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Establishing Rights Over Fences & Boundaries

By: Abigail Taylor - Updated: 16 Dec 2017 | comments*Discuss
 
Fence Disputes Neighbours Boundary

Adjoining neighbours can sometimes get into a dispute about the position and ownership of a particular boundary, be it a fence, wall, barrier or some other kind of boundary line. Often the Boundary Disputes will arise when one party wishes to use part of the land for something particular and the adjoining neighbour opposes that on the grounds that the other is encroaching upon their land.

Alternatively, arguments also arise where damage has been done to a particular fence or wall, for example, which then needs repair and the decision over who is going to foot the bill.

How to Establish the Boundary Lines

Usually, the most common way of establishing boundary lines is to check the deeds of the properties involved and, more often than not, there will be a clear demarcation of exactly where the boundaries are. However, this is not a foolproof method as previous owners of the houses concerned may have agreed to alter the boundaries for one reason or another yet have not informed the Land Registry.

Another point to consider is where one party has been using the disputed area of land continuously for the past 12 years. This is something that is termed as 'adverse possession'. It can be quite complex to understand and in this situation, it's better to seek legal advice if the dispute cannot be resolved amicably.

Establishing Boundary Areas Which Aren't on the Deeds

There are certain boundary areas that will not be included within the deeds, such as party walls, hedges and ditches and fences. Most of the time it's simply presumption that determines who owns what and whose responsibility it is to maintain certain boundaries or barriers.

Common presumptions:

  • A fence where the posts are supported on one side would be the responsibility of the person whose side contained the posts
  • If two properties are divided by a hedge and a ditch, the person whose side the hedge is on is responsible as the rightful owner, although there's no presumption if there's a hedge only
  • Interior walls which separate a semi-detached property are usually deemed to be the responsibility of both parties, and any repairs which might be needed are, in most instances, divided between both parties if the damage affects both sides

If you wish to fix an exact boundary, you need to:

  1. Try to agree any unclear areas with your neighbours and all sign an agreement to that effect
  2. Ask a surveyor to draw up a detailed plan
  3. Send both the signed agreement and detailed plan to the Land Registry, along with a completed application (https://www.gov.uk/government/publications/exact-line-of-boundary-registration-db), and your application fee (£90)

If you can't agree the boundary line, there are steps that you can take to determine the boundary (see below).

Ways to resolve your dispute

There are several ways in which you can attempt to resolve any issues you have over boundaries:
  • Amicable discussion
  • Mediation
  • Adjudication
  • Courts
Here's an overview of what's involved in each of the above:

Amicable discussion

Disputes over boundaries and your rights can run into several thousand pounds and even six figure sums in more complex cases should you decide to take the matter to court. This can cause immense stress.

The best way to resolve any boundary issues is to try to reach an agreement between both parties. Once an agreement is reached, you can inform the Land Registry of the agreement and fix the boundary. However this comes at a cost, and it may be that you and your neighbour can resolve the issue without needing to formally "fix" the boundary line.

Mediation

In mediation, an independent person is jointly appointed by both parties to "police" discussions. It is very much up to the two sides to reach an agreement. Having someone to help ensure that discussion stays on relevant issues can help with this, but both parties need to approach the discussions with a genuine intent to resolve the matter and appreciate that this will involve some compromise on both sides.

This can be a great and comparatively cheap way to reach an agreement that all parties are happy with. Further, the Courts will often stay (put on hold) proceedings to give parties chance to try to reach a settlement via this method. However the "down side" of mediation is that either party can walk away at any point, and so there is no guarantee that the problem will be resolved.

Should you wish to undertake mediation, an RICS accredited mediator (who specialises in boundary disputes) can be found at http://www.ricsfirms.com/accreditations/mediationaccreditationscheme.

Adjudication

Adjudication involves both parties jointly appointing an independent expert who will decide the dispute for you. Both parties agree to be bound by the adjudicator's decision. Many barristers chambers offer this service.

The advantage of adjudication is that it is speedier than trying to resolve the matter via the courts, and a definite solution will be reached. Further parties will usually not be required to make an appearance in person.

The disadvantage is this can be a very expensive option, and in some cases can be more expensive than using the Court system. It can also create further dispute by parties failing to agree an adjudicator, and spending more time arguing over who will resolve the argument than actually working towards a resolution!

Courts

The Courts are of course available should parties be unable to resolve their dispute amicably. Sometimes this may be the best way of resolving your dispute. However I would advocate careful consideration of the following before applying to the Courts.

1. You will usually need to instruct a solicitor to guide you through the Court processes and assist you to best present your case. Solicitors range from approximately £120ph to over £200ph. You will need a number of hours to allow for consultation with your solicitor, receipt of advice, and preparation of your claim / defence with your solicitor.

2. If you are not successful, there is a risk that you may have to pay at least a portion of the other party's costs, as well as your own.

3. The Courts will usually expect you to have considered and attempted a form of alternative dispute resolution, such as mediation (as discussed above).

4. The Courts often have a several month backlog. When you will be able to have your case heard will depend upon your local court's timetable. However in large city centres, this could be as long as six months, particularly if you have a number of witnesses or a large amount of evidence to be considered.

What is the best way?

Before taking steps to try to determine a boundary, first consider why you need to determine the boundary. The above options have varying costs, however all do come at a cost, and it may actually be cheaper to for example jointly pay the cost of repairing a fence rather than spend money determining whose responsibility it is to do so, particularly if this is likely to be a one-off repair. Also remember that disputes with neighbours may have to be declared should you wish to sell your house, potentially making your property less attractive to buyers.

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A new next door neighbour a developer has erected a new fence, which they have run to just inside thier boundary or from where the old fencing ran, also they have removed the old fencing at the bottom of the garden and again run thier fence inside to where the old fencing was originally, thing is the gardens at the bottom are offset which has now created a large gap that now compromises the security of my garden and rear of my house. My thinking is that they have removed the the old fencing in the first place and so must replace it to the same security spec as before, logic tells me I'm correct, where do I stand with this? Wait for the neighbour up the back to make good, as I've already replaced all the fencing at the back of my garden,or take it up with the council, get a councillor involved? Land registry? Thanks
Dave - 16-Dec-17 @ 5:35 PM
I have2 pine trees in my garden close to my land boundry. My neighbor has approach me complaining that falling needles and other tree bits (not branches) are blocking his gutters, causing apparent damage to the property and he wants us to cut the trees down completely. Strangely we do not observe this on our side, but he has argued that the wind blows it all to him... As we see those mature trees as a feature to our garden, attracting wildlife etc we are reluctant to remove them, especially at our own cost. We have cut back all branches which were overhanging his property already and also cut one of trees which we thought needles may fall off to his land the most. He is still not happy with that. What is our legal position here? Can we be made liable for damages caused by gutters blocked by "our" needles? Thank you.
maggie80 - 22-Nov-17 @ 12:56 PM
Bob501 - Your Question:
My neighbour has built a extension at the rear of their house and inline with the wall for this extension they continued along with a new brick wall down the length of the garden. This is a couple or so inches behind the existing wooden fence boundary. In documentation completed by the previous owner when I bought my property I was informed this boundary is the responsibility of the neighbour and I am responsible for the opposite side of my garden. The previous owner had lived in the property for around 30 years. The house next door seemed to not be lived in for quite some time. The new buyers are getting all this building work done. The existing wooden fence boundary and concrete posts were not removed prior to the new garden brick wall being built. Some of the dilapidated fence panels are falling into my garden and parts of them onto my patio. Additionally there are bulges of brick mortar on my side of this new brick wall; places where mortar is missing and the inside middle of bricks protruding to my garden which are very unevenly cut. The extension wall is neat and tidy as once I came home to find a builder standing on my patio working on it when that wall had been built. I was never actually asked if a builder could come on to my land. It would have been polite and I would not have had any objections. I spoke to the builders whilst they had not fully completed the garden brick wall and basically their boss and the home owner never came to speak to me as promised. The wall got completed and I am left with an ugly site in my garden. When their party wall surveyor visited my property prior to any work, they said I would have a nice new wall to look at.As nobody is residing in the neighbours property as their are major other building works have been ongoing for over a year; I sent a postal letter some months ago to my neighbour next door; thinking it will be redirected to them. I didn't get a response but some other issues I raised got rectified. Basically drainage guttering a pipes hadn't been put back in weeks.Should I ask other neighbours along from me which side of the garden fence they are responsible for? Just in case I was given incorrect information when I bought my home. If the wooden fence is indeed the responsibility of my neighbour, do I have to accept the state it is in?I live in a terraced house. The neighbour doing the extensions has a semi detached property. They also got builders to build a brick garden wall down the opposite side of their garden and this is against the end walls of the gardens for other properties. Do I need to seek legal advice about this. I don't want to have lots of hassle and costs but I don't want to have to put up with the messy fence and brick wall. Especially when parts of the wooden fence is leaning and bits are falling into my property.From memory the boundary documents just show the boundary without marking as to who owns what. The houses were b

Our Response:
If the deeds don't state that either party is responsible/owns the fence, it's difficult to do much about this. If the neighbour has created a mess/damage on your property during building work, they should rectify this anyway. So send a letter with a details of the damage and say you'd like the fence replacing or repairing. If the bounday is indeed where the fence is then the mortar and protruding bricks are still on the neighbour's property and you can't really do much about that apart from considering planting or trellising to hide it.
ProblemNeighbours - 21-Nov-17 @ 12:18 PM
My neighbour has built a extension at the rear of their house and inline with the wall for this extension they continued along with a new brick wall down the length of the garden.This is a couple or so inches behind the existing wooden fence boundary.In documentation completed by the previous owner when I bought my property I was informed this boundary is the responsibility of the neighbour and I am responsible for the opposite side of my garden.The previous owner had lived in the property for around 30 years.The house next door seemed to not be lived in for quite some time.The new buyers are getting all this building work done.The existing wooden fence boundary and concrete posts were not removed prior to the new garden brick wall being built.Some of the dilapidated fence panels are falling into my garden and parts of them onto my patio.Additionally there are bulges of brick mortar on my side of this new brick wall; places where mortar is missing and the inside middle of bricks protruding to my garden which are very unevenly cut. The extension wall is neat and tidy as once I came home to find a builder standing on my patio working on it when that wall had been built.I was never actually asked if a builder could come on to my land.It would have been polite and I would not have had any objections.I spoke to the builders whilst they had not fully completed the garden brick wall and basically their boss and the home owner never came to speak to me as promised.The wall got completed and I am left with an ugly site in my garden. When their party wall surveyor visited my property prior to any work, they said I would have a nice new wall to look at. As nobody is residing in the neighbours property as their are major other building works have been ongoing for over a year; I sent a postal letter some months ago to my neighbour next door; thinking it will be redirected to them.I didn't get a response but some other issues I raised got rectified.Basically drainage guttering a pipes hadn't been put back in weeks. Should I ask other neighbours along from me which side of the garden fence they are responsible for?Just in case I was given incorrect information when I bought my home. If the wooden fence is indeed the responsibility of my neighbour, do I have to accept the state it is in? I live in a terraced house. The neighbour doing the extensions has a semi detached property. They also got builders to build a brick garden wall down the opposite side of their garden and this is against the end walls of the gardens for other properties. Do I need to seek legal advice about this.I don't want to have lots of hassle and costs but I don't want to have to put up with the messy fence and brick wall.Especially when parts of the wooden fence is leaning and bits are falling into my property. From memory the boundary documents just show the boundary without marking as to who owns what. The houses were b
Bob501 - 20-Nov-17 @ 4:18 PM
Anxiety- Your Question:
We've lived in our house for over 7 years. I'm back garden there was no fence to the left just a large hedge of fern trees. The original neighbors have since passed and new ones have moved in. They are now now saying we have removed the fence from behind the trees and that they want it out back up. They are also pulling out the trees and want them replaced with a fence. We have never removed any fencing and now the neighbors are threatening to take us to court when we haven't removed anything to begin with. We are disputing any borders just the payment of the fence. How does the law stand with this?

Our Response:
Check your deeds first of all. The deeds might say who has responsibility for maintenance of a fence, or who the fence belongs to. If there was no fence when you moved in, and the trees were sufficient as fencing, then your neighbours can't really complain or take action anyway. Your neighbours sound as though they are simply being unreasonable and trying to make you pay for something that "they" want. Firstly, check your deeds, then if you can, seek advice from a legal professional (preferably one who deals with boundary/property issues). Most solicitors offer a reduced price or free first time consultation.
ProblemNeighbours - 20-Nov-17 @ 2:19 PM
We've lived in our house for over 7 years. I'm back garden there was no fence to the left just a large hedge of fern trees. The original neighbors have since passed and new ones have moved in. They are now now saying we have removed the fence from behind the trees and that they want it out back up. They are also pulling out the trees and want them replaced with a fence. We have never removed any fencing and now the neighbors are threatening to take us to court when we haven't removed anything to begin with. We are disputing any borders just the payment of the fence. How does the law stand with this?
Anxiety - 19-Nov-17 @ 1:00 PM
Ellie - Your Question:
We have lived in our home for five year the people before us twelve years they put a fence in the back garden and the neighbour have never complained. Now the house has gone to the daughter and she insists the fence needs to be moved back two inches.this fence has been her for twelve plus years. We have had a solicitors letter daying we need to move it. Is this possible after all these years

Our Response:
You may be able to claim adverse possession if the fence has been in place for twelve years, it's best to seek professional legal advice before doing this.
ProblemNeighbours - 13-Nov-17 @ 12:20 PM
We have lived in our home for five year the people before us twelve years they put a fence in the back garden and the neighbour have never complained. Now the house has gone to the daughter and she insists the fence needs to be moved back two inches.this fence has been her for twelve plus years. We have had a solicitors letter daying we need to move it. Is this possible after all these years
Ellie - 10-Nov-17 @ 4:46 PM
aardvark - Your Question:
We own our home outright and next to it is a small field. The border consists of a metal paling fence, a brick wall, and an established hedge, each being about 10-15metres long.The council have now granted planning permission for the land to the local housing association, but they have not contacted us at any stage of the process to discuss what will happen to the boundary. The plans indicate a concrete post/timber fence, which would require the removal of all other existing entities, but we haven't agreed to anything.Our problem is that the metal paling cost about £2000 to erect a few years ago, the wall makes up one side of our shed, and the hedge has been meticulously manicured for almost 40 years. However, from the new buildings perspective, the paling and the wall would not be the most attractive and if the hedge remained there would be the issue of trimming.Should we expect some compensation for our losses and the incurred shared maintenance cost (that the hedge doesn't require), and can they just leave the hedge and call it the boundary?If they do the latter, where would we stand with respect to trimming? I'm certain no one else would do it to my standard and I have no intention of doing anyone else's gardening for them!The new development will be 'social housing' and, given the locale, I'm not confident of getting the most gentile of new neighbours, to not put to fine a point on it.

Our Response:
Is the fence on the boundary? Do your deeds say maintenance of boundary fence is shared? Does the developer intend erecting an additional boundary on the other side of yours? Sorry there are a lot of unknowns here, so it's difficult for us to answer your question. You should talk to your local planning officer and the developer.
ProblemNeighbours - 25-Oct-17 @ 3:31 PM
We own our home outright and next to it is a small field. The border consists of a metal paling fence, a brick wall, and an established hedge, each being about 10-15metres long. The council have now granted planning permission for the land to the local housing association, but they have not contacted us at any stage of the process to discuss what will happen to the boundary. The plans indicate a concrete post/timber fence, which would require the removal of all other existing entities, but we haven't agreed to anything. Our problem is that the metal paling cost about £2000 to erect a few years ago, the wall makes up one side of our shed, and the hedge has been meticulously manicured for almost 40 years. However, from the new buildings perspective, the paling and the wall would not be the most attractive and if the hedge remained there would be the issue of trimming. Should we expect some compensation for our losses and the incurred shared maintenance cost (that the hedge doesn't require), and can they just leave the hedge and call it the boundary? If they do the latter, where would we stand with respect to trimming? I'm certain no one else would do it to my standard and I have no intention of doing anyone else's gardening for them! The new development will be 'social housing' and, given the locale, I'm not confident of getting the most gentile of new neighbours, to not put to fine a point on it.
aardvark - 23-Oct-17 @ 3:22 PM
Next to my side boundary is a thin 0.5m wide strip of land, privately owned (the owner lives elsewhere and seemingly inherited the land and has never been it) , that opens out to around 3m w x 5m lbulge at the end where it meets the country lane. There was an old tree here but came down in a storm a few years ago.Now ash saplings have sprung up and the tree stump os all overgrown and covered in brambles, saplings etc.This mound formed on the tree trunk and bank from the road makes visibility from my driveway very restricted and dangerous to exit.I approached the landowner and he says I have permission to remove the stump and ash saplings but this is probably a £2k + job which I can't afford.Can I insist that his land is causing my view of the road to be obstructed and dangerous for me to exit my property and insist he pays for it to be cleared? Will the Highways agency take a view on this and perhaps insist it is cleared?
Yulia - 20-Oct-17 @ 9:31 PM
Trulyanxious - Your Question:
We live in a 2 bed-roomed bungalow built on land owned by a defunct railway company.At the bottom of our small garden, ran a previously a thick, ageing hawthorn on what was railway owned land. in 2002, previous householders or our neighbours, planted a laylandeii hedge. Their boundary fence is still visible, but the leylandeii was planted in what apparently was agreed with the builders, to be left as a wildlife run on railway land.This leylandeii is now over 14 feet tall and the neighbour insists it is her hedge and controls the height, She does not want to see the roof of our bungalow, which would only be visible from the upper floor of her 2 storey house. I overheard her talking to a gardener, saying that her boundary was the small fence, so feel she knows the truth of the matter and is trying to intimidate me and my elderly neighbour to allowing her to each year, only trim a small portion of new growth. We have asked politely, but she is not prepared to compromise. Is it correct that we could go to the local council and for a fee - I elieve to be £600 each, to ask for this to be settled as I understood that hedges between properties should be no more than 6 feet anyway.

Our Response:
Fences between properties can usually be no more than 2 metres but this doesn't apply to hedges/trees.You're right that the High Hedges legislation is probably the way to go if you cannot resolve this amicably. Please see our guide her for full details.
ProblemNeighbours - 19-Sep-17 @ 12:26 PM
We live in a 2 bed-roomed bungalow built on land owned by a defunct railway company. At the bottomof our small garden, ran a previously a thick, ageing hawthorn on what was railway owned land.in 2002, previous householders or our neighbours, planted a laylandeii hedge.Their boundary fence is still visible, but the leylandeii was planted in what apparently was agreed with the builders, to be left as a wildlife run on railway land. This leylandeii is now over 14 feet tall and the neighbour insists it is her hedge and controls the height,She does not want to see the roof of our bungalow, which would only be visible from the upper floor of her 2 storey house.I overheard her talking to a gardener, saying that her boundary was the small fence, so feel she knows the truth of the matter and is trying to intimidate me and my elderly neighbour to allowing her to each year, only trim a small portion of new growth.We have asked politely, but she is not prepared to compromise. Is it correct that we could go to the local council and for a fee - Ielieve to be £600 each, to ask for this to be settled as I understood that hedges between properties should be no more than 6 feet anyway.
Trulyanxious - 17-Sep-17 @ 4:35 PM
My neighbors are trying to extend an existing fence that is attached to my garage.Can i stop them?
Bazzalad686 - 15-Jul-17 @ 6:08 PM
We put a new fence up all around our garden about 3 years ago, We replaced our right side neighbours fence as the council would not do it for her. On the left side we have seen that the neighbour has attached an ugly board with barbed wire attached and nails poking through on our side to our fence, he did not ask our permission and it is dangerous, the simple thing would be to ask him to remove it, if only it was that easy, this man is rude and arrogant and put us through 3 years of hell drumming on a full set of drums for over 3 years, and it was a job to get him to stop and We went through all the right channels, he has also threatened to attack my husband when he asked him tokeep the noise down, We had to phone the police ( although they did nothing). I know for a fact if the boot was on the other foot and it was us who attached something to his fence he would have been banging our door down and shouting at us to remove it. I really don't want any interaction with him as God knows what he will do but at the same time I do not want him to think that he can do any he wants when he wants even if that means to our property!!
Greentea - 11-Jul-17 @ 12:24 PM
Reallyneed some advice Have bought my house 20 yearsago and neighbour next door (housing association tenant)has caused many issues over the 20 years, drilling psst 11pm, slamming doors all our of night past midnight,sorting his recycling at midnight, he has even come into our garden and moved our bin and we were away and he scared the person looking after our house. I could write a book on the issues we have had, the one i am totally baffled with is this : Housing association installed a picket wooden fence on the shared boundary line, i come home yesterday and my neighbour has attached wire mesh to every panel but not on his side, on mine....please, is it me or am i missing something, surely no one has the right to do this...i am livid but need to know if i can remove this as it is in my garden
Noodle - 17-Jun-17 @ 6:41 PM
I own an old semi detached house for 30 years with a 60ft.boundry hedge in the back garden.Alandlord now owns the adjoining semi.the house has been lying idle for 6 months.The previous Tennant never cut the hedge and I have been asking the landlord to cut it as it has become so wide we cannot reach over to do it.We are in our 70s and it has become a burden.Can we remove the hedge and pay for fencing without his permission? He rarely calls to the house and I have no contact number for him.But so far he has ignored my request to cut it I am getting desperate
Pensioner - 17-Jun-17 @ 3:06 PM
lil mouse - Your Question:
Have a rather unusual issue with a neighbour refusing to replace the gates to his property. Moved into a council property on a dead end street in 2009, very quiet with hardly any footfall, though the rest if the estate is quite 'rough'. Several houses had previously been built at the "dead end" of the road, forming a T with the rear of the houses to side end of our terrace. These houses are accessed by an unadopted road to the front, beyond which is a canal. However, the end house had gates fitted in his rear panel fence to allow his car access via our street (he also had a metal swing barrier fitted on the unadopted road side at the same time to stop his neighbours driving to their houses) Now the gates, being wooden, have rotted away so the owner has removed them completely. Our street is now being used as a shortcut by the whole estate, at all hours. What used to be a peaceful place now has gangs of children using as an escape route after playing "lets throw stones at cars" or try and get a chase off some one as there's now 3 different directions to scatter. Drunks pass by at all times, swearing and shouting and virtually every house on the street have had items stolen by opportunist theives, to the point the owner causing the problem had all his garden furniture taken last week. Don't know if there's any legal obligation on him to replace them and don't feel he's reasonable enough to have a sensible conversation with about the problems, but hoping now he's finally had his property taken he'll do something to fix it

Our Response:
Is your neighbour's property council owned too? They may be able to insist that he maintains his fence/gate etc. Thelocal police might be able to help with the antisocial behaviour. A solicitor will be able to help you with the legalities of who's allowed access etc. Start with your local councillor, they may be able to access the right people more easily.
ProblemNeighbours - 6-Jun-17 @ 12:53 PM
Have a rather unusual issue with a neighbour refusing to replace the gates to his property. Moved into a council property on a dead end street in 2009, very quiet with hardly any footfall, though the rest if the estate is quite 'rough'. Several houses had previously been built at the "dead end" of the road, forming a T with the rear of the houses to side end of our terrace. These houses are accessed by an unadopted road to the front, beyond which is a canal. However, the end house had gates fitted in his rear panel fence to allow his car access via our street (he also had a metal swing barrier fitted on the unadopted road side at the same time to stop his neighbours driving to their houses) Now the gates, being wooden, have rotted away so the owner has removed them completely. Our street is now being used as a shortcut by the whole estate, at all hours. What used to be a peaceful place now has gangs of children using as an escape route after playing "lets throw stones at cars" or try and get a chase off some one as there's now 3 different directions to scatter. Drunks pass by at all times, swearing and shouting and virtually every house on the street have had items stolen by opportunist theives, to the point the owner causing the problem had all his garden furniture taken last week. Don't know if there's any legal obligation on him to replace them and don't feel he's reasonable enough to have a sensible conversation with about the problems, but hoping now he's finally had his property taken he'll do something to fix it
lil mouse - 3-Jun-17 @ 7:42 PM
Sol - Your Question:
Hi. I purchased a house a year ago knocked the existing property down the fences that devised the boundaries either side remaind in place, a new house was built within the existing fences , the neighbour to the right objected to the development, at the end of the development a fence was erected to the inside of the existing fence on the right of the development for asthetic reasons leaving the existing fence on the neighbours side, the neighbour has sent me leter of dispute because I have not installed new fence boards on his side, the fence remains as was when I purchased it a year go. the neighbour has said that the dipute will call problems when I sell. My question is will it.

Our Response:
It may have to be declared but if you've resolved it, it shouldn't be an issue. Check your title deeds, these often say who is responsible for maintaining the fence. Often a fence is belongs to one owner or another. f the fence belongs to you and there are no conditions detailed with the deeds about maintaining it, then you can actually choose not have a fence at all if you so wish. Likewise if the fence belongs to your neighbour, he/she is repsonsible for its upkeep etc.
ProblemNeighbours - 31-May-17 @ 10:17 AM
We recently bought our council house which is a semi-detached. The adjoining property is also now privately owned.Our neighbours tell us the fence between the 2 properties is theirs although our plans show it as a party fence. We would not be bothered about who owns the fence except that the fence is totally on our side of the party wall which runs right down the centre of both our properties from front to back. Surely they cannot own this fence. Their property has had its rendering painted and even the paint line is completely on their side of the concrete fence panel. Can they possibly own this fence?
KathCliff - 29-May-17 @ 4:40 PM
Hi. I purchased a house a year ago knocked the existing property down the fences that devised the boundaries either side remaind in place, a new house was built within the existing fences , the neighbour to the right objected to the development, at the end of the development a fence was erected to the inside of the existing fence on the right of the development for asthetic reasonsleaving the existing fence on the neighbours side, the neighbour has sent me leter of dispute because I have not installed new fence boards on his side, the fence remains as was when i purchased ita year go. the neighbour has said that the dipute will call problems when I sell . My question is will it.
Sol - 28-May-17 @ 8:08 PM
smallmother - Your Question:
I live in Scotland. I bought my council house some years ago. A four-in-a -block property, which means the downstairs flat has a back and front door and I in the upstairs flat have a side door and the path is communal for access by downstairs for building work, removal of bins etc which all other neighbours in the street have no problem with as each flat respects the privacy of the neighbour who lives upstairs. I have paid for fencing paving etc as I upgraded my flat and ground area My neighbour has stopped using her front door at all and only uses her back door They walk past my door, as do visitors, family members etc, even if I am present. I am tired of the intrusion. Is there anything I can do to stop this?

Our Response:
Is your neighbour still a council tenant? If so it might be worth contacting them to let them know she is using the path for more than just "bin access etc". If not, it might need to be a private civil action (check the wording on the deeds of all the owners if you can).
ProblemNeighbours - 8-May-17 @ 2:19 PM
I live in Scotland.I bought my council house some years ago.A four-in-a -block property, which means the downstairs flat has a back and front door and I in the upstairs flathave a side door and the path is communal for access by downstairs for building work, removal of bins etc which all other neighbours in the street have no problem with as each flat respects the privacy of the neighbour who lives upstairs. I have paid for fencing paving etc as I upgraded my flat and ground areaMy neighbour has stopped using her front door at all and only uses her back doorThey walk past my door, as do visitors, family members etc, even if I am present.I am tired of the intrusion. Is there anything I can do to stop this?
smallmother - 7-May-17 @ 10:32 AM
Kaz - Your Question:
My neighbour drive runs alongside our and we have fencing and gates in our side for privacy. We paid for this and everything g is in our drive. These have been in place for over 15 years. We have come home today to find they have put up large metal gates on third drive, not a problem, however there is a 10ft metal lost in our drive.when I askedhe said he said he's continuing the line but. surely this should be in his drive ?

Our Response:
The easiest thing to do would be to check your deeds to make sure the place the neighbour has installed the post is in fact your property.
ProblemNeighbours - 28-Apr-17 @ 10:52 AM
My neighbour drive runs alongside our and we have fencing and gatesin our side for privacy . We paid for this and everything g is in our drive. These have been in place for over 15 years. We have come home today to find they have put up large metal gates on third drive, not a problem, however there is a 10ft metal lost in our drive .....when I askedhe said he said he's continuing the line but . surely this should be in his drive?
Kaz - 27-Apr-17 @ 12:55 AM
Booboo - Your Question:
In a communal garden owned by social housing, fences were erected, half of the funding was paid by myself. After agreements were broken by neighbours, concerning, rubbish, dog poo etc, over a long period. I removed the fences I paid for. The neighbours say I removed their fencing, called police. I explained the situation etc, what I paid and what for. They said as far as they were concerned, I have removed property that I paid for and saw no problem. The social housing area manager, has tried to negotiate with me and neighbours. But, I told them I have no intention of putting the fences back. I paid for them. They are lightly insisting that the fences are put back. I have suggested that if the neighbours and yourself require fencing, then it should be replaced by them and payed for by them and or neighbours. I have been told, that they are sending someone to put the fencing that I paid for, back in. Am I allowed to stand my ground and refuse?

Our Response:
If you only paid half of the fencing that made up the entire project, you may be made to pay for the reinstatement of the exisitng fencing or matching fencing...you should ask a solicitor about this as we don't have any information about the agreements you made with the Housing Association etc.
ProblemNeighbours - 24-Apr-17 @ 12:47 PM
In a communal garden owned by social housing, fences were erected, half of the funding was paid by myself. After agreements were broken by neighbours, concerning, rubbish, dog poo etc, over a long period. I removed the fences I paid for. The neighbours say I removed their fencing, called police. I explained the situation etc, what I paid and what for. They said as far as they were concerned, I have removed property that I paid for and saw no problem. The social housing area manager, has tried to negotiate with me and neighbours. But, I told them I have no intention of putting the fences back. I paid for them. They are lightly insisting that the fences are put back. I have suggested that if the neighbours and yourself require fencing, then it should be replaced by them and payed for by them and or neighbours.I have been told, that they are sending someone to put the fencing that I paid for, back in. Am I allowed to stand my ground and refuse?
Booboo - 23-Apr-17 @ 10:21 AM
nick - Your Question:
Between me & my neighbour is a 4ft panel fence with a 1ft trelase ON TOP making it 5ft tall this is in front of our building line by 27 ft I can see through it he wants to put up 5ft of solid fence up this is between our front lawns this was origonaly open plan he says he can go 2mtrs high we are on a private housing estate no other houses have fences in front of the building line his old fence has gone roton due to lack of care TREATMENT is this ok or not

Our Response:
Check your local council's planning department to see if there are any local planning restrictions on this. Also your title deeds will show if there are any restrictive covenants relating to front fences.
ProblemNeighbours - 12-Apr-17 @ 12:50 PM
between me & my neighbour is a 4ft panel fence with a 1ft trelase ON TOP making it 5ft tall this is in front of our building line by 27 ft i can see through ithe wants to put up 5ft of solid fence up this is between our front lawns this was origonaly open plan he says he can go 2mtrs high we are on a private housing estate no other houses have fences in front of the building line his old fence has gone roton due to lack of care TREATMENT is this ok or not
nick - 11-Apr-17 @ 9:31 AM
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