Legality of fencing ...

Jdubb

my neighbour's fence recently blew down and with the warm weather she has remodelled her garden but it seems she is not intending to erect a new fence between us. I tried asking her but she has ignored me and I think she enjoys the light and feeling of "largeness" that the lack of fence affords her (we are end of terrace and her garden is very small). Also from a security aspect there is no fence the other side of her property so we are open to "visitors" from two houses along. I was thinking about erecting a fence myself just a bamboo thing for the privacy but even that requires posts and I'm reluctant to go to the expense unless I really have to. Anyone know if I am entitled legally to get her to erect a fence? Many thanks.

albalad

Jdubb wrote: »

. Anyone know if I am entitled legally to get her to erect a fence? Many thanks.

would doubt it ,
Do you know for certain that it is "her" fence .

For peace and harmony i would erect my own fence ....... at least to stop the visitors from seeing in

Ms_Chocaholic

On the security situation, I believe that houses, whose gardens can be easily seen in by others, are less likely to be burgled. In enclosed gardens with high fences the burglars can work unseen.

diesel9181

correct me if im wrong (i probably am!) but does each person not own the fence to their left (if they are standing in their back garden not looking at their house)? would your neighbour go halfs with you on the cost? or just build one with the ugly posts on their side!

Becles

diesel9181 wrote: »

correct me if im wrong (i probably am!) but does each person not own the fence to their left (if they are standing in their back garden not looking at their house)?

That's a common thought, but it's not true!

You need to look at your house deeds to see if it states anything about fence ownership to find out who is responsible for fences.

If, like mine, fences are not mentioned, I would ask if she is going to replace the fence so you know for certain. If she says no, you could ask if she is willing to split the cost.

If not, it would be easiest just to replace it yourself as it's you who wants the privacy etc.

HugoSP

Assuming it was her fence then it should have been erected on her side of the boundary.

The boundary is the dividing line between your garden and hers. The deeds usually show the approximate postion and shape of this line.

She has no legal duty to re erect her fence and you have a right to erect a fence on your side of the boundary. She could then erect a fence on her side of the boundary, leading to two fences that run alongside each other and are touching!

In your situation I would ask her again if she wants to erect a fence, and try to establish her reasons for not doing so.

If she simply does not want a fence there then you can still erect one your side of the boundary, which would normally be next to but not on top of the line that her fence took, assuming you both agree where the boundary is. There is nothing she can do legally to stop you doing this, provided the fence is a max of 2m above ground level.