Our plan is to put up a fairly substantial boundary fence, but our neighbour is a dear old lady in her eighties and not terribly well. When we raise the matter of sharing the cost, she says she’ll talk to her family, but never gets back to us. We don’t want to cause her unnecessary worry, but feel she should pay her half of the costs. What should we do?
Assuming the current fence needs replacing, I would serve her a “fencing notice” (you can download one off the internet to fill out). This gives her and her family all the details of the fence you are proposing, its dimensions, cost, and who’s going to do the work.
She then has something tangible to read, show her family, and get back to you about. Take the matter over and ask for the name, address and phone number of a family member you can send a copy to. Give it a couple of weeks for everyone to look at it and take it all in, then call up the family member and discuss the plans with them.
It is important you make it absolutely clear you intend to bill your neighbour half the cost – as you have every right to do. Hopefully, the neighbour and her family will gather from the fencing notice that you are serious and there are implications for them. If there is still no response after 21 days, you are legally entitled to build the fence and claim half the cost.
I would visit the neighbour and inform her of a start date, asking for a contribution towards costs. If that’s not forthcoming, you have a dilemma. Do you push ahead and bill her for half the cost when it’s finished? And if she still doesn’t pay, do you take her to the Disputes Tribunal?
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