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What are my legal rights when erecting a fence if the adjoining neighbour is opposed?

I am looking to build a fence between my and my neighbours driveway. There is currently no fence, and due to disputes with neighbours am wanting to seperate the driveways. I have checked the plans to the property and there is a mention that we should maintain one side of the fence and the neighbour the other, unluckily the neighbour has the boundary which the fence would run along. Does this mean I can't build the fence at all or just that once its built I don't legally need to maintain it?

10 Answers from MyBuilder Fencers

Best Answer

hi there
i,m surprised that the fencing companies din't know how to advice
first of all when you have detected the boundary for the front of the properties normally around 4" high doesn't require planing permission
legally if your neighbor is a pain you should produce a 30 day notice in writing to him explaining what is going to happen,after that period any civil court will make him pay half of the fencing because 98% of the cases is shared
it is a duty to maintain each property their fencing when is against rail way,public roads,paths,or commercial places towards public parks,properties
other than that is common sense
type boundaries on Google and you will find the law exactly
let you neighbor know about your plans and you will be able to erect it when you will mention to him will have to pay for half of it if it comes to court,and if is interfere with the fencing is responsible and that is a criminal damage
regards peter


Answered 5th Oct 2011

make peace with your neighbour putting up a fence will only aggravate and cause more problems build bridges not fences life's to short and you will only end up with more stress and then end up moving anyway.


Answered 15th Oct 2011

In my experience, if there is currently no boundary fence I am afraid the neighbour can isist that one is not erected, your neighbour is quite within their right to oppose the fence going up, tread very carefuly.


Answered 26th Jul 2011

If the fence is his boundry then its his choice to stay if it stays or goes. you could put one up right next to it which he cant stop but you would loose 4 inches also make sure you stay below 2mtrs in height or you will need planning.


Answered 25th Sep 2011

check with your local planning they will tell you if there is any restrictions and if so what there are none you can errect up to your boundry line


Answered 6th Aug 2011

im not 100% but as long as its on your side you can put it up, but you cant build on your neighbors, sounds like this will not help your deputes with them


Answered 26th Jul 2011

In my experience, unless you can get your neighbour to agree to it then you will not be able to erect a fence on their property, alternatives would be to either lose an extra 4 - 6 inches of your drive and build it on your own property or see if you can pursuade them to allow you to build, clear definition of the boundary will help settle any disputes, also a property can not be sold if there are issues regarding the properties boundaries. Try offering to pay for all instalation and care and offering a low fence/trellising e.g. 3 foot high this will be less invasive whilst still giving clear definition.


Answered 26th Jul 2011

Hi, you could make a lot of problems and worry for yourself and your family, you need to get expert advise, from council, also solictor, take things slow and get all the help and advice you can before doing anything kind regards and best wishes colin.


Answered 26th Jul 2011

Hi this is really a legal question and without all the information and seeing the job it would be very difficlut to advise.The only thing I can say is you can erect a fence on your land, however even this can raise problems if the houses have planning restrictions on the erection of boundries which is more likely on newer housing estates.Sorry not much help really Pete.


Answered 26th Jul 2011

if you to find boundry measurments make sure the face of the fence ie the good side is flush with the boundry measurmentthen he cant dispute at all as for which side should be ownership its normaly the side with the rails is ownership so if you own the fence put rails your side but strictly put the face side along boundry marks prob best to step it back your way an inch then he hasnt got any complaints to give p.s you wld also proberly be best putting concrete posts and concrete gravel boards with closeboard panels that way you could install the fence without steping on his side as aposed to standerd fence where you wld have to be on his property to board up


Answered 12th Jan 2012

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