Garden Fence Issues

Hi
I want to put up a new fence - I've been told it is my responsibility.

Initially, I only wanted to errect a 5ft fence as the boundary line which supports my next door neighbours is raised by 18inches. When I mentioned this to my next door neighbour he started complaining saying he wanted a 6ft fence. A bit cheeky considering he's not contributing. From my garden level, putting up a 6 ft fence is actually 7.5 ft becuase of the 1.5ft of concrete base.

I didn't want to risk putting up a 5ft, then him adding trelis or something to make it higher, so I have chosen a 6ft fence. My neighbour is now asking to see pictures of it, wants to know which company I am going to employ to errect it. Wants to know the dates it's going to be done. He also said he would add trelis to it. I told him he can't because it is the maximum height and that the fence actually belongs to me. And now, to top it all, he's just knocked on my door tonight at 9.30pm asking for a 'meeting' at the weekend as his wife has issues over the proposed fence.

Can anyone tell me where I stand?

Surely, he doesn't have the right to add even more height to the 6ft fence when I am forking out a fortune for this. I really want to tell the guy and his wife to get lost, but I've lived here for 15 years peacefully and I don't like falling out with people.

Many thanks
Terri
«13

Comments

  • officeguru
    officeguru Posts: 725 Forumite
    Part of the Furniture Combo Breaker
    edited 26 May 2011 at 10:18PM
    People don't like change, but if we were to please everyone nothing would get done... I believe you are allowed to put up a fence as long as it fulfills the town/planning (I can't remember what it is called). Why not give CAB a call just to find out where you stand legally.... Is it possible that you can put up the fence on your property? Then he can't touch the fence .. ie put up trellis... Why not find out where you stand legally and then have a meeting with him... and suggest that if he wants input, why doesn't he contribute half the cost.. Then there will be no problem when it comes to maintaining it ... he can do his side and you do yours... I don't think trellis is classed as part of the fence, as trellis is looked upon as 'temporary'... but then someone else on the forum might know that for sure...

    We have had many boundary issues over the years and, thankfully, they have been peacefully resolved...

    Even though we have a total numpty living next door... His property has been like a building site for 3 years and he manages to use his stihl saw at least once a day... one day, I'll strangle him with the lead...
    Cheers
  • Terrysdelight
    Terrysdelight Posts: 1,202 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    You'd think the neighbours would welcome a new fence - the old one is an absoloute total eyesaw!!

    Will check out the legals.
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    Firstly, there is no legal requiement for you to erect a fence or for him to expect that you erect one.

    Secondly if you are paying for it, its entirely up to you what fence you put up - larchlap, close board, piquet, chain link, ranch style etc. He has no right whatsoever to dictate what type of fence you put up.

    Thirdly, he can't put trellis on top of your fence - that would constitute criminal damage and you have the right to have him arrested.

    So ignore his requests for a meeting. You don't have to give him details of the fence of who is putting it up. And tell him where to insert his trellis.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If the boundary is yours to maintain and you pay for the fence, it is completely under your control. You decide what panels to use, you decide the height (you're usually allowed a maximum of 2m from your ground level), you decide what colour to paint it, you decide everything about it.

    It is neighbourly to let the neighbours know when the work is going to be done in case they want to move anything from their side of the fence.

    They must not - unless you give them permission - paint it, attach anything to it - whether trellis, plant pots or washing lines, pile things against it that would damage it, or grow plants up it.

    If the neighbour wants some trellis, he will have to put up his own poles to support it.

    The 2m rule is the total height. You cannot have a 2m fence and then add trellis to the top of it.
  • mrbadexample
    mrbadexample Posts: 10,805 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Photogenic
    Have you checked the land registry plans to make certain it's your border? It might be shared, making him liable for half the cost.
    I didn't want to risk putting up a 5ft, then him adding trellis or something to make it higher, so I have chosen a 6ft fence.
    He also said he would add trellis to it.

    If it's your responsibility, put up the 5' fence you want, and let him add the trellis at his own expense. ;)
    If you lend someone a tenner and never see them again, it was probably worth it.
  • Terrysdelight
    Terrysdelight Posts: 1,202 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    phill99 wrote: »
    Firstly, there is no legal requiement for you to erect a fence or for him to expect that you erect one.

    Secondly if you are paying for it, its entirely up to you what fence you put up - larchlap, close board, piquet, chain link, ranch style etc. He has no right whatsoever to dictate what type of fence you put up.

    Thirdly, he can't put trellis on top of your fence - that would constitute criminal damage and you have the right to have him arrested.

    So ignore his requests for a meeting. You don't have to give him details of the fence of who is putting it up. And tell him where to insert his trellis.

    Thank you, Thank you, Thank you :j
  • Terrysdelight
    Terrysdelight Posts: 1,202 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Have you checked the land registry plans to make certain it's your border? It might be shared, making him liable for half the cost.





    If it's your responsibility, put up the 5' fence you want, and let him add the trellis at his own expense. ;)

    The only reason I've now decided that I will have a 6ft fence is because it is arched/curved in shape, so it makes me feel happier that it isn't a solid 6 foot fence. I do really like the fence and unfortunately, they only do it in two sizes 6ft and 4ft.

    I definitely don't want him adding anything to it and I now understand that if I own the fence then he can't do anything to it without my permission. :)
  • cootambear
    cootambear Posts: 1,474 Forumite
    1,000 Posts Combo Breaker
    Hi
    I want to put up a new fence - I've been told it is my responsibility.

    Initially, I only wanted to errect a 5ft fence as the boundary line which supports my next door neighbours is raised by 18inches. When I mentioned this to my next door neighbour he started complaining saying he wanted a 6ft fence. A bit cheeky considering he's not contributing. From my garden level, putting up a 6 ft fence is actually 7.5 ft becuase of the 1.5ft of concrete base.

    I didn't want to risk putting up a 5ft, then him adding trelis or something to make it higher, so I have chosen a 6ft fence. My neighbour is now asking to see pictures of it, wants to know which company I am going to employ to errect it. Wants to know the dates it's going to be done. He also said he would add trelis to it. I told him he can't because it is the maximum height and that the fence actually belongs to me. And now, to top it all, he's just knocked on my door tonight at 9.30pm asking for a 'meeting' at the weekend as his wife has issues over the proposed fence.

    Can anyone tell me where I stand?

    Surely, he doesn't have the right to add even more height to the 6ft fence when I am forking out a fortune for this. I really want to tell the guy and his wife to get lost, but I've lived here for 15 years peacefully and I don't like falling out with people.

    Many thanks
    Terri

    sounds like he`s a !!!!!!
    Freedom is the freedom to say that 2+2 = 4 (George Orwell, 1984).

    (I desire) ‘a great production that will supply all, and more than all the people can consume’,

    (Sylvia Pankhurst).
  • cootambear
    cootambear Posts: 1,474 Forumite
    1,000 Posts Combo Breaker
    to add
    some `neighbours` like to tell you what you can and cannot do, without any lawful basis.,
    Freedom is the freedom to say that 2+2 = 4 (George Orwell, 1984).

    (I desire) ‘a great production that will supply all, and more than all the people can consume’,

    (Sylvia Pankhurst).
  • budgetdiyer
    budgetdiyer Posts: 263 Forumite
    One tactic to sort your neighbour without controntation might be to tell him your putting up the fence you want (and you do not expect him to attach anything to it as its your fence) but if he wants to share the cost 50 / 50 with you you'll happily settle on a style of fence you both agree on.

    I bet you won't hear another thing from them....
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