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Thread: Putting a charge on a house

  1. #1
    Regular Member chewy71's Avatar
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    Default Putting a charge on a house

    Probably one for m8internet this one!!...

    We have a boundary fence which is dual ownership with out neighbour. The condition of the fence was that without the 'extra' support (props etc) this fence was to fall down. At over 15 years old and all timber it had not done bad to be fair.

    Our neighbour has 2 cats and a dog and we needed to get this renewed to be able to finish our garden.

    We obtained a few prices to have the fence renewed and discussed with our neighbour to having this done. We wanted it doing asap quite clearly and offered to pay for the full bill suggesting giving her 2 to 3 months to pay over to which she agreed and seemed very happy.

    We are now 4 months on without even a fiver back from her and she doesnt know when she can pay us after asking last week. What REALLY gets my t!ts is that since we paid for the fence, she has booked and enjoyed a last minute holiday abroad, bough a new chiwawa dog, a new bed and a new dishwasher!!

    It also transpires she is selling the house now. Is it possible for me to place a charge on her house for the sum owed?

  2. #2
    Regular Member ben_3.0v6's Avatar
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    I'm going to speak out on this one and say without a written, signed contract I don't think you have a leg to stand on here mate.

  3. #3
    Regular Member chewy71's Avatar
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    Thats my thoughts too my friend... just wondering what the rights etc are.

  4. #4
    spoons
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    I had this challenge recently, but slightly different.

    I have a fence which runs down the left had side of my garden between two walls. However it continues into my neighbours garden at the bottom.

    So to renew the fence means she has to pay her third (two thirds of the run are on my property). So I went round, told her the fence was all rotten and needs replacing, she agreed to pay her bit.

    Proceeded to get quotes in for the job, double confirmed with my neighbour (Verbal & Email confirmation) and it was all good to go. However, I thought this one out and made the builders quote me and my neighbour seperately, so if she backed out I could still continue to get my work done.

    2 days before the job started, guess what... she backed out!

    I continued with my work, paid up and it was all good. As the job was set up as two invoices, she didnt get her fence finished, so it stopped at my boundary.

    In your instance I'd just write it off as she doesnt care one way or the other about the fence. You got the benefit and just not worth the agro.

    However, if you do want your money back, go to the small claims court and put forward your case. You may get the judge to put an order on the sale of the property to get your money back

  5. #5
    spoons
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    Quote Originally Posted by ben_3.0v6 View Post
    I'm going to speak out on this one and say without a written, signed contract I don't think you have a leg to stand on here mate.
    He does have a written signed contract. Its called the Land Register (Title Register & Title Plan)

    If the boarder is shared then the costs are jointly responsible. He has verbal contract with his neighbour as they both agreed to it. Its for her to then prove otherwise.

    Either way, he has a disputed claim for the small claims court to decide

    Oh... and it will be pretty difficult to sell a house with a neighbour dispute registered at court. Tell her that as well and put a sign in your garden for viewers to see
    Last edited by spoons; 3rd September 2012 at 09:20.

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    Regular Member keith1983's Avatar
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    Default

    I can only agree with what Spoons has already said. You could also speak to her and get something drawn up that she will pay you when the house is sold. If you do this make sure you get an address for her going forward or even better the address of her parents or something so you don't lose trace of her once it is sold. Other than that a flaming bag of dog poo on her door step might make you feel better!

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    A slightly different perspective: When you realised the fence needed replacing, it would have been a good investment of your time to learn how to put up a fence yourself, thus incurring much lower costs, therefore being out of pocket for less money now that the neighbour doesn't want to pay, and (here's the best bit) you've learnt a useful skill you can deploy for all your other fencing requirements. I did just that with a fence between myself and my neighbour - the previous neighbour (a builder) kept making promises that he'd get someone to replace a fence that borders my drive and his garden but is his sole repsonsibility, then he sold up without doing anything about it. The new neighbour moved in and I saw him checking out the wobbly fence and spoke to him about it, he said he'd get someone in to fix it and instead I suggested we do it ourselves jointly. Neither of us had done it before, but we made a good job of it and this year I helped an elderly neighbour who live two houses away with his fence, using my new-found skills. Think about it, the next time you read a thread on here about someone taking their car to a a garage for an oil change and they're complaining they got ripped off, you'll think to yourself "you should have learnt how to do it yourself so you couldn't get ripped off, and you could use that skill time and time again".

    Obviously this doesn't suit everyone - the disabled, infirm, etc etc, but it suits most people.

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    Regular Member Das's Avatar
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    Default

    CAB would be my first port of call, unless you have a solicitor who wont charge you £200 just for half an hours advice.
    When I moved into my house the boundary fence was completely gone, 10m stretch, so I just took it on myself to replace the lot as the house next door was a council house and I didn't want to wait months while the council decided what to do and how to share the costs. Once I was finished the neighbour asked me how much it had cost, the following day he knocked the door and gave me half of the cost which was a pretty good gesture considering he didn't have too.

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    Regular Member chewy71's Avatar
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    Default

    We actually did both sides, one who runs her own business claims to have no money now and the others turned up in 24 hours with an envelope of cash. I think I'll give her to the end of this month and then lodge small claims as per Spoons comments.

  10. #10
    Regular Member chewy71's Avatar
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    Well, waited over 4 months now and contacted CAB. Explained what we have.
    1. Verbal discussion of costs, our gesture to pay up front and offer 3 months to pay her liability
    2. Received no payment at all
    3. Requested some payment on the fence and neighbour now advises no money and no idea when payment could be made

    CAB stated she is in breach of contract and to write confirming the points and offer 28 days to pay prior to legal proceedings.

    She received yesterday and obviously hit the roof, now saying never agreed to anything and basically changed her statements of what she said to both me and my partner and will 'see us in court'

    See what CAB have to say on this,... any comments welcome.......

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