Not simply because it is their fence. A repair obligation needs a legal basis. The deed wording, an agreement and the nature of the structure may change the answer.
Start with the obligation, not the preferred appearance
A fence that looks untidy or gives less privacy is not necessarily a breach of duty. Check whether the deeds require a particular boundary to be fenced or maintained. If there is a covenant, a solicitor can advise whether it is enforceable by you against the current owner; the presence of a clause is not the end of that analysis.
Does my neighbour have to pay half?
There is no automatic rule that neighbours must divide the bill equally. Agree a contribution before commissioning work. If one person has already ordered a replacement, the fact that both gardens benefit from it does not alone establish an obligation to reimburse half the cost.
Treat walls and safety concerns separately
A retaining wall supporting land, a dangerous structure or a party fence wall can raise different duties and procedures. Do not treat a leaning masonry wall as an ordinary cosmetic fence issue. Get the appropriate structural or statutory advice and keep people away from an immediate danger.
A useful way to approach the conversation
- Photograph the condition and describe the actual problem.
- Locate any repair wording or previous agreement.
- Suggest options and obtain a quote before committing either party.
- Record who will own the replacement, its position, access and payment.
If you prefer independent screening on your own land, first check the boundary, height restrictions and any covenants. Keep it independent of a neighbour’s structure unless they agree otherwise.
Need help with the boundary evidence?
Send the property addresses, the disputed section and the key documents. We can confirm whether preliminary evaluation or a fuller investigation is appropriate.
Discuss the boundary → · View fees + VAT →Adapted from Coburns’ boundary Knowledge Base for this site, with updated explanations and related guidance.
