the fact that the neighbours are elderly, I have offered to rebuild the whole thing so that it outlasts us both and we won't have a dispute.  I have a heap of new feather edge fencing boards which I acquired recently which I think will do most of it and I'll be able to clad both sides so it looks great for us both.  I asked them if they would make a small contribution for whatever extra materials I need.  They thought this was a good idea and agreed. 

Since then their bloody daughter has stuck her oar in and has convinced her parents that I'm trying to get them to pay for the whole thing and that it's my fence and they shouldn't get involved.     The poor old girl has got quite upset about it, but I've managed to placate her and she seems reassured at the moment. 

I guess that's until the daughter gets involved again, but I'll do it anyway and if they don't contribute, I'll just clad my side. 

[Shackeng]

I think that the right/left side, like the posh side is a convention/rule of thumb thing rather than having any basis in law to be honest Shack.

Because this fence looks really shabby from my side and due to the fact that the neighbours are elderly, I have offered to rebuild the whole thing so that it outlasts us both and we won't have a dispute.  I have a heap of new feather edge fencing boards which I acquired recently which I think will do most of it and I'll be able to clad both sides so it looks great for us both.  I asked them if they would make a small contribution for whatever extra materials I need.  They thought this was a good idea and agreed. 

Since then their bloody daughter has stuck her oar in and has convinced her parents that I'm trying to get them to pay for the whole thing and that it's my fence and they shouldn't get involved.     The poor old girl has got quite upset about it, but I've managed to placate her and she seems reassured at the moment. 

I guess that's until the daughter gets involved again, but I'll do it anyway and if they don't contribute, I'll just clad my side. 

True, I am just pointing out what I was advised, and what is accepted in court disputes where nothing is stated on anyone's deeds. In your case you have some evidence that it was built by the developer of the adjacent property, so  should you wish to make a case you should be on fairly strong legal grounds to place the responsibility on your elderly neighbours. I fully appreciate why you are taking the job on, but remember, once having done so, you will now own the fence.

[Lizzie Zoom]

I think that the right/left side, like the posh side is a convention/rule of thumb thing rather than having any basis in law to be honest Shack. 

Because this fence looks really shabby from my side and due to the fact that the neighbours are elderly, I have offered to rebuild the whole thing so that it outlasts us both and we won't have a dispute.  I have a heap of new feather edge fencing boards which I acquired recently which I think will do most of it and I'll be able to clad both sides so it looks great for us both.  I asked them if they would make a small contribution for whatever extra materials I need.  They thought this was a good idea and agreed. 

Since then their bloody daughter has stuck her oar in and has convinced her parents that I'm trying to get them to pay for the whole thing and that it's my fence and they shouldn't get involved.     The poor old girl has got quite upset about it, but I've managed to placate her and she seems reassured at the moment. 

I guess that's until the daughter gets involved again, but I'll do it anyway and if they don't contribute, I'll just clad my side. 

Coming in late on this thread Sir Tigger, and after all the sound advice, I would just comment that you have a choice.  Go to a solicitor and pay good money for advice and legal action, or just do the job yourself.

Having once had a similar problem, my ex just decided to do the job (as he could) and end up with a sound fence and not pay out good money for legal fees, then end up with a decision that means you have to do the bloody job anyway!

[Field Marshal Dr. Opti]

Sir Tig owns half of Dorset. He could easily have this guy 'terminated'

[2boxerdogs]

Sounds like Triggers fence. 

Because neither of us will take ownership we've been bodging it up for years and my neighbours input has always been very reluctant.  They are elderly so guess who has done the bulk of the work?  Triggers fence indeed! 

Whose side are the supporting posts on?

Did both sides of my house when we moved in 30 years ago  great neighbours on both sides & they have helped throughout that time to maintain it, both in their late 80s/90s now so I do it all now, in my opinion not worth falling out over a few bits of wood.

[Rods2]

I think it being the right side being your fence depends upon the circumstances. Most of the houses down my road have been built by dividing much older houses long back gardens, so my fence is on the left which follows the convention on it being on the older house beind right.

[Sir Tigger KC]

I think that I've made them a good and fair offer to build a new and strong fence (largely at my expense and effort) that will see us all off, and all I'm asking is a small contribution towards it. 

I've no intention of going down the legal route over a few bits of wood, but neither am I going to be pushed around and if they don't want to cooperate they'll get a new fence anyway.    It's just that they might not like the end result in that scenario!   

To be fair to my neighbours they seem OK really, it's their bloody daughter stirring the pot in the background, and it's since they've spoken to her that they keep bringing up the ownership issue.  She probably thinks I'm trying to squander her inheritance! 

As to my thoughts on the ownership issue I havn't commented on that yet and am keeping my powder dry! 

[redelitev6]

I think that the right/left side, like the posh side is a convention/rule of thumb thing rather than having any basis in law to be honest Shack. 

Because this fence looks really shabby from my side and due to the fact that the neighbours are elderly, I have offered to rebuild the whole thing so that it outlasts us both and we won't have a dispute.  I have a heap of new feather edge fencing boards which I acquired recently which I think will do most of it and I'll be able to clad both sides so it looks great for us both.  I asked them if they would make a small contribution for whatever extra materials I need.  They thought this was a good idea and agreed. 

Since then their bloody daughter has stuck her oar in and has convinced her parents that I'm trying to get them to pay for the whole thing and that it's my fence and they shouldn't get involved.     The poor old girl has got quite upset about it, but I've managed to placate her and she seems reassured at the moment. 

I guess that's until the daughter gets involved again, but I'll do it anyway and if they don't contribute, I'll just clad my side. 

Simple solution , you do half of the fence and leave the other half to them !

[ronnyd]

I think that I've made them a good and fair offer to build a new and strong fence (largely at my expense and effort) that will see us all off, and all I'm asking is a small contribution towards it. 

I've no intention of going down the legal route over a few bits of wood, but neither am I going to be pushed around and if they don't want to cooperate they'll get a new fence anyway.    It's just that they might not like the end result in that scenario!   

To be fair to my neighbours they seem OK really, it's their bloody daughter stirring the pot in the background, and it's since they've spoken to her that they keep bringing up the ownership issue.  She probably thinks I'm trying to squander her inheritance! 

As to my thoughts on the ownership issue I havn't commented on that yet and am keeping my powder dry! 

Can you show their (bloody) daughter a copy of your material
 costs etc. to show that you ain,t screwing her Mum and Dad over.

[Sir Tigger KC]

Can you show their (bloody) daughter a copy of your material
 costs etc. to show that you ain,t screwing her Mum and Dad over.

The bloody daughter lives in some ghastly place like Readingham or Wokingstoke and probably thinks I'm a carrot crunching yokel with straw coming out of my ears!    

It's always fun when people from the home counties come down yer and think we're all a bit simple. 

[ronnyd]

Can you show their (bloody) daughter a copy of your material
 costs etc. to show that you ain,t screwing her Mum and Dad over.

The bloody daughter lives in some ghastly place like Readingham or Wokingstoke and probably thinks I'm a carrot crunching yokel with straw coming out of my ears!    

It's always fun when people from the home counties come down yer and think we're all a bit simple. 

Try living in Suffolk.

[Kevin Wood]

I fully appreciate why you are taking the job on, but remember, once having done so, you will now own the fence.

Very good point. 

One you have repaired it once, you will have lost the ability to argue otherwise.

[Sir Tigger KC]

If I assume ownership of the fence, then I guess I also assume ownership of the retaining wall it sits on. 

I don't think that that is an issue as I can't see that going anywhere, but you never know.