If your neighbour owns the fence and it is on their property, then they can take away the wall.
If your not happy with this decision then you are more than welcome to erect your fence on your boundary.
It’s a simple process and you can build a fence 2-meter high fence, don’t think that you cannot erect your fence to replace your neighbour’s fence because you can.
Top tip: if the fence/wall is on the left of your property looking out the BACK DOOR, then you own it. If the fence is on the right and not on/in your property line, then your neighbours hold responsibility.
This information will also be on your deeds. If the property is rented or council-owned enquire with them if your neighbour has removed or removing the fence and not replacing it.
The Wezaggle Team
Discuss With Your Neighbour
The best way to tackle this is to talk with your neighbour about their plans to replace the fence.
If the wall in need of repair, we are forever replacing brick walls because they have become old and dangerous.
This might be the issue, and you should talk with your neighbour before erecting your fence because there might be two fences in the end.
- Voice your concerns with your neighbour
- Ask them if they are replacing the boundary wall
- Is there a reason they are not replacing their fence
- If all else fails, build your own fence
Conclusion
Having a fence between neighbours can be a must, especially if you have children and pets playing in your garden.
But also privacy is right even if your neighbours are friends or family members.
Discussing with your neighbour should be your next step if they are taking down the fence between your gardens.
so is the wall to my left coming into my property mine as it is on my deeds as being mine but my neighbour has put a lot of plants up the wall and has put nails and screws in to hold up all the large plants
Hey Carol,
Yes, that wall is yours, both sides. If they did not ask for permission then you have the right to ask them to be removed! Failing that contact your council and they will advise further!
A loophole for this would be if these were fixed prior to you purchasing the property!
Thank you for commenting
That is inaccurate
If it is a wall on the boundary of properties then it would be covered as a party wall and they can make cosmetic changes to their side without permission.
so is the wall to my left coming into my property mine as it is on my deeds as being mine but my neighbour has put a lot of plants up the wall and has put nails and screws in to hold up all the large plants
Hey Carol,
Yes, that wall is yours, both sides. If they did not ask for permission then you have the right to ask them to be removed! Failing that contact your council and they will advise further!
A loophole for this would be if these were fixed prior to you purchasing the property!
Thank you for commenting
That is inaccurate
If it is a wall on the boundary of properties then it would be covered as a party wall and they can make cosmetic changes to their side without permission.
Our neighbours have recently erected a 6.5 ft fence between our properties we are both paying council tenants. The problem is it has left us with a 4 Ft fence on our side with a gap a foot in between the new fence and the old fence which having 5 small children age 1-11 is causing a dangerous problem for our children as they drop toys etc in between of they and can now climb on the top of our fence because of the one behind but obviously there’s a foot gap inbetween our 3 year old has already fallen down this and hurt himself. We want to take our fence down now which would solve the foot gap problem but our neighbours who have no children can’t and don’t want to understand this ,,their answer is keep them away from the fence and learn them not to climb. It’s a big back garden and they didn’t ask us if it was ok to put it out in the first place. Can we take it down?
Hey Kay,
You can remove the fence between your properties, there is no law to have a fence! But, I would confirm with the council beforehand. You should write a letter to the council explaining your situation and why the gap has become an issue for you and your family. It sounds like you will gain a few feet of the garden if they have erected a fence. I hope this issue is resolved quickly for you and your family.
Our neighbours have recently erected a 6.5 ft fence between our properties we are both paying council tenants. The problem is it has left us with a 4 Ft fence on our side with a gap a foot in between the new fence and the old fence which having 5 small children age 1-11 is causing a dangerous problem for our children as they drop toys etc in between of they and can now climb on the top of our fence because of the one behind but obviously there’s a foot gap inbetween our 3 year old has already fallen down this and hurt himself. We want to take our fence down now which would solve the foot gap problem but our neighbours who have no children can’t and don’t want to understand this ,,their answer is keep them away from the fence and learn them not to climb. It’s a big back garden and they didn’t ask us if it was ok to put it out in the first place. Can we take it down?
Hey Kay,
You can remove the fence between your properties, there is no law to have a fence! But, I would confirm with the council beforehand. You should write a letter to the council explaining your situation and why the gap has become an issue for you and your family. It sounds like you will gain a few feet of the garden if they have erected a fence. I hope this issue is resolved quickly for you and your family.
My neighbour has been complaining for a while about the fence that he believed was my responsibility and was damaged by wind prior to lockdown. I put a repair request into the council but it turns out that the fence actually belongs to the neighbours so the council won’t repair it. I informed my neighbour of this and since then he has been off with me. This morning I discovered them taking down the entire fence which now has left my back garden completely insecure, I have 3 children who play in the garden and patio furniture that now obviously is accessible to anyone. In view of the fact that I now have a garden gate that is now not attached to a fence, should my neighbour have given me some notice of their intention to remove the fence completely before leaving me with a garden exposed to thief’s and unsecured for my children.
Hey Heidi, It sounds like part of the fence around your garden was yours. Maybe the council got it wrong, I would ring hem and explain what has happened. You need a fence around your garden especially containing your garden from a public walkway or highway. I hope this gets sorted quickly for you!
My neighbour has been complaining for a while about the fence that he believed was my responsibility and was damaged by wind prior to lockdown. I put a repair request into the council but it turns out that the fence actually belongs to the neighbours so the council won’t repair it. I informed my neighbour of this and since then he has been off with me. This morning I discovered them taking down the entire fence which now has left my back garden completely insecure, I have 3 children who play in the garden and patio furniture that now obviously is accessible to anyone. In view of the fact that I now have a garden gate that is now not attached to a fence, should my neighbour have given me some notice of their intention to remove the fence completely before leaving me with a garden exposed to thief’s and unsecured for my children.
Hey Heidi, It sounds like part of the fence around your garden was yours. Maybe the council got it wrong, I would ring hem and explain what has happened. You need a fence around your garden especially containing your garden from a public walkway or highway. I hope this gets sorted quickly for you!
Neighbour has torn down back fence between our gardens….but has ripped down and damaged my Wisteria plant that was along the fence and damaged my garden. They did not ask permission or even make me aware that they planed to do so – or give me an opportunity to remove it. What can I do?
Hey M.Power,
If the fence was your neighbour’s property or built on their boundary line then they can remove the fence. If they have damage your Wisteria plant then you can make a claim for compensation in the small courts. But it sounds like your plant was attached to their fence!
It’s a shame your neighbours did not tell you about the removal of the fence. Sounds like your neighbours do as they please! You can build another fence on your boundary and they would not be allowed to fix anything to it because it’s your property!
Hope this helps!
Neighbour has torn down back fence between our gardens….but has ripped down and damaged my Wisteria plant that was along the fence and damaged my garden. They did not ask permission or even make me aware that they planed to do so – or give me an opportunity to remove it. What can I do?
Hey M.Power,
If the fence was your neighbour’s property or built on their boundary line then they can remove the fence. If they have damage your Wisteria plant then you can make a claim for compensation in the small courts. But it sounds like your plant was attached to their fence!
It’s a shame your neighbours did not tell you about the removal of the fence. Sounds like your neighbours do as they please! You can build another fence on your boundary and they would not be allowed to fix anything to it because it’s your property!
Hope this helps!
I moved into a detached bungalow 10 years ago, and between me and my neighbour was a conifer hedge. According to deeds this shows as his responsibility and I assumed it to be the boundary hedge between us. Recently neighbour told me he was putting up a fence on his boundary that will fall behind the hedge . My neighbour has now told me after 10 years of living here that over 20 years ago there was a fence that the builders put up, which was in a poor state, the person who previously owned my bungalow offered to plant a hedge at his own expense rather than have a fence back up, and my neighbour allowed him to do so. I am now told this hedge is on my land, and does not form part of the neighbours boundary. Surely when permission was given for the neighbour to plant a hedge as a replacement, some 6 inches onto his own land, the boundary did not change. Neighbour now wants me to pay for the removal of the hedge and roots, claiming it is not his boundary, as the hedge was erected 6 inches behind his boundary ?
Hi Waverley,
It sounds like your neighbour is trying to pull a fast one with the fence and the hedge. I would suggest you hire a surveyor. It will be easy to separate the boundary lines. If your neighbour does not agree then a court date might be needed. Good luck
I moved into a detached bungalow 10 years ago, and between me and my neighbour was a conifer hedge. According to deeds this shows as his responsibility and I assumed it to be the boundary hedge between us. Recently neighbour told me he was putting up a fence on his boundary that will fall behind the hedge . My neighbour has now told me after 10 years of living here that over 20 years ago there was a fence that the builders put up, which was in a poor state, the person who previously owned my bungalow offered to plant a hedge at his own expense rather than have a fence back up, and my neighbour allowed him to do so. I am now told this hedge is on my land, and does not form part of the neighbours boundary. Surely when permission was given for the neighbour to plant a hedge as a replacement, some 6 inches onto his own land, the boundary did not change. Neighbour now wants me to pay for the removal of the hedge and roots, claiming it is not his boundary, as the hedge was erected 6 inches behind his boundary ?
Hi Waverley,
It sounds like your neighbour is trying to pull a fast one with the fence and the hedge. I would suggest you hire a surveyor. It will be easy to separate the boundary lines. If your neighbour does not agree then a court date might be needed. Good luck
My fence on my left hand side needed replacing 10’yeara a go I paid and replaced this not realising it was my neighbours fence. They where very happy they didn’t pay for it!
Now it’s blown to pieces and needs replacing they have put up a new fence inside their garden leaving the old fence up between us, so we have two fences up now, the new one and the broken one. They are refusing to down the old fence down. Can I take this down?
Yes for two reasons, first is you paid for the fence and second the fence is prob within your boundary line. This means the fence is yours, just remove it for safety reasons ETC. Good luck
My fence on my left hand side needed replacing 10’yeara a go I paid and replaced this not realising it was my neighbours fence. They where very happy they didn’t pay for it!
Now it’s blown to pieces and needs replacing they have put up a new fence inside their garden leaving the old fence up between us, so we have two fences up now, the new one and the broken one. They are refusing to down the old fence down. Can I take this down?
Yes for two reasons, first is you paid for the fence and second the fence is prob within your boundary line. This means the fence is yours, just remove it for safety reasons ETC. Good luck
My neighbour has erected fences to the left of our garden without asking us. The fencing is unsightly and uneven and do.not match the existing fences in colour or height. Also in installing the fences the concrete posts have been damaged leaving lumps of concrete on my flowerbeds. This means that the fences are not secure and will easily be blown over in windy weather. The neighbour did not tell us about the damage to the posts. We tried to discuss this matter with the neighbour but she became aggressive, raising her voice and abusive. We have no idea how to proceed with this. Please advise what we can do.
Hey Hana,
Make sure you take pictures of this and contact a solicitor straight away. Sending a letter will hopefully make them rectify their criminal damage, you could also try ringing your local county council and ask them to investigate the illegal fence and damage caused to your concrete posts. It can be hard especially if your neighbour becomes aggressive and irresponsible ETC. There is a good chance this will go to court to get a removal order in place and compensation for the damage caused.
Good luck
My neighbour has erected fences to the left of our garden without asking us. The fencing is unsightly and uneven and do.not match the existing fences in colour or height. Also in installing the fences the concrete posts have been damaged leaving lumps of concrete on my flowerbeds. This means that the fences are not secure and will easily be blown over in windy weather. The neighbour did not tell us about the damage to the posts. We tried to discuss this matter with the neighbour but she became aggressive, raising her voice and abusive. We have no idea how to proceed with this. Please advise what we can do.
Hey Hana,
Make sure you take pictures of this and contact a solicitor straight away. Sending a letter will hopefully make them rectify their criminal damage, you could also try ringing your local county council and ask them to investigate the illegal fence and damage caused to your concrete posts. It can be hard especially if your neighbour becomes aggressive and irresponsible ETC. There is a good chance this will go to court to get a removal order in place and compensation for the damage caused.
Good luck
Hi we put a fence up in our back garden we put it inside the boundry lines and left the council concrete post in. The neighbours took out the council post and then moved a couple of years after. The new neighbours have moved in and have brought the house off the council they now want to take our fence down and put up a new one as they are going to sell the house in the future. We don’t want them to touch our fence we have photo proof as took photos as we was putting up the fence also its has been up for about 24 years and had no problems to now. Where do we stand on this and can we tell the neighbours not to touch our fence.
If the fence is in your boundary line then it is your fence, even more so if you purchased or erected yourselfs. I would advise you to tell your neighbours to hold off touching the fence. You could contact a solicitor or a boundary surveyor who will have a look at what is going on and will advise you more precisely. But I can tell you the fence is your if it is within your boundary line.
Hope this helps good luck
Hi we have had a phone call from the council tenency officer who deals with our area she has looked at next door neighbours and said when the council sold the house to them they sold the fence to them too. Can the council do this i have an appointment with a solicitor on tuesday.
Hi we put a fence up in our back garden we put it inside the boundry lines and left the council concrete post in. The neighbours took out the council post and then moved a couple of years after. The new neighbours have moved in and have brought the house off the council they now want to take our fence down and put up a new one as they are going to sell the house in the future. We don’t want them to touch our fence we have photo proof as took photos as we was putting up the fence also its has been up for about 24 years and had no problems to now. Where do we stand on this and can we tell the neighbours not to touch our fence.
If the fence is in your boundary line then it is your fence, even more so if you purchased or erected yourselfs. I would advise you to tell your neighbours to hold off touching the fence. You could contact a solicitor or a boundary surveyor who will have a look at what is going on and will advise you more precisely. But I can tell you the fence is your if it is within your boundary line.
Hope this helps good luck
Hi we have had a phone call from the council tenency officer who deals with our area she has looked at next door neighbours and said when the council sold the house to them they sold the fence to them too. Can the council do this i have an appointment with a solicitor on tuesday.
Hi I’ve an extension built on the back of my
House and have replaced all the old fencing
Which are both on my side of the boundary
My neighbours didn’t want me to replace the fence where my new wall is. We went with this as they are not very nice. Last week they drilled cables and security lights onto the wall and fence.he said this now makes up the boundary as we took down the fence !! Which we paid for and erected 16 years ago !! He said he can and will do what he wants. Any advice welcome thanks Jayne
Hey Jayne,
No, he is wrong! if it is sitting on your boundary and you paid for the fence then it is your fence, both back and front. He cannot drill or attach anything to your fence without your permission. You can get a removal order and he must remove and repair any damage. Keep any pictures etc for future reference and contact a solicitor first.
Hope this helps, good luck
Thank you 🙂
Hi I’ve an extension built on the back of my
House and have replaced all the old fencing
Which are both on my side of the boundary
My neighbours didn’t want me to replace the fence where my new wall is. We went with this as they are not very nice. Last week they drilled cables and security lights onto the wall and fence.he said this now makes up the boundary as we took down the fence !! Which we paid for and erected 16 years ago !! He said he can and will do what he wants. Any advice welcome thanks Jayne
Hey Jayne,
No, he is wrong! if it is sitting on your boundary and you paid for the fence then it is your fence, both back and front. He cannot drill or attach anything to your fence without your permission. You can get a removal order and he must remove and repair any damage. Keep any pictures etc for future reference and contact a solicitor first.
Hope this helps, good luck
Thank you 🙂
I’m a property developer and builder with 23 years experience.
The left hand side argument is an urban myth with no legal basis.
If the fence is built ‘within’ your side and not ‘on’ the boundary then it is yours.
If yours or your neighbours title deeds explicitly state who owns the fence then this gives legal ownership.
If yours or your neighbours title plan denotes ownership through the use of the ‘T’ and/or ‘H’ symbols then this gives legal ownership.
In you have a boundary agreement signed by both parties (past or present) then this legally denotes ownership.
In any other circumstance and where the fence sits on the boundary line, no matter who paid for it, then there is no legal claim to ownership, which is why if I put up a new fence I always communicate via email preferably or letter with the neighbour to inform them that I have set the new fence that I have paid for within the old boundary line (making sure that the old boundary line matches that on the title plan in the deeds).
Hey Steve,
Thanks for the example, yes a written statement or agreement can cause issues when it comes to ownership. As for the myth, I would disagree, especially when it comes to terraced houses. For larger houses with bigger gardens, boundary lines and fences come down to positioning etc. If the fence is within the boundary line and purchased by the homeowner then there is no dispute with the fence. But if the fence is sitting “ON” the boundary line then it could be classed as a shared fence.
I’m a property developer and builder with 23 years experience.
The left hand side argument is an urban myth with no legal basis.
If the fence is built ‘within’ your side and not ‘on’ the boundary then it is yours.
If yours or your neighbours title deeds explicitly state who owns the fence then this gives legal ownership.
If yours or your neighbours title plan denotes ownership through the use of the ‘T’ and/or ‘H’ symbols then this gives legal ownership.
In you have a boundary agreement signed by both parties (past or present) then this legally denotes ownership.
In any other circumstance and where the fence sits on the boundary line, no matter who paid for it, then there is no legal claim to ownership, which is why if I put up a new fence I always communicate via email preferably or letter with the neighbour to inform them that I have set the new fence that I have paid for within the old boundary line (making sure that the old boundary line matches that on the title plan in the deeds).
Hey Steve,
Thanks for the example, yes a written statement or agreement can cause issues when it comes to ownership. As for the myth, I would disagree, especially when it comes to terraced houses. For larger houses with bigger gardens, boundary lines and fences come down to positioning etc. If the fence is within the boundary line and purchased by the homeowner then there is no dispute with the fence. But if the fence is sitting “ON” the boundary line then it could be classed as a shared fence.
Hi, Our neighbour has taken down border posts and fences at the side of the property and paved over the land. There are posts and fences in place further up and
feel he should replace the posts and fences to maintain the border line between our properties as they were jointly owned. He refuses to do this.
What can I do to make him replace the posts and fences?
Hey Steven,
If the fence posts are in your neighbour’s boundary line then you cannot make him erect a fence. I would suggest you build your own fence within your boundary line. If the fence posts are yours and sitting within your boundary line he must replace what he has taken away!
Hi, Our neighbour has taken down border posts and fences at the side of the property and paved over the land. There are posts and fences in place further up and
feel he should replace the posts and fences to maintain the border line between our properties as they were jointly owned. He refuses to do this.
What can I do to make him replace the posts and fences?
Hey Steven,
If the fence posts are in your neighbour’s boundary line then you cannot make him erect a fence. I would suggest you build your own fence within your boundary line. If the fence posts are yours and sitting within your boundary line he must replace what he has taken away!
Hi I rent my house out and met my ew neighbours for the first time. The boundary fence belonging to me is old but standing. The neighbour endeavoured to press me to replace the fence as old. They also stated their dog may go through it and therefore I should replace the fence with a sturdier one. Can you advise the obligations on me in maintaining the fence. My understanding is if their dog damages the fence they should pay for repair. The fence is about 3.6 with a bit of trellis on the top. I do repair it from time to time
Hey Leigh,
It is a difficult one because I cannot see the state of the fence. If the dog is chewing his way through then as responsible dog owners they should replace it. But, if it’s in such a state that the slats are falling and the fence is rotten then it would be the fence owners responsibility to replace for safety reasons. But, yes if the dog has damaged the fence and it is obvious to see then take pictures and claim through their house insurance or take them to court for damages. Hope this helps Leigh and good luck.
Hi I rent my house out and met my ew neighbours for the first time. The boundary fence belonging to me is old but standing. The neighbour endeavoured to press me to replace the fence as old. They also stated their dog may go through it and therefore I should replace the fence with a sturdier one. Can you advise the obligations on me in maintaining the fence. My understanding is if their dog damages the fence they should pay for repair. The fence is about 3.6 with a bit of trellis on the top. I do repair it from time to time
Hey Leigh,
It is a difficult one because I cannot see the state of the fence. If the dog is chewing his way through then as responsible dog owners they should replace it. But, if it’s in such a state that the slats are falling and the fence is rotten then it would be the fence owners responsibility to replace for safety reasons. But, yes if the dog has damaged the fence and it is obvious to see then take pictures and claim through their house insurance or take them to court for damages. Hope this helps Leigh and good luck.
Hello,
I just need advice or guidance to that I can look further into this.
I’ve lived at my property for over 19 years and most recently my neighbours of 12 years was eager to want to repair the garden fencing which was partially damaged through bad weather. The debate currently on-going whereby he is claiming that the fence was originally erected incorrectly, my case is that prior to moving in the fencing has always been like that and that the posts and fencing should go back to their original location unless he can prove otherwise. I also advised that before he moved in, that his side of the garden had shrubs and I couldn’t have installed the posts further into his land. The fencing has been replaced once before whereby I used a builder to do the install, however this was over 14 years ago. The fencing is installed in his property as were the original ones which were replaced. Neighbour is insisting that regardless of where the fencing has been he wants to correctly align this up visually against the line of sight of where our kitchens meet in the middle.
In other words he is suggesting that we measure the insides of our kitchens from the windows to the joining wall. Then we go outside and measure the length of the measurements from the inside, whatever is remaining we split that to work out the middle of the boundary. (I’m thinking this is wrong)
I feel that he should be the one to investigate this and explore what he can, for which I am willing to wait and then make a decision. I bought the property and paid money to ensure that everything was correct before deciding to buy it then. When I bought the property nothing was flagged then in regards to my fencing being out. When he bought his property he didn’t flag anything to me then and only just recently starting.
Where do I stand which such as case ?
Hello,
I just need advice or guidance to that I can look further into this.
I’ve lived at my property for over 19 years and most recently my neighbours of 12 years was eager to want to repair the garden fencing which was partially damaged through bad weather. The debate currently on-going whereby he is claiming that the fence was originally erected incorrectly, my case is that prior to moving in the fencing has always been like that and that the posts and fencing should go back to their original location unless he can prove otherwise. I also advised that before he moved in, that his side of the garden had shrubs and I couldn’t have installed the posts further into his land. The fencing has been replaced once before whereby I used a builder to do the install, however this was over 14 years ago. The fencing is installed in his property as were the original ones which were replaced. Neighbour is insisting that regardless of where the fencing has been he wants to correctly align this up visually against the line of sight of where our kitchens meet in the middle.
In other words he is suggesting that we measure the insides of our kitchens from the windows to the joining wall. Then we go outside and measure the length of the measurements from the inside, whatever is remaining we split that to work out the middle of the boundary. (I’m thinking this is wrong)
I feel that he should be the one to investigate this and explore what he can, for which I am willing to wait and then make a decision. I bought the property and paid money to ensure that everything was correct before deciding to buy it then. When I bought the property nothing was flagged then in regards to my fencing being out. When he bought his property he didn’t flag anything to me then and only just recently starting.
Where do I stand which such as case ?
My neighbours fence posts are over the boundary and on my side. Deeds do show that the fence is their responsibility, but the posts should be in their garden surely.
I gave them a months notice in writing to relocate the posts in to their own garden but they have done nothing about it. This was 3 months ago.
Would I be within my right to relocate the posts myself? or is this classed as criminal damage, even if I can prove the posts are in my garden?
Thank you
Hey Bob,
Yes, the posts should be on their side of the boundary line and not over this very fine line. If this is the case and you can 100% prove that they are, then you own the posts! If it’s on your property then you can do as you want with the posts but you cannot start digging on their side of the boundary without permission.
Hope this helps
My neighbours fence posts are over the boundary and on my side. Deeds do show that the fence is their responsibility, but the posts should be in their garden surely.
I gave them a months notice in writing to relocate the posts in to their own garden but they have done nothing about it. This was 3 months ago.
Would I be within my right to relocate the posts myself? or is this classed as criminal damage, even if I can prove the posts are in my garden?
Thank you
Hey Bob,
Yes, the posts should be on their side of the boundary line and not over this very fine line. If this is the case and you can 100% prove that they are, then you own the posts! If it’s on your property then you can do as you want with the posts but you cannot start digging on their side of the boundary without permission.
Hope this helps
Hi, hope you can gi e me your take on this issue.
A house is divided into 2 flats. The back garden is owned by the ground floor flat and the first floor flat. The deeds clearly indicate a boundary down the middle of the garden and indicate ownership. There is currently no fence so the whole garden is open to both the ground floor and first floor flat owners. The owner of the first floor wants to now erect a fence for privacy but will allow access to the ground floor for them to pass when coming from the side of the house. The ground floor is against a fence. They say that there has never been a fence when they moved in. They have been enjoying the garden to themselves mostly as the first floor has been uncomfortable using the garden as a “shared garden”.
Can the first floor flat erect a fence without ground floor agreement if built on their own land? There is nothing in the lease agreement on this issue.
Thanks
Hey Alice,
If the first-floor flat occupant owns part of the garden then they can build a fence within their boundary lines. But, if you need access then they must allow access with a gate.
Who owns the leasehold?
If the ground floor flat owns the leasehold then “first-floor” must seek permission for the fence.
Hope this helps
Hi, thanks for your reply. The flats have individual leasehold titles with a joint freehold.
The groundfloor owns the left side of the garden. The first floorflat owns the right side. The house is semi detached so first floor flat can access the garden through the side passage on the right side. The plan is to have a gate in the fence to allow ground floor flat acces to their side from street ie going through the first floors part of the garden.
Can the fence be secured against the outside wall of the house ie ground floors outside wall if built inside the boundary of the first floor flat part of the garden Does the outside wall belong to the ground floor or does it depend on lease/case by case.
No, they must seek permission to fix to another fence, but they can just have a stand-alone post so no need to fix into the fence. It sounds very strange that they would want to section off a garden.
I would also speak with your local council/planning and ask about a fence on the shared ground 4 or 6ft? Another point to make would be a light restriction from the planned fence and footings from the posts especially if it is butting up to the house.
Good luck
Hi, hope you can gi e me your take on this issue.
A house is divided into 2 flats. The back garden is owned by the ground floor flat and the first floor flat. The deeds clearly indicate a boundary down the middle of the garden and indicate ownership. There is currently no fence so the whole garden is open to both the ground floor and first floor flat owners. The owner of the first floor wants to now erect a fence for privacy but will allow access to the ground floor for them to pass when coming from the side of the house. The ground floor is against a fence. They say that there has never been a fence when they moved in. They have been enjoying the garden to themselves mostly as the first floor has been uncomfortable using the garden as a “shared garden”.
Can the first floor flat erect a fence without ground floor agreement if built on their own land? There is nothing in the lease agreement on this issue.
Thanks
Hey Alice,
If the first-floor flat occupant owns part of the garden then they can build a fence within their boundary lines. But, if you need access then they must allow access with a gate.
Who owns the leasehold?
If the ground floor flat owns the leasehold then “first-floor” must seek permission for the fence.
Hope this helps
Hi, thanks for your reply. The flats have individual leasehold titles with a joint freehold.
The groundfloor owns the left side of the garden. The first floorflat owns the right side. The house is semi detached so first floor flat can access the garden through the side passage on the right side. The plan is to have a gate in the fence to allow ground floor flat acces to their side from street ie going through the first floors part of the garden.
Can the fence be secured against the outside wall of the house ie ground floors outside wall if built inside the boundary of the first floor flat part of the garden Does the outside wall belong to the ground floor or does it depend on lease/case by case.
No, they must seek permission to fix to another fence, but they can just have a stand-alone post so no need to fix into the fence. It sounds very strange that they would want to section off a garden.
I would also speak with your local council/planning and ask about a fence on the shared ground 4 or 6ft? Another point to make would be a light restriction from the planned fence and footings from the posts especially if it is butting up to the house.
Good luck
Hi, can I remove a fence that a neighbour has erected on our land?
Hey Hollie,
You sure can as it is classed as your property because it is on your land! Good luck
Hi, can I remove a fence that a neighbour has erected on our land?
Hey Hollie,
You sure can as it is classed as your property because it is on your land! Good luck
Can neighbor por cement on my property to build retaining wall? How can I get trash bared chicken wire metal rods and hugh concrete cement construction pipes removed off my property? Horrific situation of invasion. Feeling unsafe.
Hi Vee,
You should ring the council (planning department) and explain what the neighbours have done. They will send a building inspector, take pictures ETC. They are very good at building regs, etc. good luck
Hi
Can u tel me the legal height of a front garden fence please – the thing is the front drive slopes so it was a really hard job to get ten level and now my neighbours are saying its too high thanks Linda
Can neighbor por cement on my property to build retaining wall? How can I get trash bared chicken wire metal rods and hugh concrete cement construction pipes removed off my property? Horrific situation of invasion. Feeling unsafe.
Hi Vee,
You should ring the council (planning department) and explain what the neighbours have done. They will send a building inspector, take pictures ETC. They are very good at building regs, etc. good luck
Hi
Can u tel me the legal height of a front garden fence please – the thing is the front drive slopes so it was a really hard job to get ten level and now my neighbours are saying its too high thanks Linda
I am in dispute with my neighbour Prior to her buying her house it was occupied by some guys dealing drugs they had a dangerous dog. The fencing between the two properties became damaged and the dog WAS ALLOWED INTO MY GARDEN TO USE IT AS A TOILET! My garden became unsafe to use. The guy who owned the property at the time would do nothing. To be safe I had the garden cleared of all the dog mess and put in new fencing. They left around that time the fencing is on a shared/joint boundary. when the lady who now owns it discovered I had put in the fencing, she gleefully told me that I was solely responsible for its maintenance and replacement and repair She appears to be right she now wants me to pay half the cost of the boundary wall, just a small one at the front which does incorporate the drain/downpipe from her roof I have declined she sent a solicitors letter to which I replied but have heard nothing further. She4 thinks it fair for me to be responsible for 75% plus of the boundary with her being responsible for the small remainder since this dispute my fencing at the back gets damaged every year when there is no one is at home I feel this ongoing expense will force me to concede But it seems very unfair. I am within my rights to remove the fencing between out two gardens at the back the expense of repairing it every year is really getting to me?? Or could I just put a wire between the post or something???
Hi Margaret,
Yes, because you erected/paid for the fence you are the owner, but can still be classed as a shared wall because it is sitting on the thin line of your boundaries. You can remove the fence when you want because it is yours. You can also replace with a wire fence if you wanted to.
Hope this helps
I am in dispute with my neighbour Prior to her buying her house it was occupied by some guys dealing drugs they had a dangerous dog. The fencing between the two properties became damaged and the dog WAS ALLOWED INTO MY GARDEN TO USE IT AS A TOILET! My garden became unsafe to use. The guy who owned the property at the time would do nothing. To be safe I had the garden cleared of all the dog mess and put in new fencing. They left around that time the fencing is on a shared/joint boundary. when the lady who now owns it discovered I had put in the fencing, she gleefully told me that I was solely responsible for its maintenance and replacement and repair She appears to be right she now wants me to pay half the cost of the boundary wall, just a small one at the front which does incorporate the drain/downpipe from her roof I have declined she sent a solicitors letter to which I replied but have heard nothing further. She4 thinks it fair for me to be responsible for 75% plus of the boundary with her being responsible for the small remainder since this dispute my fencing at the back gets damaged every year when there is no one is at home I feel this ongoing expense will force me to concede But it seems very unfair. I am within my rights to remove the fencing between out two gardens at the back the expense of repairing it every year is really getting to me?? Or could I just put a wire between the post or something???
Hi Margaret,
Yes, because you erected/paid for the fence you are the owner, but can still be classed as a shared wall because it is sitting on the thin line of your boundaries. You can remove the fence when you want because it is yours. You can also replace with a wire fence if you wanted to.
Hope this helps
My neighbours had decided to replace one of the fence panels without informing us first. After replacing it they chose to damage the old fence panel and abandoned it in our back garden garden. Is it my neighbour’s responsibility to dispose of the old panel?
Hi Zara,
If it was your fence on your side of the boundary line then they have caused damage to your fence but have also replaced the panel. If it’s their fence then it’s their responsibility and should be removed by your neighbour.
My neighbours had decided to replace one of the fence panels without informing us first. After replacing it they chose to damage the old fence panel and abandoned it in our back garden garden. Is it my neighbour’s responsibility to dispose of the old panel?
Hi Zara,
If it was your fence on your side of the boundary line then they have caused damage to your fence but have also replaced the panel. If it’s their fence then it’s their responsibility and should be removed by your neighbour.
Hi the fence on our left needs replacing the posts have snapped and panels starting to fall apart the council said they don’t replace fences so its down to us. But the neighbour who we don’t get on with has attached heavy duty trellis and there plants to it which is why the posts have snapped because of the weight is there anything we can do about it
Hey Gareth,
If this fence is within your boundary then I would suggest you take pictures and present them to a solicitor. You can claim on your neighbour’s home insurance or take them to court to cover the damage they have caused. If you do not see eye to eye with your neighbour then I would suggest you go straight to a solicitor and start proceedings.
If you can prove your neighbour’s trellis and plants have caused the damage 100% then you should get the cost to repair or replace the fence. Although this process will not make your relationship with your neighbour any better.
Good luck
Hi the fence on our left needs replacing the posts have snapped and panels starting to fall apart the council said they don’t replace fences so its down to us. But the neighbour who we don’t get on with has attached heavy duty trellis and there plants to it which is why the posts have snapped because of the weight is there anything we can do about it
Hey Gareth,
If this fence is within your boundary then I would suggest you take pictures and present them to a solicitor. You can claim on your neighbour’s home insurance or take them to court to cover the damage they have caused. If you do not see eye to eye with your neighbour then I would suggest you go straight to a solicitor and start proceedings.
If you can prove your neighbour’s trellis and plants have caused the damage 100% then you should get the cost to repair or replace the fence. Although this process will not make your relationship with your neighbour any better.
Good luck
Hi.
I live in a semi detached house (council house) and I have erected a two metre high fence between me and the neighbours within my boundary. The original boundary fence is still intact, due to the fact that my garden is higher than the neighbours so the fence is a retaining fence. The neighbours (who I unfortunately do not get along with) want to remove the retaining fence and use my fence as they’re own. Am I right in thinking that they cannot do this? Thank you.
Hi Gemma,
They can remove their fence, but cannot paint, screw or attach things to your fence. This is because it is in your boundary and belongs to you. If you built the wall/fence on the boundary line then it would be a shared fence.
Hope this helps
Thanks for replying. Sorry I think I confused myself with the original question. I understand that the neighbours cannot do anything to my fence. But my concern is the retaining fence. If that is removed, with no fence installed as a replacement, then there is nothing to stop my fence (and also my nearby shed) from making a mini landslide into the neighbours garden. Are they allowed to remove the fence in this instance? Thanks.
Hi.
I live in a semi detached house (council house) and I have erected a two metre high fence between me and the neighbours within my boundary. The original boundary fence is still intact, due to the fact that my garden is higher than the neighbours so the fence is a retaining fence. The neighbours (who I unfortunately do not get along with) want to remove the retaining fence and use my fence as they’re own. Am I right in thinking that they cannot do this? Thank you.
Hi Gemma,
They can remove their fence, but cannot paint, screw or attach things to your fence. This is because it is in your boundary and belongs to you. If you built the wall/fence on the boundary line then it would be a shared fence.
Hope this helps
Thanks for replying. Sorry I think I confused myself with the original question. I understand that the neighbours cannot do anything to my fence. But my concern is the retaining fence. If that is removed, with no fence installed as a replacement, then there is nothing to stop my fence (and also my nearby shed) from making a mini landslide into the neighbours garden. Are they allowed to remove the fence in this instance? Thanks.
Hi,
so our neighbour has taken down the boundary fence – which is ours, but we gave permission to remove it and the bush – but then they erect the new fence just under half a meter on their side. So in other words, they’ve given us some of their land, which sounds great but we don’t want it, as we know this is going to cause issues somewhere down the line. They didn’t explain to us that this was their plan, we thought the new fence was just going to go back on the boarder, and we just don’t understand why they decided to do this. They now also want to put gravel on the remaining bit of their land, so we will be looking at their fence with gravel which would be totally out of character with our garden. I’m guessing there’s absolutely nothing we can do about it because it’s their land, but, one end of their new fence is connecting to our post, can we ask them to disconnect their panel from our post because we would like to put the original boarder fence back in it’s place. I hope this made sense, not an easy one to explain. Any advice would be really helpful.
desperate thanks,
Nikos
Hey Nikos,
That is a new one, giving you extra space, then filling the area with gravel! You are well within your right to build a 6-foot fence outlining your boundary. If they have attached on your post that is sitting inside your boundary, you are well within your ownership rights to use it and remove any fence attached to it.
Hope this helps and good luck
Thanks so much for your reply and I think your response is aligned with my thinking. An update from this morning though, after further discussions with the neighbour I think I might have convinced them to sign the land over to us. If they agree, then I’m planning to get our solicitor to draw up an agreement for both parties to sign, which will be an agreement to eventually make all this legal. This pre-agreement is so we can get on with sorting out that extra land, without the worry of spending our money for no reason. We can then sort out the legalities later on which I’d imagine takes more time. We will be discussing all this with our solicitor, but does this my plan of action sound ok?
Thanks for your time.
Nikos
Hey Nikos,
Yes, it sounds great and would sort your problem overnight. I would also advise you to get a boundary surveyor and have everything in writing and update the land registry. But I am sure your solicitor will have a plan.
Good luck
Amazing, thank you for your time and advice, you have no idea of how much of a boast it’s given me 🙂
Hi,
so our neighbour has taken down the boundary fence – which is ours, but we gave permission to remove it and the bush – but then they erect the new fence just under half a meter on their side. So in other words, they’ve given us some of their land, which sounds great but we don’t want it, as we know this is going to cause issues somewhere down the line. They didn’t explain to us that this was their plan, we thought the new fence was just going to go back on the boarder, and we just don’t understand why they decided to do this. They now also want to put gravel on the remaining bit of their land, so we will be looking at their fence with gravel which would be totally out of character with our garden. I’m guessing there’s absolutely nothing we can do about it because it’s their land, but, one end of their new fence is connecting to our post, can we ask them to disconnect their panel from our post because we would like to put the original boarder fence back in it’s place. I hope this made sense, not an easy one to explain. Any advice would be really helpful.
desperate thanks,
Nikos
Hey Nikos,
That is a new one, giving you extra space, then filling the area with gravel! You are well within your right to build a 6-foot fence outlining your boundary. If they have attached on your post that is sitting inside your boundary, you are well within your ownership rights to use it and remove any fence attached to it.
Hope this helps and good luck
Thanks so much for your reply and I think your response is aligned with my thinking. An update from this morning though, after further discussions with the neighbour I think I might have convinced them to sign the land over to us. If they agree, then I’m planning to get our solicitor to draw up an agreement for both parties to sign, which will be an agreement to eventually make all this legal. This pre-agreement is so we can get on with sorting out that extra land, without the worry of spending our money for no reason. We can then sort out the legalities later on which I’d imagine takes more time. We will be discussing all this with our solicitor, but does this my plan of action sound ok?
Thanks for your time.
Nikos
Hey Nikos,
Yes, it sounds great and would sort your problem overnight. I would also advise you to get a boundary surveyor and have everything in writing and update the land registry. But I am sure your solicitor will have a plan.
Good luck
Amazing, thank you for your time and advice, you have no idea of how much of a boast it’s given me 🙂
Last year we replaced the 6ft rotten fence in the back garden with a 4ft fence. We agreed this with our neighbour at the time and as there was a lot of plants along the boundary it still gave us privacy as well as more light into our garden. Our neighbour has now sold and the new owners have ripped out the plants along the border. I have added some trellis to the top of the fence but my neighbour has said he is going to replace the fence with a 6ft one.
It is technically his boundary but the fence I paid for is on our side of it. If he takes down our fence and replaces is there anything I can do?
Hey Jon,
Sorry, but if the fence is on your neighbours land then you cannot claim ownership.
Kindest
Last year we replaced the 6ft rotten fence in the back garden with a 4ft fence. We agreed this with our neighbour at the time and as there was a lot of plants along the boundary it still gave us privacy as well as more light into our garden. Our neighbour has now sold and the new owners have ripped out the plants along the border. I have added some trellis to the top of the fence but my neighbour has said he is going to replace the fence with a 6ft one.
It is technically his boundary but the fence I paid for is on our side of it. If he takes down our fence and replaces is there anything I can do?
Hey Jon,
Sorry, but if the fence is on your neighbours land then you cannot claim ownership.
Kindest
Hi. We live on a hill and our neighbour who lives above us has built a Pergola that is 1.5 -2m above our 2 metre fence. He already had a brick structure in place which now when he stands on it he can see directly into our garden and lounge and we have no privacy as he peers over, all of the time. Is this allowed as he is waist height over our fence?
Hi. We live on a hill and our neighbour who lives above us has built a Pergola that is 1.5 -2m above our 2 metre fence. He already had a brick structure in place which now when he stands on it he can see directly into our garden and lounge and we have no privacy as he peers over, all of the time. Is this allowed as he is waist height over our fence?
Hi,
I have a fence that has been in the same place for 15 years (I can prove 9 years) and I own the fence. My neighbour wants to move the fence by 6inches (into my garden) and isn’t letting anyone have access to her garden and keeps arguing with me. She is getting extremely aggressive. What can I do in this situation? Can I just put a fence up in the same place and ignore her? Would someone else be allowed to legally do this? I don’t really want to have to start going down the legal route because it will get extremely expensive.
Ellie
Hi,
I have a fence that has been in the same place for 15 years (I can prove 9 years) and I own the fence. My neighbour wants to move the fence by 6inches (into my garden) and isn’t letting anyone have access to her garden and keeps arguing with me. She is getting extremely aggressive. What can I do in this situation? Can I just put a fence up in the same place and ignore her? Would someone else be allowed to legally do this? I don’t really want to have to start going down the legal route because it will get extremely expensive.
Ellie
I bought my house 6 months ago. There was a fence made of concrete posts and chain fencing. I already knew my neighbour. The house I moved into had been rented out for 20 years. I believe the fence is within my boundary. 6 years ago we were in her garden and she said she hated that fence and I said why don’t you change it and she said it didn’t belong to her. I now own the house with the fence and she has ,since I last saw her removed the chain link fence and erected trellis fence between the concrete posts. She is now playing a game doubting that I own it. The TA6 form says I own it. Am I allowed to remove her panels and replace them with my own fence. I am a little worried that because her panels are there that she might claim ownership of the boundary. In the back garden on the same side I said I wanted to build a wall to keep my dog in my space and she said she would fight it.
Liz
I bought my house 6 months ago. There was a fence made of concrete posts and chain fencing. I already knew my neighbour. The house I moved into had been rented out for 20 years. I believe the fence is within my boundary. 6 years ago we were in her garden and she said she hated that fence and I said why don’t you change it and she said it didn’t belong to her. I now own the house with the fence and she has ,since I last saw her removed the chain link fence and erected trellis fence between the concrete posts. She is now playing a game doubting that I own it. The TA6 form says I own it. Am I allowed to remove her panels and replace them with my own fence. I am a little worried that because her panels are there that she might claim ownership of the boundary. In the back garden on the same side I said I wanted to build a wall to keep my dog in my space and she said she would fight it.
Liz
Hi
My neighbour replaced the fence without my permission actually it is within my boundary. I offered him to share it in the boundary line. But he ignored it and replaced it without asking.
What can I do ?
Regards
Bal
Hi
My neighbour replaced the fence without my permission actually it is within my boundary. I offered him to share it in the boundary line. But he ignored it and replaced it without asking.
What can I do ?
Regards
Bal
Always check which is your boundary, NEVER presume.
Your ‘top tip’ about whose boundary is on the left, is NOT accurate. Along this side of my road, we all own the boundaries on the right when we look out of our back door; on the other side of the road they’re on the left – and, one house has ended up owning one boundary and sharing the other while their neighbour only has a shared responsibility; there is no absolute!
Please address this, your advice could lead to real problems; if people don’t know, never presume, always check your deeds!
Always check which is your boundary, NEVER presume.
Your ‘top tip’ about whose boundary is on the left, is NOT accurate. Along this side of my road, we all own the boundaries on the right when we look out of our back door; on the other side of the road they’re on the left – and, one house has ended up owning one boundary and sharing the other while their neighbour only has a shared responsibility; there is no absolute!
Please address this, your advice could lead to real problems; if people don’t know, never presume, always check your deeds!
Hi My neighbours at the bottom of my garden have taken down their fence to replace it, as their fence was nailed to my fence they have also taken my fence down and left it in my back garden. they did inform me that they were having new fence but didn’t inform me that they would be taking my fence down too and for me to get rid of 3-4 panels. i came home from work last night to a big gap in my garden and no privacy when i approached my neighbour re taking my fence down and dumping in my garden she told me ‘it’s your fence’ she has also put her boundary line posts at leas 2 feet in her garden leaving me with her gravel and roots of ivy plants… what are my rights ? she is private and i am council. i have contacted the council who have promised me for the past 6 months to replace my fence as some of the panels are damaged, but i’m still waiting.
Hi My neighbours at the bottom of my garden have taken down their fence to replace it, as their fence was nailed to my fence they have also taken my fence down and left it in my back garden. they did inform me that they were having new fence but didn’t inform me that they would be taking my fence down too and for me to get rid of 3-4 panels. i came home from work last night to a big gap in my garden and no privacy when i approached my neighbour re taking my fence down and dumping in my garden she told me ‘it’s your fence’ she has also put her boundary line posts at leas 2 feet in her garden leaving me with her gravel and roots of ivy plants… what are my rights ? she is private and i am council. i have contacted the council who have promised me for the past 6 months to replace my fence as some of the panels are damaged, but i’m still waiting.
I have end terraced house.My neighbour lives in council property and I own mine.We have a boundary wire between the houses done by the council many years ago. Can this be removed by her?.
I have end terraced house.My neighbour lives in council property and I own mine.We have a boundary wire between the houses done by the council many years ago. Can this be removed by her?.
My Next door neighbour has removed our boundary fence between our back garden . It is on the left hand side , It was a wooden fence with concrete posts my husband had painted it as well it was in good condition though not very high . We came back from being away for a weeks holiday only to find the boundary fence gone and a higher fence built in its place . We knew nothing about this work being carried out . We now have gaps and craters in the ground it looks terrible . Are they allowed to do this without informing us as we own our home , they rent theirs from the council .
My Next door neighbour has removed our boundary fence between our back garden . It is on the left hand side , It was a wooden fence with concrete posts my husband had painted it as well it was in good condition though not very high . We came back from being away for a weeks holiday only to find the boundary fence gone and a higher fence built in its place . We knew nothing about this work being carried out . We now have gaps and craters in the ground it looks terrible . Are they allowed to do this without informing us as we own our home , they rent theirs from the council .
Our neighbors have just been granted planning permission for a 2 storey extension along their boundary wall (over their exisiting garage), together with gaining permission to build infront of the building line at the front. At the front, are we entitled to erect fences inside our boundary that will run paralle to the neighbors new boundary wall and can they remove any new fence inside our boundary to complete their build works? Thanks.
Our neighbors have just been granted planning permission for a 2 storey extension along their boundary wall (over their exisiting garage), together with gaining permission to build infront of the building line at the front. At the front, are we entitled to erect fences inside our boundary that will run paralle to the neighbors new boundary wall and can they remove any new fence inside our boundary to complete their build works? Thanks.
4f 15yr at least bottom rot on post clear reason 2 why means sortin put up by housing association yet neighbours then on maintain . One side painted every year since start lived there 20yr so knowledge of all fenc history as 4 diff owners hav been and gone never done a thing 2 it . Latest one here l or 2 yr max has put complaint in sayin overgrown garden inext door causein it clearly untrue and all of sudden is paintin it and clearin up wat was a mess untill then as a etempt 2 fool housing when they cum all seen by neighbour otherwise and can verify all and that was falling down b4 she came so loads of other proof 2 so that not a concern it’s that housing will take weeks b4 email bac 2 when I rang basically so don’t go on 2 confuses u . If one side needs and wants other movin no dog nor kids so has no intention 2 now repair or replace a old fence or b conned so can she take down and then if her or who lives here next if want can arrange . Hav never spoke yet so not goin 2 confrontas doesn’t sound neighbourly type hasn’t been any friendlier 2 other side. If down 2 us if want surly can’t b forced 2 do anything . Keep repair couple posts herself is needs it or replace or I can take down all and b bac 2 original open plan can I just say that 2 her so has warning . Any rules why I can’t remove wud stop her games now so poor next person here wudnt get it after me either.
4f 15yr at least bottom rot on post clear reason 2 why means sortin put up by housing association yet neighbours then on maintain . One side painted every year since start lived there 20yr so knowledge of all fenc history as 4 diff owners hav been and gone never done a thing 2 it . Latest one here l or 2 yr max has put complaint in sayin overgrown garden inext door causein it clearly untrue and all of sudden is paintin it and clearin up wat was a mess untill then as a etempt 2 fool housing when they cum all seen by neighbour otherwise and can verify all and that was falling down b4 she came so loads of other proof 2 so that not a concern it’s that housing will take weeks b4 email bac 2 when I rang basically so don’t go on 2 confuses u . If one side needs and wants other movin no dog nor kids so has no intention 2 now repair or replace a old fence or b conned so can she take down and then if her or who lives here next if want can arrange . Hav never spoke yet so not goin 2 confrontas doesn’t sound neighbourly type hasn’t been any friendlier 2 other side. If down 2 us if want surly can’t b forced 2 do anything . Keep repair couple posts herself is needs it or replace or I can take down all and b bac 2 original open plan can I just say that 2 her so has warning . Any rules why I can’t remove wud stop her games now so poor next person here wudnt get it after me either.