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Fencing

Can I ask my neighbour to move their garden fence even though it was erected by a previous owner?

Anonymous user 01/03/2024 - 2.48 PM

I am planning to build a room at the bottom of my garden. This room will require planning permission and will be the width of my garden. The problem I have is that before I moved into my house the previous neighbour erected a concrete base, pillars and wooden fencing all wholly in my garden. The elderly couple who lived at my address didn't object because they thought it was their fence & that the neighbour was doing them a favour (the house paperwork clearly shows the ownership of the boundary). The neighbour then went on to sell his house. I now need my land back for the building works that I am planning. Can I ask the neighbours to move their fence? They are still responsible for it & knew that it was on my land when they moved in.

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2 Answers

FE Decking and Landscaping

Rating: 4.9 out of 5

Thatcham

I would put the question under architectural services or groundwork and foundations. This will come under the party wall act if you are planning to build on the boundary line. They would have come across this many times before. If the properties are terraced then measure the inside walls where they meet from both properties and you will get a central point which is the boundary line. From here we would take a string line to an old fence post or something at the bottom of the garden and this will determine the boundary line. Being in the fencing / landscaping game we have so many issues with neighbours and fence boundary's. Some refuse us access on to properties to install the fence or some just curse and swear at us. Remember you have to live with your neighbours and will need access to their garden to carry out the building work so don't upset them too much. Good luck

Answered6 May 2013

Anonymous user

ask them ! but if they refuse it will end up in court and they may get funny about your extension...so if they refuse how much of your garden have they stolen..weigh up the pros of losing a few inches off your extension or the cost involved getting it back

Answered3 May 2013