Advice regarding a fence please :)

jakes-mum

Hoping im in the right forum!

This may be a bit long so I apologise in advance, basically we own all three of the fences in our back garden according to our deeds, the one on the left is only 3ft high and due to various reasons (the main one being they have a dog that has managed to jump over) we want to remove it and erect a 6ft one in its place.

Do we have to have our neighbours permission to:

1 - Change the fence
2 - come onto her land to erect it (its housing association and for some reason my DH thinks we have a clause in our deeds stating we have access rights to maintain the fence)

and if we do need permission and she declines would we be likely to win a court order as it is to keep her dog out of our garden?

Im not sure if it makes any difference but our house is mortgaged not HA. I want to get this done as soon as possible bth as it will solve quite a few issues

Lastly is there anything else I need to know i.e like permission from council etc before I get someone in. Ive never had to replace a fence before so im a bit at sea as to what to do

Thank you in advance for any help

Yorkie1

I think this would be better in the house buying board, which has more property law specialists in it than this one, which is more about DIY and professional work.

If you PM a board guide they should be able to move it for you. Alternatively re-post there, saying you were directed there from here.

Taadaa

If you own the fence and are responsible for maintaining it, then the neighbour cannot stop you from changing it. Unless there is something in your deeds about the type of fence you can erect eg must be on a like for like basis or of a certain quality/type. In which case, you cannot change a three foot fence for a six foot one.

Regarding access, I imagine this will need to be by mutual consent in order to prevent an argument. If she does not agree, contact the HA as the landowner and get their permission, however you will still need to agree a convenient time with her as she has the right to privacy and enjoyment of the property as the tenant.

On a separate note, how likely is is that a six foot fence will keep the dog out? If a dog wants out, it will find a way. It might decide to dig under the fence if it can't get over it. You might be better off tackling the dog as an issue with her and the HA rather than replacing the fence. You never know, she may not actually be allowed to keep pets on the property, or pets that cause a nuisance to others. Be prepared for a falling out if you take that route though, and such things need to be reported when you come to sell the house.

jakes-mum

Thank you yorkie I will repost in the housing section

Taadaa, as far as I remember there is nothing in the deeds about the height of fence, its a bit of a funny fence as its 6ft at one end then slopes down to a 3ft fence, the previous owners put it in.
The dogs only a small one and our garden in completely slabbed so there is nothing for the dog to be able to tunnel under the fence
We are reasonably amicable with the exception of a couple of small tiffs so I dont think she would say no, but you just never know what people will do with regards to their property so just wanted to cover all my bases before I start

Thank you for your replies

cootuk

We put in a slightly lower fence at one end for visibility across the back gardens to deter thieves.
If the fence is in good condition, you could see if a trellis would fit on top to save replacing the whole lot.

robatwork

I can't answer your question but I can tell you http://www.gardenlaw.co.uk/ seems to be the de facto place for advice on all matters pertaining to boundaries etc.

keystone

As taadaa said but its easy to replace your fence without going onto your neighbours land.

A T on the plan doesn't mean you are responsible for the fence it means you are responsible for the boundary which can be as simple as an imaginary line drawn in the soil unless the deeds specificfally state that your are responsbile for fencing the bondary. Any existing fence that is on your side of the boundary is yours. Any new fence that you erect should be wholly on your property and not straddling the boundary which is where arguments arise. Either side of the boundary are at liberty to install their own fence back to back with the boundary in between.

If your previous owner put it in then theres a fair chance that the fence IS yours so you can knock it down and replace it as you wish. The alternative is just erect a new one inside the existing one

There is a 2 metre height restriction apart from where teh fence adjoins a highway when it is one meter. Above those heights then you have to apply for planning permission.

You'll get the same information from gardenlaw.

Control of the dog is entirely (thats 100%) the responsibility of its owner. The same is not true of domestic animals such as cats nor wild animals such as foxes.

If you leave the fence as it is and next doors dog keeps coming into your garden then you have redress under the law without spending money on a new fence.

Cheers