Boundary Fencing Law

suzielou2010

Hi there

Please help! Our neighbours had not spoken to us since we moved in. They finally said 'Hello' to my husband in order to make a complaint that they were 'not happy' I'd put up some pots of ivy on their fence.

Reason behind this is they have a blooming great conservatory overlooking our garden and a low fence with a trellis top which provides no privacy to our dining room, kitchen or garden from prying eyes. The ivy looked so lovely, and would have provided a really nice natural screening - and as it was in individual small pots, it wasn't going to get wildly out of control in growth...by hey :mad:

Now - I did not damage the fence (used clear cable ties) but their arguement was they wouldn't be able to paint their side...so we've taken it down to keep the peace and be good law abiding people, but I still want my privacy!

Does anyone know where the law stands on us attaching some screening to the same height as the other fence they have? Are we in law considered damaging their property if we attach the bamboo/other to the fence or is the fact it's on our side mean we can do this?

Failing this we're looking at erecting another fence (not a great option as we're not flush with tons of space) or growing something (again - space bit of an option - so the screening would be ideal).

Any helpers with information to share?!?

Thank you
:j

withabix

This is a good reference:

http://www.gardenlaw.co.uk/boundaries.html

You need to look on your deeds to see who is responsible for that fence to start with, irrespective of whether your neighbours put the fence up or not.

If the plan in your deeds has the 'T' symbols on your side, it's your fence and they can rack off (and remove anything they have got fixed to it or growing on it!!)

If there are no 'T' shapes, it is a shared fence and they can still rack off.

If there is a 'T' on both sides, they can probably still rack off, although you should ensure that nothing you fix to the fence grows through it.

If the 'T' shapes are on their side, they are responsible for the fence and you shouldn't fix anything to it. They are responsible for maintaining your side of the fence as well though!!

suzielou2010

Ohhhh how I would dearly love to tell them where to poke it...! Thank you so much for your helpful reply - and your lovely phrasing - you have made me laugh!

You're a star - I'll check the deeds this eve and hopefully will be able allow them to enjoy a more obscured view by the weekend! (such a shame I won't have to look at their hideous conservatory any more).

If those T's are facing the wrong way, more fencing or trees will have to come and they'll be BEGGING for that ivy back!

:T

withabix

I forgot to add: It is possible that the fence is wholly within their land (although it sounds unlikely) ie they have erected it (say) 6 inches insude theur boundary. Very unlikely from what you describe however.

If it is within their land, you can't fix anything to it.

Be careful about putting any fence or screen up that is too high. 6ft 6" is the maximum on your garden boundary.

suzielou2010

Thanks for that - I'll check that too - though I'm more suspicious their fence is in our garden as their walkway gets subtley larger to their favour along the side of thier house into our garden - and the final post at the end of the garden is a good few inches out on our side...

So in short, not allowed to fix anything to (thier - if it is) fence unless they OK it...fair enough...we can work with that!

Thank you again

suzielou2010

Ooo, just looked and they have larch lap fencing as mentioned in that resource you posted, where the fence slats rest in sort of posts like brackets - and it says the whole post should be on their land...this could get interesting!

WestonDave

I think this is a sensible point at which to comment that boundary disputes are not something to start or escalate lightly - I know firms of solicitors that won't take them on because inevitably no-one ends up happy with the result and it costs a fortune to even attempt to sort it out. Secondly you have to live next to these people potentially for a long time - a good neighbour will keep a quiet eye on your property while you are away, lend you tools and help you with jobs you can't manage on your own. A neighbour who has the hump with you can make life difficult and unpleasant without crossing any legal boundaries - parties that are loud enough and frequent enough to be really annoying but not loud enough to cross the noise nuisance thresholds etc.

Finally if you have a dispute with your neighbour, when you come to sell the house you will have to disclose it, and thereby deter potential buyers.

By all means have a polite discussion about coming to an acceptable compromise but I would seriously advise against the tone of relish displayed in the last post!

ormus

a few yrs ago now, there was a lady who spent 100k on legal fees re a neighbour & a privet hedge!
nuts.

suzielou2010

Good points well made - I have no desire at all to get into a scene with the neighbours - it hasn't got nasty and I'd much rather keep it pleasant (which is why I asked this question - no point aggrovating and it being illegal to boot) - I just want to have a bit of privacy at the back of the house as my little one will be using a paddling pool etc in the summer and I certainly do not want us to continue to be their viewing entertainment.

I'd rather not have to put up another fence - as I fear it will seem like we're making a big point - which I really don't want to have to make.

Maybe the most sensible thing is to bite the bullet and ASK if I can put a screen up on our side of their fence - if they say no, fair play, we'll have to go for our own fence and double it up.

Thanks again for all words of wisdom :A

joeblack066

My neighbours haven't spoken to me since I moved in 2 years ago.... the previous owners had put up a rickety fence, and the neighbours didn't like it........I made it safe but just haven't been able to replace it, and they totally ignore me now!! I tried taking them a Christmas card but even that didn't work! I've given up on them now!

gratefulforhelp_2

WestonDave wrote: »

I think this is a sensible point at which to comment that boundary disputes are not something to start or escalate lightly - By all means have a polite discussion about coming to an acceptable compromise but I would seriously advise against the tone of relish displayed in the last post!

These are wise words indeed. My parents' neighbours thought they would start a dispute over a hedge my Dad has been maintaining for years. While he cut it, it was theirs. When 'er nextdoors decided her garden wasn't big enough, it was theirs and they were going to rip it out. Letters ensued, at great cost to them (fortunately DH is a solicitor, so free for our side) and eventually an arbitrating surveyor was also involved. It turned out they actually owed my parents land, including the hedge, though the parents graciously and forgivingly said they were contant with the status quo. It cost the pillocks next door a good thousand quid though, and a lot of face.
There is nothing to stop you putting up a fence of the maximum size right next to the existing one (providing it is on your land) and growing stuff up that, in fact big fences are the recommendation of "neighbours from hell" websites, so it will cost you, but may be worth it in the long run.