Boundary Disputes: Frequent Questions

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Boundary Disputes: Frequent Questions

Boundary disputes can turn even the friendliest neighbours into sworn enemies. We've seen everything from heated arguments over a few inches of land to court battles costing tens of thousands of pounds. Before things escalate, let's look at what you need to know.

If you're unsure about your legal position before taking things further, you can quickly check your rights using our free Neighbour Rights Checker.

Where Exactly is Your Boundary?

Most people don't actually know where their precise boundaries are until there's a problem. Your property boundaries should be shown in your title deeds - those documents you got (and probably filed away somewhere) when you bought your house.

Look for the earliest conveyance or transfer deed that mentions your land. There's usually a plan attached, often with red lines marking the boundaries. Sometimes you'll find written descriptions too, though these can be frustratingly vague - phrases like "the fence presently erected" don't help much when that fence fell down in 1987.

These plans were often drawn decades ago, sometimes by hand, and aren't always accurate. Under the Land Registration Act 2002, Land Registry plans show general boundaries only, not the exact line. A thick red line on your plan could represent anything from a few centimetres to half a metre on the ground. When the plan contradicts the written description, you might need a property solicitor to untangle the mess.

For precise boundary positions, you'll often need a chartered surveyor. The Royal Institution of Chartered Surveyors (RICS) can help you find qualified professionals who specialise in boundary disputes.

That Fence Between You - Who Owns It?

You might assume the fence on your left belongs to you, but that's just an urban myth. Fence ownership depends on what your deeds say, not which side the posts face or where the fence sits.

Sometimes you'll see a 'T' mark on the boundary plan - the property with the T owns and maintains that boundary. No T marks? Then nobody has sole responsibility unless there's a covenant saying otherwise. In practice, this means the fence might belong to either of you, both of you, or technically neither of you.

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Can You Paint Your Neighbour's Fence?

Short answer: not without asking first. Even if their side looks pristine and yours resembles driftwood, you can't simply start painting without permission.

Your neighbour can refuse permission for any reason - maybe they like the weathered look, perhaps they're planning to replace it soon, or they simply don't want purple fence panels. Unauthorised painting could lead to civil action for trespass or property damage. In extreme cases where deliberate damage occurs, criminal charges might follow - though this is rare. One couple in Birmingham faced legal action over unauthorised fence painting, highlighting how seriously these matters can escalate.

Dealing with Tatty or Broken Fences

Unless there's a specific covenant requiring fence maintenance (check those deeds again), you can't force your neighbour to fix their rotting fence. Frustrating? Absolutely. But that's the law.

Your options:

  • Put up your own fence on your side of the boundary (check with your local council's planning department first - they can advise on height restrictions and whether planning permission is needed)
  • Offer to pay for repairs - get this agreement in writing
  • Live with it and invest in some fast-growing shrubs

If you do pay for repairs, write to your neighbour stating clearly that you're gifting them the fence work and it doesn't change the boundary position. Keep a copy with your deeds. Without this, future buyers might assume you own the fence because you paid for it.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

When Trees Become a Nightmare

That charming oak tree next door can transform into your worst enemy when it blocks your sun, drops leaves everywhere, or sends roots under your foundation. The law here is actually quite clear, which makes a nice change.

You can trim any branches or roots that cross your boundary line - but only up to the boundary, not beyond. You don't need permission, though telling your neighbour first usually prevents unnecessary conflict. The trimmed bits legally still belong to your neighbour, so offer them back (they'll usually tell you to dispose of them).

Got a tree with a preservation order? You'll need council permission before touching it. Check with your local authority first - unauthorised work on protected trees can land you with fines up to £20,000.

One word of warning: if your trimming kills the tree or makes it dangerous, you could be liable for damages. Consider getting a tree surgeon's advice for anything beyond basic pruning. And never drill holes and pour in herbicide - that's criminal damage and judges take a very dim view of it.

Keeping Things Civil

Most boundary issues can be sorted with a friendly chat over the fence (whoever owns it). If talking doesn't work, consider mediation services - many councils offer these, or you can find private mediators through the Civil Mediation Council. These services cost far less than going to court.

For construction work near boundaries, don't forget the Party Wall etc. Act 1996 might apply. This requires you to notify neighbours before certain types of work on shared or adjoining walls and boundaries.

Court should be your absolute last resort. We've seen cases where legal fees exceeded £30,000 over a strip of land worth £500. Before reaching for your solicitor's number, ask yourself: is this dispute really worth the cost, stress, and permanent damage to neighbourly relations?

The Next Step

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Ask Problem Neighbours a Question
ProblemNeighbours Editor 20/05/2026 at 9:15 am
@Ali No, he can't just chuck clippings over the fence. Technically he should offer them back to you politely, and dumping them on your property could amount to fly-tipping or even criminal damage if it's wrecking your rockery. Take photos of every incident, keep a log, and report it to your council's environmental health team. A short letter (or a solicitor's letter) telling him to stop usually does the trick.
Ali 06/10/2023 at 8:53 pm
I have a hedge that is in my garden and my neighbours garden . For the last 20 years , he has cut his sode and ive cut mine .
Last year , he cut his side really low and wanted me to cut my side low but I declined as i wanted privacy and to keep it the same height as the hedge all around my garden .
He doesn’t like this and so now throws his side of the hedge clippings over the fence into my garden , onto my rockery and drive way , obstructing my drive and ruining my rockery display .
Is he allowed to just throw everything onto my property or does he have to give it to me in a reasonable manner ?
Thsnkyou
Jay 16/06/2023 at 8:46 am
My neighbour jet washes his back yard I stead of sweeping the water and rubbish into their drain they sweep it into my side of my house then goes into my garden he said his drain is to low and has a cover on it so he has to brush it out into shared public walkway then all goes into my garden and flower beds. What can I do?
Samy 13/02/2023 at 9:53 am
Hi : The neighbour placed a fence panel next to the boundary fence on his side but it is leaning on and higher than the original fence , still within the allowed height . It is an eyesore and does not look nice . Does he have legal right to do so without my permission .
Cha 01/02/2023 at 8:21 am
My neighbour has a device that knocked off &on my WiFi cloned my phone ,changed my passwords spread storiesto people encouraged neighbours to move boundaries put rats & mice in my hedge takes stones out of retaining wall tried to frighten me with loud noise At moment he has opened my letters & has cameras on my land
I'm 65 with mental health issues
When asked is he doing this he says noo that it's me
I'm lost for answer
Cha 01/02/2023 at 8:20 am
My neighbour has a device that knocked off &on my WiFi cloned my phone ,changed my passwords spread storiesto people encouraged neighbours to move boundaries put rats & mice in my hedge takes stones out of retaining wall tried to frighten me with loud noise At moment he has opened my letters & has cameras on my land
I'm 65 with mental health issues
When asked is he doing this he says noo that it's me
I'm list for answer
Laci 29/01/2023 at 1:17 pm
I own a flat that my daughter lives in, a few months ago some new neighbors moved in and said to my daughter “don’t park outside of my house” this road is a public highway so my daughter said she would park on the street wherever there is a space, in lockdown I moved back to the flat to stay with my daughter, one day the police called to say that there had been a complaint from a neighbour that my daughter had people living with her when it wasn’t allowed I informed the police that I owned the flat and at the time we could live there in a family bubble, this neighbour was also having people coming and going to her house, one day she came knocking on my door asking my daughter to move her car as she couldn’t park outside her house I informered her that I myself had lived there 33yrs and had not been able to park outside my house either in all that time as it is a public highway. One day my daughter came home and was getting things out of her boot when the neighbour in question came out and told my daughter to move and was verbally abusing her, my daughter ignored her and as she was walking away the neighbour called my daughter a slut so my daughter asked her what had she just called her the neighbour then pulled my daughter to the floor by her hair and was fighting her on the floor since then my daughter’s had 3 tyres slashed on her car, my daughter keeps informing the police but the never seem to do anything, my daughter works from home and is living in fear all the time, please could someone give us some information on how to deal with this situation.
chalky 26/01/2023 at 11:56 am
hi
i have been sent a letter from my neighbours solicitor demanding a reply within 24 hours of receipt of a posted out letter
regarding the boundry fence i have checked with the land registry and there is no matking on either side to whus fence it is
my house was built by the same builders all be it at a latter date and did not add to the land registry who owns the fence so i assumed this would be jointly owned
there is no mention of the boundry between the two properties
regards
john white
Chicketyboo 12/07/2022 at 5:22 pm
Our neighbours have decided to dispute the boundary at the front of our house between us and them. We have lived here for 10 years, we had a very low picket fence put within our side of the grass our side of their drive 2 years ago, just to frame the house and make it look pretty, I've planted along our side of it, we've always looked after the grass and the previous owners who lived her 9 years arevthe same, the neighbours have never suggested it was their grass, they have a front garden their side of their driveway.
They've just told us that the fence we had put up is on their land, and want us to move it. We asked them to prove where the boundary was if this was the case, we of course would move everything if correct. He has shown us a copy of a red outline on a drawing he says is his deeds, we have said that the red line is only an indication of where the property is ( which is what Land Registry have told us) so now we are at a stalemate position, I just don't know where we go from here. Is the land legally ours as its been tended bu the owners of our house for the last 19 years regardless of original ownership? How do we work out exactly where the property boundary is? We have applied for our deeds, but we are expecting the dubious red line picture similar to our neighbour. It seems so unfair that someone can do this completely out of the blue and leave us with an expensive mess to sort out (they just want the fence moving, they aren't interesting in paying to prove boundary) if anyone can help I'd be very grateful, I don't know where to go from here I want the problem to go away
Jenny 17/05/2022 at 10:10 am
We have a very contentious neighbour who has erected metal fencing on our boundary. Which is an eyesore. Would anyone know the rules regarding this issue? Please. The neighbour is not approachable in any way. Thank you in anticipation. Jenny.
Suzy 06/05/2022 at 12:27 pm
Ditto. We came home yesterday to find our neighbour painting our fence grey on his side. This fence was erected March 21 so wasn’t in bad state of repair. We asked him to stop he was abusive swearing and saying he would hit my husband. He said it’s my fence and I can do what I want. He is a bully. We already fell out over the annexe built in garden for step dad on PD. Local council said it was an outbuilding with toilet. It’s more than that. We think he is going to do the side fence next even though we asked him to stop. What can I do?
Burnso 26/09/2021 at 9:05 pm
My neighbour has painted his side of my fence without asking my permission. We have tolerated many things from him since he moved in 5 months ago from noisy DIY early in the morning (5.50am the other day)/late at night to him telling me what alterations I need to make to my property to him complaining to the council about my recently built conservstory, so him painting the fence is the final straw that broke the camels back.
Therefore,can you please advise me what action I can take agsinst him and how I go about it.
Many thanks.
Gabby 19/07/2021 at 8:25 pm
I have erected a new fence a 20 or so cm into my land (not by choice, just what the fence chap did). It consists of a 30cm gravel board and a 5ft fence panel. This fence forms the back fence of a neighbour’s property. The land on his side is 1 or 1.5 feet lower than my garden. He is demanding I remove the gravel board as the concrete is an eyesore and that the fence is too high from his point of view. The total structure from my side is 1.83cm (6ft). He also says that i need to re-erect the fence 20cm further back onto his land. Where do I stand?
Dee 26/06/2021 at 7:59 pm
Hi we have had a conservatory built.

Our neighbour agreed to the party wall which is part of the conservatory wall although nothing in writing.

Our neighbour now wants to build an extension but it has come to light the conservatory builders have built into our neighbours boundary. We were unaware of this until the neighbour is saying they want us to take it down otherwise they lose a lot of space.


The company whom built our conservatory 3 years ago are now in liquidation !

Help what can we do?
livingnexttotrolls 21/06/2021 at 6:58 pm
We recently purchased some land at the back of our property. Our garden is now the same length as our horrible, immature, condescending next door neighbour! A few years ago when the fence in between our gardens needed replacing, we contributed to the panels which covered our garden length and the neighbour had to purchase more because their's was longer. Now we have purchased this land, we want to paint the fences to match the rest of the garden. And as our garden is now the same length, the extra panels now become part of our boundary fence. Throughout the process of buying the land, which was a long, drawn out process, we did offer to give the neighbours money for the extra panels that were now part ours. But throughout the course of negotiating the purchase, the neighbours have been just plain awful! Being extremely difficult was an understatement! Basically behaving like a 5 year old and having tantrums at every opportunity. I am that annoyed with their behaviour and attitude over the past two years plus, I refuse to give them anything let alone money, that, to be honest, is for fence panels that are now 5 years old. Obviously, in the future, if the fence needs replacing then we would have to contribute. But in the meantime am I entitled to paint these panels on our side?
Need advice 15/05/2021 at 8:16 am
Please can someone help. Me and my husband recently renovated our garden, costing us a lot of money. We brought a new fence panels which costed hundreds of pounds. Our neibourbour told us that they were going to paint their side of our fence (the side which faces their side). We said only if it's the same colour as what we're currently using and explained why. We explained that we don't want a different colour seaping through. Especially a darker colour to what we are using as it would be difficult to cover and we would have to replace the panels -ourselves.

Despite explaining this, they have gone and painted it a darker colour anyway.

What can I do about this.
Ted 04/05/2021 at 5:52 pm
Iv a gff in half house type. Secure council Tennant.
Theres a lady upstairs private. She been there 11years. Iv been 2.4 yrs.
She has her own access to her own garden around the building. But want to use my gate access to walk through. I don't want this. Now the council are suggesting to put a fence through my garden to loose part my garden at council expense. To add land and value to her deeds. In a pandemic. This is ridiculous.
Iv had to pay for a land Registry. Which states she only has access for emergency sewage and water.
Its seems the council are not protecting me a council Tennant. It seems they more for upstairs lady. She should be private sector.
Please help me urgently.
Legalbeagle 24/04/2021 at 8:59 am
Hi Fenceworryer,

Unless there was an an express condition in the title deeds for the house that requires you to maintain your side of the fence to your neighbour’s specifications (which would be very unusual), then there is absolutely no obligation under law for you to do what they’re asking. If you don’t have a copy of your title deeds, or having trouble understanding what they say, Citizen’s Advice or a lawyer would be able to easily check this for you. Hope this helps.
Fenceworry 22/04/2021 at 9:15 pm
Hi. My neighbour owns the boundary fence between ourn2 gardens. They have stated it is our responsibility to stain/paint the fence our side at our expense, and they have also stipulated the exact colour and make of paint we need to use. . Is this correct that it is our expense and we have to use the colour they want.

Having sleepness nights worrying so any advice would be most welcome.
Lyddy 13/04/2021 at 8:16 pm
Our property (garage wall) extension was built within our boundary - not a boundary wall - our neighbours want to replace the wooden fence that attaches to our wall (previous neighbours) with a brick wall - permanent structure - we have said we are happy for them to cross the boundary across to the wall but not to build directly onto the wall - understand there is something you can insert between the walls. We never put a fence down between the properties - wish we had - they are now not talking to us.
Sparky 12/04/2021 at 1:13 am
I have two sheds my nabour has the right of access to one of them on my land.i have no privacy. The sheds have a asbestos roof brick work rotten. Needs pulled down. My nabour has all his garden! I haven't I want to put a summer house and buy a new shed for my self.how do I get him out. He hasn't payed a penny for using it for free.i feel like a mug.can you help thanks sparky
Ashlea 11/03/2021 at 5:53 pm
Hi, really hoping someone can help. My neighbour has given me a tiny strip of land next to my garage and is happy to sign anything I need him to so that I can use it forever without any problems. I concreted it and fenced it off a long time ago as I have always maintained it and my neighbour was happy for me to do whatever I liked. We have drawn up an agreement that we have both signed but didn’t want the hassle and expense of solicitors. His daughter who will inherit the property is also happy with the situation. However I am worried what will happen in years to come after my neighbour has passed away and, for example, the daughter decides to sell eventually. Any understanding of where I stand would be gratefully received ??
Steph 20/01/2021 at 6:22 pm
I live in a ex council house and as I look down my garden from the front door on the left hand side is large overgrowing tree which is just over the fence and the trunk is pushing out the mesh fence and pushing up the earth next to my back door and there is a huge overgrown hawthorn hedge down the garden.The land belongs to a old farmer and I asked him about if he could cut the hedge and tree down as I worry incase a branch will break on my house but he said the boundary is my responsibility even though the roots are in his field ,my daughter did a online land registry plan for me but didn't say which boundary was mine only the garden plan ,I dont want to take it to a solicitor as its costly business and I'm on a low budget but just wondered if anyone had any advice ,I havnt got the deeds as my excouncil house isnt paid yet.
lana 02/01/2021 at 9:35 pm
My neighbour has changed the fence line and put his fence up beyond his boundary. In doing so he has landlocked my garage. Is this allowed. The boundary wall was installed by the builder. The previous tenant installed a fence but went up his boundary wall. This new tenant has gone round his boundary wall and put two posts on my land.
Don't careanymore 06/10/2020 at 6:44 pm
I put up a fence which is withing our boundaries, everytime someone comes to the neighbours they come to my fence talk in their languages over my fence, shake it hold on to it I told them if they have a problem why can't they go to the council they have damaged our fence and wrote Out on it I am totally fedup with these people they built a shed we never bothered them we even let them use our garden and now they are so ungrateful for what they are doing to us
Jackie 28/09/2020 at 6:11 pm
Weve lived on our property for almost 17 years . we walked over the property showing where our property line was supposed to be . recent someone bought land that borders our land and now what we were told was our property boundaries are not. We have maintained a road through our woods to the northeast corner we thought was ours but new owners have put up no trespassing signs and destroyed the property cutting trees down there . they had their land surveyed and we had ours done as well. Is there any way to claim yhe land we have thought was ours for almost 17 years now. The land that borders ours in this dispute have been empty for 15 or 16 years now .
HappyDays 28/09/2020 at 2:50 pm
I bought my property 26 years ago...It was end of Terrace and was beside a college that was taken down 10 years later and houses were built on the side of my house and at the rear of my house...I have a huge dividing wall going up one side and a long the back of my property that was taken down and rebuilt...I have painted the wall for 26 years within my property. When they reconstructed the wall they put little slopes either side and a flat top on the wall. I have new neighbours and they have just painted their house and also the wall within their property and the slope at the top of the wall and also the flat top bit of the wall...some of the wall goes along their neighbours property too. which they didn't paint but that bit of wall goes along my property line..the whole wall is from the side of my house that follows along the back of my small yard...So when I paint the top flat bit of the wall I have to stop at their tiny Green bit and it will look odd..I have tried to explain this as best as I could..Help x
Dennis 21/09/2020 at 10:12 pm
we have a problem with our neighbour. Are they allowed to lean over the fence to paint our side of their fence
Linda Grafton 17/09/2020 at 10:06 am
My garage wall looks onto my neighbours but is within my property line and not a boundary wall and also I own all the boundaries around my property-is it illegal for my neighbour to paint my wall and add plastic covering to my wooden eves-thanks Linda
Bigdogg 07/09/2020 at 9:47 pm
Put a fence up and the neighbour is saying it’s 5cm in her garden and wants it moved we never touched her garden hers was turfed ours was soil because Astro grass was being installed after fence went up she has waited until all work complete before complaining decking,slabs,Astro grass plus drainage
TJ 04/09/2020 at 8:20 pm
Since I can't get into the Next-door website (COVID related, likely) to ask for consent forms to paint our house, will the world come to an end if we can't get the approvals signed? Season is coming to an end soon, and we need to paint this year.
Abz 28/08/2020 at 3:40 am
I bought my house 5 years ago and about a year ago I realised the partition wall upstairs is in the wrong place and has been built from plasterboard after knocking the original partition wall that was built from Bricks and my next door neighbour has took half my bedroom upstairs.
My neighbour knows he's got half of my bedroom and doesn't want to fix it. what can I do can anybody help me please
Catali 06/08/2020 at 5:45 pm
I recently started to build an 18ft long by 8 ft wide store to side of my house. My neighbour did not like it, it does not obstruct his view or light in any way. He reported us to planning & they confirmed what we already knew- that we did not require planning permission. This store is right to the boundary fence which we own. My question is if the guttering is millimetres past the fence post, will we have a problem. We never had any issues in PST with this neighbour but he likes to tell us why we can & cannot do.
Morgan 21/06/2020 at 7:15 am
Hi, I have recently spoken to a neighbour regarding a boundary issue and sent them an email regarding the issue with a copy of my transfer lease plan to show the boundary on it. I did this before adding legal expenses to my home insurance, which I have now. Will I still be able to claim off my insurance if I need to move this forward, or will this constitute “ongoing”. Or will I be able to access it because I have not yet consulted a solicitor? Would be grateful for advice.
Neighbor sprays me a 11/06/2020 at 2:40 am
I've been having issues with my neighbors to the point where the landlord had to split the yard in half that way I went out to getting harassed by The Neighbors today I was walking my dog on the sidewalk with crosses in front of their house for the neighbor who is watering the grass to turn on a sprayed my dog and I with the hose because of that my dog ran out into the ROAD while he was hitched my waist wich was attacheted leash on my body pulleing me out to the road with him, luckily there was no cars coming our way or we both would have got hit, then he laugh and then returnd to watering his grass not even saying sorry nothing,what am I supposed to do???
Neighbor sprays me a 11/06/2020 at 2:35 am
I've been having issues with my neighbors to the point where the landlord had to split the yard in half that way I went out to getting harassed by The Neighbors today I was walking my dog on the sidewalk with crosses in front of their house for the neighbor who is watering the grass to turn on a squirt me and my dog with the hose my dog ran out into the yard while he was hitched me on a leash on my body pulled me out to the road with them luckily there was no cars coming our way or we both would have got hit then he decided to laugh and then return to watering his grass what am I supposed to do???
Craig 09/06/2020 at 6:53 pm
I repaired My fence that the neighbours kids broke jumping on the trampoline, Iv now painted the fence and he’s painted it and all the paint has come through so Iv painted it again to remove all paint and now he’s painted it again and used expanding foam to fill all the holes which has dripped all over my artificial grass and decorative stones. And screwed into my fence not only to put up garden lights but now added more weight buy screwing in bamboo panels in my fence!!!! is this right? Before I lose my marbles!!!
Hutchy 29/05/2020 at 9:38 pm
My neighbour has asked me to move the boundary of the new fence I am erecting to allow him to access the rear of his greenhouse if a window breaks in the future.
Loobylj 28/05/2020 at 9:51 pm
I’ve lived in my council house for 25 years, got bad neighbours, she has put in bigger panels than what were in and are bigger than the posts, look awful can she do this?

Thanks
Dawn 24/05/2020 at 6:54 am
Hi, i have lived in my council home for nearly 30yrs now and even though 5 years ago we had permission to take out our hedge my new neighbours are now digging out soil to plane a hedge between our boundaries at the front of our houses, Can i disute? As im getting too old to upkeep a hedge and we put all gravel down as had a driveway put in and the mess is going to be a nightmare to clear up on gravel :-(
Luki 01/04/2020 at 2:26 am
We have a large Monterey Cypress tree in our garden approx 22.5 meters high. The roots have grown over the years and have now encroached and lifted the boundary fence of our neighbours' property. Our neighbour has got a solicitor letter and demanded that we cut the whole tree down including digging out the roots and then replacing his fence panels. Is there any way we can protect our beautiful tree from being felled?
The donkey's bolted 20/03/2020 at 6:29 pm
There was a comment on the 21st Jan @ 7.19 2020 from "seriously fed up neighbour" about boundary disputes, which I was very interested in, but need to know more about as in similar position. Is it possible to expand on what people can do if a neighbour encroaches on to your property, without your permission and refuses to speak or respond to written correspondence and has sent a message through tradespeople who carried out the encroachment on neighbours behalf that Adverse Possession is planned. Also harassment involved. Similar situation, worried to death about cost, as o.a.p. The situation began in Oct. 2018. I have already obtained the "Initial report", have had solicitor write to the neighbour , but neighbour avoided responding to boundary situation and trespass and concentrated on the woes of having neighbours like me. Am I correct in believing that once I have Court Prepared Report done, I can get a solicitor to write to said neighbour, give 14 days that encroachments will be moved etc. Any other information is gratefully received.

I have been told that when an encroachment takes place, if you write to the neighbour every 10 years objecting to the encroachment, adverse possession cannot take place but if selling it can still affect value of property. Does anyone know if this is the case? It has to be done properly, and best done through solicitor. Proof required.

Have also heard that after so many years that, something like 20 years, time runs out and neighbour cannot re-apply. Would anyone be able to elaborate on this?.

These situation can seriously damage your health. Cheers
David 08/03/2020 at 9:53 am
I had some old stable buildings which was adjacoint to my neibours farm track and field. the buildings where damaged during a storm, roof of and walls came crashing down.

I made a planning appliction to rebuild, on the same foot print and have done so. howwever, we need to have access to next doors field to put up the guttering.

As a note the first two feet of the land is mine anyway, but he agrues that point and conciddering we both own 20 arches of filed adjoitning each other im not fussed.

I do not cncidder this to be a new building as it is build in the original foundations and foot print. was the work nessacary yes it fell down, am I covered under the accessing neibours land act.?
baldtalon 17/02/2020 at 12:32 pm
Hi, I moved into my house on Aug 23rd 2019. immediately upon moving in I started to complete my snagging list. The very first thing I noticed was That the boundary between me and my neighbours curved so significantly, that it appeared that my neighbours garden was right under my front window, I mentioned this to my neighbours and told them that I was querying the boundary. I consulted my disposition and title deeds to discover that this appeared to be quite significantly wrong. I have consulted with the developers who have confirmed that the boundary hedge is indeed wrong by about a meter width along the length of the garden. They have since tried to approach my neighbours to let them know that they planned to rectify this. Neighbours response was to discuss this through their lawyers.
Do I have access to what I have been told is my land whilst this goes on?, the neighbours are treating it as theirs. Measurements were taken and the actual correct boundary was pegged out and marked on the adjoining pedestrian walkway. these marks and pegs have been since removed by the neighbours. I am having my garden landscaped for the spring, getting quotes and planning what I need. I obviously need to include all my garden in this. what are my options.? Please help highly stressed and frustrated.
Parkingdiva 06/02/2020 at 9:20 am
i live in a townhouse with communal parking everyone double parks as they have 2 cars
All was ok for the last 13 years as I only had 1 car, however my son recently turned 18 and I purchased him a car I am now having notes left on my sons car about parking everyone has a garage and a space and as I said everyone double parks so we have done the same but they don’t seem to like this even though there’s plenty of room. Any advice before I go to a solicitor I have tried talking and being nice but it’s all aimed at my son who they think they can bully
SeriouslyFedUpNeighb 21/01/2020 at 7:19 pm
Just want to give everyone here a little legal info. Not a solicitor but I've spent so much £££ on RICS surveyor and top notch solicitor on my ongoing boundary dispute, I've become an expert!
Regardless on how long your neighbour has 'adversely possessed' your land unless they apply to the Land Registry to legally own it, it's still yours. Most websites state it does belong to your neighbour without them having to apply to LR .... trust me it doesn't until Land Registry give it to them!
I quote "have been in possession of the land for at least 12 years prior to October 2003 AND have made an application to Land Registry for registration under paragraph 18 of Schedule 12 to the 2002 Act, or..... have been possession of the land for at least 10 years, have made an application to Land Registry for registration under paragraph 1 of Schedule 6 to the 2002 Act, notice of which is given to the registered proprietor who then has a period of 2 years from their objection to remove you".
Land Registry plans give a general boundary, unfortunately you have to instruct a RICS surveyor to measure your legal / true boundary. I instructed ours to give us a Court Prepared Report - which delves into all historical documents / aerial photographs etc! Does cost more but if your dispute is as bad as mine, it's worth it!
Don't just agree or stay quiet when your neighbour is doing something you believe is wrong, as they tend to take advantage of this! Stick to your guns, be strong and don't let them doing anything without you absolutely agreeing to it in writing. Also, send them registered letters - quoting 'without prejudice' with your concerns and / or you do not permit them to put anything up within your boundary.
Anything within your legal boundary, you are within your rights to remove it. Best practice is to inform your neighbours that you will be doing so. ie give them 14 days notice in writing through a solicitor and as the police told me, this is sufficient to thereafter remove whatever they have erected within your land to remove & your neighbour cannot sue you for criminal damage - but do remove it with due care and record footage of you doing so.
I could go on & on.... good luck everyone!
cat 23/10/2019 at 3:34 am
About gutter: our neighbor has built a new gutter recently. There is a 130 cm distance between my neighbor's house and our drive way. They changed the opening of the downspout extension to face our side. There is a 72 cm distance from the opening to their house and there is a 58 cm distance from the opening to our drive way. I have concerns that by having the opening facing our drive way, it might be easier for our drive way to be flooded. I don't know if one can have the opening of the gutter-downspout extension facing other people's property. I appreciate your advice. Thanks.
ana 11/10/2019 at 1:02 am
I need some help pleas we have lived in our concil flat 6 yrs we are lower flat the flat is privately owned we have just been informed that the new owner has suggested that the side of the house is shared and she wants access the side of the building is our entrance and gated and fenced with the concil permission as we have a dog we have spent lots of time effort money making it look lovely for someone to come along and demant half the garden in 6 yrs no one ie the council or the previous owner have ever mentioned that it's shared we have had 4 concil managers visit and have always said how lovely n private it is we were granted permission and that was that unroll now now the new owner is about to complete and has already complained to the council and the new housing manager has said we need to reapply for permission as the fence is 6ft that's what we applied for now she saying it has to be lowered too four ft this also was never mentioned for the whole time until now she also said we now have to give the new owner access too the side of house can i get a copy of the boundaries and were do I get a copy from because I don't believe that it's in her deeds as I've asked to see paper work and nothing the council land man is coming out to look at the property in the meantime can i do this independently as far as deeds and boundaries go were do I start please help thank you ana
Cottage Owner 29/07/2019 at 12:12 pm
Hi - bit of an odd one this - our cottage has a couple of ground-floor windows (non-opening with privacy glass) on our boundary wall which look into a neighbour’s garden area and are important for lighting our internal areas. Unfortunately the garden contains a hard standing area and our tenant neighbours have taken to parking a high-sided vehicle (Landcover Defender) against the window blocking a lot of the light for weeks on end. My wife, understandably, also finds this oppressive and an invasion of privacy as someone could conceivably sit in the vehicle and look into our cottage. Also, we can’t get to the window to clean it. The landlord is not interested in helping and the tenants say they can park where they like on their rented land. We are not sure what to do - the tenants have been a nuisance to us in other ways in the past but we managed to settle things amicably. This time they will not budge. We’ve taken some legal advice but it all seems to be a grey area. We could try for council mediation but are worried that if we go down this official route that we may not be able to sell the cottage later as this would be something we would legally have to disclose (or have we passed that point already?) Thanks for any advice.
None out 28/06/2019 at 9:09 am
Our neighbors are having a 4 metre extension built a fence post away from our house it’s being funded by the council l am totally opposed to it how do l protest as
4 metres us to large
Susan 24/06/2019 at 10:28 pm
We fell out with our neighbours about 14 years ago about damage to our car and the police were called. Since then we just don't speak. Last year they took out my fence panels that were old and raised the height with new ones by a foot. Without consulting us. I would like to paint the fence on my side to match the one at the bottom of my garden but even though it shows on the deeds that it's my fence they put in new wood. What can I do.
QuietLife 08/06/2019 at 2:12 pm
Neighbour erected a 6' fence to his front boundary between our adjoining sitting room windows. No worries. Now he has strung fairy lights along the top and fixed a string of them to my side. They flash every night into my sitting room window. It is a deliberate action to antagonise me since I removed my lilac tree at that point to allow more light to my front garden plants after asking if they would please prune their holly to the height at which it was always kept by their predessessors and receiving several rude tirades, all seeking to intimidate me. May I remove the lights on my side and leave them to hang, working on their side? I can't speak to them as they have have spent 10yrs trying to cause trouble since I asked their daughter, then 8, to stop climbing into my rear garden to play!
Sam 04/06/2019 at 6:55 pm
My neighbour - Landlord owned rented property asked us to pay towards cost of new fence fence was on their side of boundary wall which is a shared boundary (terraced house garden) we told them we don't have the money to help pay towards it, they said they would sue us ! Pretty sure we don't have to have a fence. They sent someone to remove broken fence who told me the wall was leaning and unstable, the boundary wall was built in 1860 and has been leaning the entire 22yrs I've lived here, I own my house. Anyway yesterday I saw new fence panels arrive and thought oh well they have decided to pay for and replace the fence, later I hear loud banging and look out to see they have removed the boundary wall! No agreement or notification with/from me to do so, the man doing it said it's falling down and would cost thousands to replace !! Surely they cannot remove the wall without agreement from me, worse the horrid tall fence they have now put up on the line where the lovely old boundary wall was ! I am fuming! What can I do?
Dags 17/05/2019 at 1:41 pm
I have a back garden fence that has been damaged i have minor repaired it i cant afford to replace at min.i have recieved a letter from neighbour saying fence is on his side of boundry line ,the fence in question has been there 30 years longer than myself or my neighbour have lived here where do i stand
Face-1 17/05/2019 at 11:00 am
I'm not too certain where to post about this but i guess this is the best i have been able to find, our neighbours did some work to their conservatory a couple months back which involved extending it out, when doing so we had explained they needed to leave some space for their own independant gully multiple times, however that information has gone ignored and instead they decided to have their gully come onto our land and go into our own gully, is their anything we can do about it? they didn't even repair the wall they took down to do this work, we are debating to just rebuild the wall ourselves and block off their gully they made that protrudes into our land, can anything go wrong with this?
Smash 08/05/2019 at 10:33 pm
My new neighbour has mutilated our joining hedge, then left the trunks and part of hedge on my side with big holes in and put up a fence on her side. My deeds state that the side that we are responsible for the upkeep of that side of the garden. Has she broken the law as she has damaged the hedge and has told us if we touch the hedge we would get done for criminal damage.
JW 27/02/2019 at 7:35 am
Hi, we are going through a really stressfull dispute with our neighbours and I'm probably clutching at straws here...but if the dispute case is started by a couple who split up and part during the dispute, can then one of them carry the dispute on or does it become 'void' ?
(Probably a stupid and obvious question, to which I'm pretty sure I already know the answer to but just wanted to double check! sorry, just want this nightmare to end!)
M 05/11/2018 at 10:55 am
We are currently having a joint wall and fence erected on our boundary wall paid for by both us and our neighbour. The neighbour wants the gap between batons on the fence a certain width, to match another fence they have which leaves little privacy. We would like to put batons on our side of the fence which would effectively fill in the gaps. Is this something we can do? Thanks
gloworm53 01/11/2018 at 12:08 pm
Our next door neighbour has removed our chain link boundary fence without our permission. We have erected a wooden fence within our boundary covering the majority of the garden but there is a strip of some 5 metres between a side gate and shed where our oil tank used to sit.We now use this to store bins and garden tools etc but because he has removed the chain link stuff keeps falling onto his property which has made him very angry and abusive.Can we force him to re-instate the chain link as it was ours in the first place
ProblemNeighbours Editor 12/09/2018 at 10:41 am
No, if it's your fence, your neighbour cannot attach anything to it or paint it.
marthamonkey 04/09/2018 at 5:05 pm
I bought a new fence last year and it was treated with stuff to maintain and protect it for the next 25 years.New neighbours next door have painted it their side even though its 2 inches within our border. Are they allowed to do this. they never even asked us if they could do this.
Jazz 27/08/2018 at 4:10 pm
My new neighbour asked me to replace a fence i am responsible for and split the cost. I advised him that i couldn't afford this at the moment. He went ahead and got quotes and kept asking me over and over again for the money - I kept telling him i could not afford to replace the fence. During this time he has taken down the fence panel's and trellis and has damaged a lot of climbing plants. He didn't ask me for permission to do this. The concrete posts are still up but as they are not 100% straight couldn't be used for the type of fence my neighbour wants ( yes he is even expecting to have the fence of his choice!) I have now planted a laurel hedge inside my boundary but to grow instead of a fence. It's all i could afford to do. I have attached solar lights to the posts until the hedge matures ( primarily so i can see them in the dark when i am reversing off thd drive). If my neighbour now tries to remove the fence posts what can i do? I find him intimidating and l am a single parent. I Have very limited funds and could not afford legal fees to sort this out.
Baz 23/08/2018 at 6:13 am
My neighbour has planted shrubs against my boundary wall and tree about four inches from the wall.
What are the minimum distances for planting.
ProblemNeighbours Editor 14/08/2018 at 11:14 am
We don't know enough about your property and whether the garages were there when the property was built or not etc. Please check your title deeds to see if there is anything that refers to a garage or to responsibility for erection/maintenance of a fence.
n/a 13/08/2018 at 7:17 pm
I've recently purchased a terrace house which had a garage in the back garden which due to it being dangerous we had removed.. My next door neighbour also has a garage that takes up almost all of their garden and which crosses my boundary. The neighbour is demanding that I have a fence erected in my garden because they paid a lot of money for and that it wasn't built for my benefit. Does this mean the wall is a party wall and am I duty bound to do as they say? Your advice will be really appreciated.
ProblemNeighbours Editor 10/08/2018 at 3:07 pm
This doesn't sound correct. If your fence has been there for all the 51 years you've lived there, it's likely that it's (a) in correct position on the boundary line or (b) yours by virtue of adverse possession (you would need to speek to solicitor for details of how to apply for adverse possession. Your neighbour sounds like a bit of bully, talk to Citizens' Advice for more individual help.
Whitty 10/08/2018 at 9:03 am
We have lived in our property for 51 years. There is a fence on the boundary which we have paid for and maintained.new neighbours have purchased the next door property and verbally expressed their intention to build an extension over the boundary as he claims our drive is a few inches wider then theirs.can he force us to allow this ? The previous owners who have died never mentioned this nor did the new owners before they bought the property. We have not been approached by a surveyor to measure our property. I am rather elderly and this is making me ill. As if they move the fence it will further impeded poor access to our garage which is already difficult to back out of.
ProblemNeighbours Editor 07/08/2018 at 10:27 am
It's worth checking all the documents that are held with your deeds as the title plan itself might not show sufficient information. You can obtain the title deeds from HM Land Registry for a small fee.
Elyshe 05/08/2018 at 4:18 am
Hello
I would be grateful for your help. I’ve just moved into a semi detached house. There is a boundary wall in the front of the house and my neighbour has decided to erect a sandstone ornament on the wall.
I approached the neighbour gently to ask if he wouldn’t mind not putting it on the boundary wall.
He advised the wall was his so he could do what he wanted.
I’ve looked at my title plan and there is no reference to who owns the wall.
I have gone back to my conveyancer who acted on my sale because in her notes when I was buying the property it says I’m jointly responsible for maintaining this boundary wall.
I’d like to be able to prove that he needs my permission to put this ornament on the joint boundary, but I’m not sure how I go about proving this.
Pls can someone help - this ornament is ghastly, large and soon to be cemented to the wall!
Thanks
ProblemNeighbours Editor 24/07/2018 at 10:40 am
If the statement relating to the fences is a restrictive covenant it will probably continue through future owners and there is a probably a similar statement in your neighbour's deeds. If no hedge/wall or fence other than an approved type can be installed whoever benefits from the covenant could take action. Seek professional legal advice to get this resolved if you can't come to a mutually acceptable solution with your neighbour.
Frustrated 16/07/2018 at 12:42 am
My external wall of my kitchen is in neighbours garden and they have attached a lean too greenhouse to it. I now want access to the wall to repair and maintain and have been told if I want to do this I must move the greenhouse and put it back at a cost to me. A) is she allowed to do this anyway? B) what can I do to make her understand this is unreasonable behaviour. Any help greatly appreciated
ProblemNeighbours Editor 04/07/2018 at 3:28 pm
It is the dog owner's responsibility to keep the dog in their own property. Even if the boundary is your responsibility, this does not mean you must construct a fence of sufficient strength to contain an neighbour's dog. If the dog has damaged your fence you can claim for the damage from the dog owner.
ProblemNeighbours Editor 02/07/2018 at 12:55 pm
The wall should not be attached to your property unless that was how it was originally built. Similarly a boundary fence should usually be built on the boundary line or on the side of the fence owner. Unfortunately without more information we can't offer specific advice, so you might want to discuss this with a legal professional/surveyor etc.
Ming11 29/06/2018 at 9:50 am
My neighbour is re-doing his garden. We have an extension at the rear that runs along the boundary. The boundary is his. The neighbour has said he will build a tall new wall along the boundary at his expense. We initially agreed to this, but even though it is his boundary wall, he is starting to build the wall on our side of the boundary, attaching it to the corner of our extension.

Since it is his wall in effect, by building it our side of the boundary, attached to our house, will that affect us when we try to sell our house in a couple of years?

We are really concerned now!
Thank you.
ProblemNeighbours Editor 19/06/2018 at 2:14 pm
There are no specific yes or no answers to your questions unfortunately. If two neighbours are jointly repsonsible for a boundary fence they are expected to work together/cooperate to maintain it etc. The property deeds may give some more detail on this but usually they simply refer to owners being jointly responsible. Mediation/alternative dispute resolution might be the best option here.
Green 18/06/2018 at 2:31 pm
The responsibility of a boundary fence belongs with both neighbours. Neighbour 1 put up a tall fence on their property, and the boundary fence was later removed by the deceased husband of Neighbour 2 (so Neighbour 1 could’ve given permission even).

Neighbour 1 now requires Neighbour 2 to replace the section of the boundary fence that was removed without authority or permission and reinstate it to the original specifications using the same materials, and reminded them that removing any of their property with the intention of permanently depriving them of it is an offence.

1) Is there a time frame that complaints about the removal of a shared fence must be made in?
2) Do they have to put it back to the original specification bearing in mind the original fence was built more than 25 years ago
3) How can a fence be put back onto the correct side of the concrete posts (which are still standing) when Neighbour 1's fence is now in the way?
ProblemNeighbours Editor 06/06/2018 at 2:44 pm
You could include the information on the sellers questionnaire for the benefit of the buyer if you decide to sell.
K 05/06/2018 at 9:05 pm
Hi, we got our boundary checked by a surveyour to see where we could put our gate on the side of our house between our house and my neighbours extension. No dispute or anything, we just needed the gate up. Do we need to tell buyers we had this checked even though our neighbours have no issue?
Rozzie 31/05/2018 at 11:27 am
My neighbour is often complaining about a holly tree at the end of our garden - we had it drastically cut back and he has permission to cut overhanging branches -he did and threw all the cuttings over to our garden stuck in between our shed and his garage wall without telling us - he’s now demanding again we get someone in to trim the branches (there are two) and we have this booked but he’s now insisting Amy damage to his garage roof we will need to pay for as last time it cost him £3k to fix (he’s an alcoholic and this figure keeps changing and he built the garage himself and I doubt it cost him that much to build it!). Again I’ve given him permission to cut the two branches before the tree guy can get there - as I’ve done this would I still be liable to damage by the branches? I don’t think they even touch his roof. Incidentally he built the garage taking down his garden wall (to our left) and we know have this large yellow garage as the wall instead of the lovely wall boundary that was there - could he have done this legally? We are the last of the neighbours that talk to him civilly but this is soon to stop!
ProblemNeighbours Editor 14/05/2018 at 2:00 pm
If it's the boundary fence - the neighbour doesn't have to remove it. Check your deeds to see if either resident is responsible for maintaining a fence on the boundary etc.
Jenny 14/05/2018 at 8:01 am
Our neighbour has put up a new wooden fence but has not taken his old tatty wire fence down and metal posts which is an eyesore and leaning into our garden. We’ve asked him nicely if we could remove it but he said we can’t as it’s his boundary line and still his property! There’s about a foot gap, in between the two fences which have weeds etc. What are our rights please?
ProblemNeighbours Editor 04/05/2018 at 3:28 pm
If you've tried everything else and this is causing your an incovenience, you could consider a private legal action. Many solicitors offer the first half hour consultation free of charge so shop around.
nigs 03/05/2018 at 3:30 pm
Hi, I am having problems with my neighbour parking on my driveway, it is an open/shared driveway but he parks at an angle so the nose of his car is well over on my side. We have discussed this and I have also given a copy of the original plans signed by the builder and 1st buyer to show that he is on my land, yet he continues to do so. He is retired and therefore is at home alot more than us and uses that as an opertunity to park on our side. I have run out of ideas of what to do now. Any ideas of what to do?
Polly 26/04/2018 at 1:51 pm
My neighbour moved her boundary fence onto my property last year, after asking her to remove it numerous times she refused. Her house is now up for sale. Can I make her move it back and am I in my right to advise potential buyers that there is a boundary dispute
ROCKIE 25/04/2018 at 7:43 pm
Hey guys, I recently bought a house and it is on a main stretch of road. The house comes to a footpath and then there's the road so quite close.
My neighbor has claimed ownership of the property surrounding the house up to the wall, so in effect when I go out my back door I have to turn right, I cannot turn left and she has constructed a new build cold house for barrels as it is a pub, less that five inches from my house wall. Then one window looking to the right of the road has a big pub sign in front of it, I asked her to remove as I was led to believe I am entitled to light, she said "NO ITS BEEN THERE FOR OVER 70 YEARS." So I cannot plaster one side of my house which is ancient stone and looks attractive but it is letting in damp, she wont let anyone onto her property to plaster it. Deed maps and land registry maps are very sketchy as it is a very old building. badly need advice. This is in southern Ireland. Thanks everyone
ProblemNeighbours Editor 20/04/2018 at 3:18 pm
Try checking the deeds first of all...they're not always clear but you may be able to establish whether the wall is offset/ not in the centre of the two properties. You might find the pebble dashing has been done/altered over time by someone unaware of the actual boundary/centre. If the wall has been in place since the construction of the houses, that is very probably the boundary. If it turns out not to be the boundary and has been in place for over 12 years, your neighbours could apply for adverse possession of the extra foot anyway. Is it really worth worrying about?
Coopy 18/04/2018 at 5:01 pm
We live in a terraced house and it appears the wall between us and next door is built approximately a foot on our side which gives them an extra foot of garden. Both house are pebble dashed a different coulour so the middle of the two properties is very easy to see. How can I find out if they have part of our land?
ProblemNeighbours Editor 03/04/2018 at 10:29 am
Is there something there to mark the boundary? Whose side is the hedge planted on? The fence is on the boundary and it's your fence, it's criminal damage for the neighbour to remove this. It sounds as though you need to seek some help from a third party (mediator etc) or a solicitor.
StopGardenBullying 02/04/2018 at 2:53 pm
The situation is that despite their evidence there is a lot more to it.
A lot of the time houses are built differently to plans so physical features and historical evidence should also be factored in. Technically unless you have a determined boundary there is not a lot you can do unless you and your neighbour agree on where the boundary is as there is no right or wrong answer.
Unfortunately many buy a home in good faith and there are some vile bullies out there not content with their purchase who will cause misery to others by stealing what they know in their heart of hearts isn’t realistically theirs.
If you have a reasonable neighbour point out the history and that despite their survey you have had an as built survey done and collate your evidence from the history on google earth council plans etc and see if you can reach an agreement. If not mediation/civil mediation and ultimately a court would decide and must be very aware of those that instigate disputes and spoil the enjoyment of those who want to live a peaceful and harmonious life.
Mili 30/03/2018 at 1:12 am
My deeds set out my boundary but indicate hedge between us and neighbour is planted a foot from boundary. Neighbour disagrees and says the hedge is the boundary. They have no evidence but we do. Now thry say that if they tell me hedge is boundary and i dont object in two weeks it is law and she will remove my fence from what is currently my land. Is this allowed?
SeekingAdvice 27/03/2018 at 11:20 am
I need some advice with regards to the front driveway of my house and the issues I am facing with the neighbours.

Currently there is no wall between the two properties separating the drives. On the ground there are bricks laid around the tarmac floor of the neighbour. Looking at the building wall of the neighbour I believe that the bricks are half way theirs and half way mine (width wise). I did not have problem with this before but now my neighbours are parking deliberately on the edge - to the point where if a wall existed they wont be able to open their car doors when parked. I asked them politely to park reasonably to which their response was 'I can park wherever I want on my property'. This has now forced me to have a brick wall erected so that they can stay within boundary.

I have spoken to my builder and he agrees with me that half of the bricks (width wise) are on my side. I asked him to build on top of the existing one (on the half) but he says he needs to dig a bit for the foundation otherwise the wall wont be stable. I am not sure what my legal options and rights are. Can I ask the neighbours to move their bricks away so that we could build the foundation? Can we cut the bricks in half so that we can do the work on our side? If we do that and their tarmac is ruined/damaged then are we looking at fixing their side?

They are being very problematic so having a clear partition will help with having any further bitterness with me I hope. Any advice would be greatly appreciated.
ProblemNeighbours Editor 20/03/2018 at 9:40 am
Why does your neighbour say the smooth side should be on his side? There is no law that dictates this. You, as the fence owner can choose which side to have facing yours (unless there is something in your deeds which states otherwise - this is unlikely). You can also choose whatever type of fence you want. If it offends the neighbour, there is nothing preventing them from erecting their own fence on the other side of the boundary...or a freestanding trellis etc (they can't attach anything to your fence).
ProblemNeighbours Editor 19/03/2018 at 12:00 pm
Does one party have responsibility for maintaining a fence? Are there any restrtictions referred to in the deeds? What kind of hedge has been planted, would they really contribute towards subsidence issues and do you have surveryor's report to confirm this? Is it really an issue if the border line was crossed by a few centimetres? Could you erect a fence on your side of the boundary to eliminate maintenance and prevent the hedge growing onto your side? Sorry there's not much information provided so it's difficult for us to comment.
Zebedy 18/03/2018 at 12:05 am
We recently purchased a detached house and the rear right hand fence as you face House is hours . The neighbour on right has has a few disputes with the person we bought from . Soon after we moved in the neighbour on the right told me that the timber fence is incorrect as the smooth side( support panels on his side ) is on my side when it should be on his . He mentioned this dispute had been going on . I asked my solicitor the position and why it was not disclosed on the form vendor completes on among other things fences and disputes . The reply I got was there had never been an official dispute thus no disclosure. I mentioned this to the neighbour and he is threatening me with litigation suggesting I need to reverse the fence and claim of the previous owner . The fence appears to have been erected over 4 years ago . Please coul£ I have some advice , thank you
lana 16/03/2018 at 12:03 pm
My neigbour, planted hedges on the boarder line. He didnt ask me for permission to plant them. on the day of him planting them he didnt invite us, neither he down the 'string' boarder line to make sure none of them will come to my property.
when i came out to speak to him - he became very abusive, shoutingm swearing, raising his hand on me and telling to go the crazy house. police was informed and statemnt filed for this case.

my concerns on having this hedges is a potential subsidnce issue (as we had many problems before and all due to the trees at my neigbour property.) also the maitance of the hedges from my side - im not willing to take on this job on me...

what shall i do? he defently crossed the boarder line.
Dismayed 06/03/2018 at 12:50 pm
My neighbours have been granted planning permission to to build a two story extension the second floor will block our view and some of our light we have had a right to light survey done but will not lose enough light to get it stopped,the downstairs part will form the boundary between us if we do not agree to a party wall agreement can we stop their builders coming on our property to erect the wall l have read that the surveyor can insist we let them by something called legal trespass.
Marg 23/02/2018 at 10:59 am
I've a bracken fence on my property at front near the neighbours. As we have asked for a colourbond fence they agreed over 9-10 yrs back, but have back on their word soon after we removed conifers there. She wasn't happy do led from bad to worse situations. But before Xmas the husband hedged the plants as he does perhaps once a year. Grow to over 2 metres and messy. Always trespassed told him once but ignored continues towards end leaves a mess. But particular time he was hedging I was in and out this day. Came home and I was vocal look at my fence to my husband. Noticed he had removed up to 2 tall steel pickets from my fence. Which I know the rule he should fix. Told his wife already a week ago. She says why would he do that?? I can't go around as she screams if you walk past touch her lawn. As I got out of a car once in front with our caravan in tow on the kerb verbal obuse. So can you give me suggestions please.
Thanks Marg
lizzy1 07/02/2018 at 6:25 pm
Have had the same neighbours for nearly ten years. Do not agree with her values but have always kept the peace. However she had chickens which were in really squalid conditions and winter was coming. Told her if she did not address this I would contact RSPCA. Wasn`t addressed, RSPCA visited twice and now no chickens! She has now put up 2 meters of split bamboo screening on her side of the boundary fence which is mine to which she has stapled(on my side)black membrane, similar to that used by gardeners under gravel etc. as a weed suppressant.My fence is about 4 feet high with about 18 inches of trellis so her monstrosity towers over it.I am intending to replace my fence and obviously want to hide hers but as 2 metres is the highest allowed without planning which will cost me nearly £200 I dont know what to do. Advice from anyone would be very welcome.
ProblemNeighbours Editor 26/01/2018 at 11:07 am
It's not the responsibility of the estate agent to tell potential buyers about this. The seller however, will be required to answer specific questions as part of the sellers information questionnaire, so depending on the nature of the question, the tree or the neighbour "dispute" may come to light.
Sam 24/01/2018 at 10:03 am
My neighbour's house is for sale... and ever since weve lived here (3 years). There has been a massive conifer in her garden... it over hangs ours and we have trimmed it in the past. Its massive and wreaking our fence and blocking our light.. should her estate agents tell potential buyers that we have asked for her to have it cut to a manageable hight? But she so far has not.
Thanks.
Dazza 21/01/2018 at 10:19 am
A new neighbour has moved in next door and they have made their intentions clear that they intend to widen their driveway at the front of the property. The issue I have with this is that the street is open plan and there is no fence, wall or hedge indicating a boundary. We have a front lawned area that I have maintained for almost 18 years that finishes at the edge of the current paved driveway of the neighbours. If the driveway is widened the edge will take approx 2.feet off the lawn. Whilst I can understand their reasoning for this, because they are assuming a theoretical straight line from a dividing boundary fence at the rear can they just make alterations like this. Because if this is the case and they can just alter the existing layout. Does this mean I can apply the same rule and take back the 2 foot of land from my neighbour on the other side of my property where the same layout applies?
Which would no doubt upset my long standing neighbour.
How do I stop this from happening before the changes are carried out?
Another question, can I now erect a fence at the front of my property now the houses have been up since 1995?
ProblemNeighbours Editor 09/01/2018 at 3:41 pm
We are not aware of any templates specifically for this purpose and it's not one of the templates we provide on our site. If there is sufficient demand, we may consider one for the future.
Sue 09/01/2018 at 1:51 pm
Why am i being discriminated against?. You have taken my comment off. Everything i put is true. This all happened to my family by our neighbours and the police..
Bee 09/01/2018 at 5:53 am
My new fence, in 3 months my neighbour has:
Screwed in hooks forcefully bowing the fence.
Dog has chewed areas.
Screwed in a large washingline onto a post making it wobbly from the weight of her laundry.
Garden furniture/ toys stacked against fence.
Shoved lots of foam up and down the fence in gaps, worsening them and forcing the wood apart further.
I don’t have anything on it on my side, I just want the thing to be left alone to do its job as a fence but she seems intent on breaking it / using it for things other than its purpose.
She refused access to her garden for it to be repaired. I would like to know if theres a letter template out there somewhere listing that it’s actually illegal for her to tamper with my property that I could show her?

Thank you.
ProblemNeighbours Editor 02/01/2018 at 2:03 pm
It would be better to check your deeds to make sure you have evidence of the boundary. Regardless of where the boundary lies he should not nail or attach anything to your fence.
annie 31/12/2017 at 7:44 pm
I have a new neighbour and we have my fence and his fence between the gardens. he had trees in his back garden.he has now taken down all the trees and moved his fence and nailed it to mine. the fence blew down due to the storms by I have noticedwith the trees removed it is noticeable that he has over taken the boundary and my garden by at least 2 feet.

only thing is the tree stumps which were his trees are now between the boundaries of both houses.

can I errect a new fence taking back my land. or will I need the deeds of my house to confirm that the land he has taken is mine
The rasher 28/12/2017 at 6:22 pm
Next door want access to my garden for Scaffold also take his garage wall down whitch my roof is been fixed to for over 30 years what can I do about this will go to Citizens Advice
Thrash 28/12/2017 at 6:03 pm
Next door want to take his garage wall down, which will Expose my smaller walk through, with Garage doors, front and back and Leantoo Roof and Biuld A two Story Extention Full Lenth Also wants to put his Scaffolding in my Garden, it will Leave all my Kit drills Electrial Everything in the Open, it's been There since we moved in all I have done is put new doors on 34 Years wot are my Rigts.
ProblemNeighbours Editor 04/12/2017 at 3:42 pm
Unfortunately if you can't resolve this between you and your deeds give accurate details of the boundary, your neighbour will have to take legal action to get this resolved.
,.. 04/12/2017 at 12:09 pm
Hi i have a detached house with drive and garden under front window my neighbor is trying to claim six inches of is his were quite clearly there is a boundary line and divide fence before his path and driveway I've shown him the planning deeds but he still disputes it... I he property are typical semi builds from 2002
ProblemNeighbours Editor 29/11/2017 at 2:54 pm
Does the gate prevent you entering/exiting your property? Do you need access into your neighbour's garden for some reason? Sorry but there's not really enough information.
Katia 26/11/2017 at 9:27 am
Hi, I live in my house for over 15 years. There were always a gate between my garden and neighbour which is hanged on the neighbour outside wall. They have recently told me that they will be removing the gate because will be doing some work to the wall. I have agreed but I wish the gate come back to the same place where have been for last 15 years but they disagree. Am I allowed to put it back to the same place?
Meg2308 25/11/2017 at 9:42 pm
Hi all, me and partner have bought house of our dreams - perfect!
However, there is a joint path that runs alongside our drive and alongside neighbouring properties hedge. The house next door is council owned, however we have never met the tenants despite being there 6 weeks.
Contacted the council to mark the boundary so we can erect a fence (next door seem to think our drive, between our cars is a shortcut to their front door), and they told us we cannot move the path slabs and the only way we can erect a fence is if we put the fence on our side of the path resulting in us losing about 8” of land which over a period of time I believe would under common law, become the land of the council.
The reason they said we cannot mess with the slabs is due to our neighbours access (ambulances, white goods etc.) which would be totally acceptable if they didn’t have a gate across THEIR drive that they have chosen to padlock. Also, the hedge that belongs to the neighbour can surely be cut back to maintain their access and they are not welcome to these bleeding slabs.
Just don’t know how to rectify this issue so has anyone else experienced this?
Prem 17/11/2017 at 6:51 pm
Hi, I have got a terraced house which share an entrance through small garden to the front doors. The house next to me is rented and there is always a lot of rubbish and different stuff laying down on their part of the front garden. I have decided that I would like to extend an entrance from my side and build a small wall on my side of the land so it will not longer be shared. I have contacted a landlord and I have informed her a week ago that I will be doing it. As we share an entrance which is 90 cm wide after I will put a wall she will have only 45 cm to access her front door. I have told her that I can wide this for her for small fee as I am not going to work for free having a small baby at home. She refused it and she said that she doesn't agree to that wall. It will be on my side of the property so where are my legal rights? Can I build the wall and live just 45cm of entrance or I do have to give her any notice in writing?
ProblemNeighbours Editor 07/11/2017 at 3:47 pm
What do the other neighbours do? Is it generally accepted that a window cleaner must walk through the house with ladders and buckets? Or are there some other arrangements?
Pea 07/11/2017 at 10:23 am
Live in a row of 8 with no back entrance to the back except through own house. A window cleaner we don’t use climbs over from the left walks through our garden and climbs over the right to do my neighbours windows. We’ve asked him to stop but he’s refusing which has often lead in arguments. Is he allowed to do this? We own the house.. The deeds state we only have to allow access to utility companies to maintain pipes wires and and underground work?
ProblemNeighbours Editor 03/11/2017 at 11:28 am
You'd have to get a professional to look at the documentation. We assume there are deeds available relating to the sale and the new properties.
patsypitstop 02/11/2017 at 4:24 pm
Man sells off parcels of land to different people with an access road between all properties.
Eric builds a wall round his property and uses a shed that is already in place, as his line of boundary.
Gary owns the shed and the access road around Erics property.
All is peaceful.
18 years later Eric tells Gary that he wants the shed taken down because he actually owns part of the land that the access road is on. Eric produces an ordnance survey map which seems to show that there is 2.5 feet of the access road owned by Eric.
QUESTION: Has Gary earned the right of continued use of the land and therefore cannot be made to remove all or part of the shed?
ProblemNeighbours Editor 30/10/2017 at 11:48 am
Talk to you neighbour, ask him to remove the parts of the fence that are on your property and touching your shed.
vicky 27/10/2017 at 11:29 am
my neighbour has push his fence over my boundary and has wedged it so that it is leaning on my plastic shed other parts of the fence has blown down is now on my side worried it will damage my shed
Jackson 22/10/2017 at 6:07 am
Hi we have property that has been in our family for 55 years it's vacant land we all live states away but we pay our taxes and insurance and have it cleaned and mowed every year the neighbor built a concrete pond and put a huge fence around at least 3000 Sq feet of our property we told her when we found out to get it off our property she's claiming advise possession we had no idea about it can she win this?
ProblemNeighbours Editor 16/10/2017 at 10:48 am
Your neighbour can erect a fence on his own land if he likes. Was the original fence jointly maintainable or did it belong to one of you?
Peanut 13/10/2017 at 6:27 pm
My neighbour put up a fence completely destroying all my plants
He has left the original damaged 1960's ugly brick wall on my side of his fence
Can I remove as though he has said he will do something about this he is clearly not going too.
The wall no longer has no support and I have had to remove a few of the large blocks which I have given to him
ProblemNeighbours Editor 11/10/2017 at 11:25 am
We don;t know what you deeds say but if you are responsible for maintaining a boundary fence you could erect a simple fence along the actual boundary line, allowing the new neighbours to demolish the wall if they choose.
Susan 10/10/2017 at 5:21 am
I live in a semi. Years ago neighbours built s wall on their property repeating the front gardens. Now new neighbours have moved in. The wall now needs repairing and they say we are responsible for it. It is our boundary line but as I mentioned the wall is on their property. So my question is 1 are we responsible for it. 2 if so do we need to replace it. Considering next doors front garden has no wall/fence at the front.
Lizzy 29/08/2017 at 5:42 am
I live in a semi detached house and have a shared drive between me and the next pair of semis. Bottom of the drive there are garages leading to the back gardens. Previous residents had the garage Base and garages built. Mine isn't built upto the boundary leaving a gap of about 4 inches all the way down. Next door their Base is built up to the boundary and at the end is built on my land. This is historical and I know I cant do anything. I put a guttering pipe down this strip on the ground to allow the water from my drive to flow away. Next door have no drainage provision. The rain water collects at their garage door and sometimes floods into their garage. The new people next door have , so I've discovered been onto my property, lifted the guttering pipe in part by wedging the centre part with a piece of wood and lifted the top part completely out and laid it to one side. This allows their flooding water to run onto my land. I have replaced the guttering pipe, concreted it in place and filled the gap on my land. My water flows away. Theirs pools again. I haven't confronted them as I can't prove they moved this. I just put back what was mine. I believe that it's not my problem that their drive collects water as they have no drainage provision and I don't believe I should provide this as they bought their property in full knowledge that it was built up to the boundary. I realise it seems petty but they are taking alot of advantages over other matters regardless of anyone else
Sam 20/08/2017 at 9:52 pm
Hi, we have a semi detached house which is has open plan driveways at the front of the house. There was a small strip of tarmac which runs between the two integral garage doors straight down the middle of the houses. My neighbour had a transfer plan which shows this piece of land to be his and he had now block paved his drive and the piece of tarmac which should have originally been shrubs but the house builder laid tarmac instead. It means his block paving now comes right to the edge of our garage door past the inside wall of our house. Can this be legal?
ProblemNeighbours Editor 17/08/2017 at 10:50 am
You could try contacting your local mental health support service ( here's a useful link ) to see if you can refer her to more support etc. Your title deeds should mention the access rights, if they do, you could take legal action to enforce them.
Millie 15/08/2017 at 9:53 am
I live in a semi..1920's with an alley/entryway between myself and the next semi. This entryway serves to access both our rear gardens by means of each of us having a gate.
My neighbour who has mental health issues, (calls me the devil at times when abusing me) is hell bent on preventing me from using this alleyway by either threatening me verbally (for which I've had to get the police several times), blocking my way physically herself and having placed plants in tubs, wooden planks and even a bin to prevent my using my gate. This has been going on for about 3-4 years now and the police to date have been totally ineffective despite the fact that a few months back in the presence of witnesses and in a rage, she actually pushed me. Unfortunately she is a very fit lady in her 80's ...yes 80's!..but I've been told several times by her son that she suffers from delusions and that she doesn't take her meds and he can't make her..but surely if this is the case Social/Mental health services should be involved??... This I have emphasised to the police but to no avail. In addition to this even without giving her eye contact, she will even approach me on the street or on my on driveway will start accusing me of nonsensical things, shouting at me the whole time.
However my entryway is a big problem for me as I now realise that if I'm unable to resolve this, I won't even be able to sell my property at this rate and don't know who to turn to for help. All the houses in the road of the same design have shared access to this (I've checked each household) snd tge 2 gates to each garden hsve been present since I bought the property so no changes made). The deeds unfortunately don't show the boundaries sufficiently and when I've called the land registry they weren't able to give me verbal confirmation that this is shared access.

I'm at my wits end with this as commonsense would dictate and even the police agree that the entryway is for both our uses. Can anyone suggest any route I can go down in order to stop this woman from what the police have said is harassment and get this issue redolved as I'm finding it increasingly difficult yo even maintain my property and would be a health and safety issue in the case of and emergency should I need to exit my property via the garden for any reason.

Help!
ProblemNeighbours Editor 07/08/2017 at 12:26 pm
It was an emergency and you didn't really have a choice, we think the courts would see it that way but to be sure you should seek legal advice if the neighbour decides to take it further.
PRR 03/08/2017 at 4:58 pm
Hi, we had to arrange an emergency repair on our roof and due to the roofers needing to cross the neighbour roof and put scaffolding on their land I went to see them. The owner is on holiday but gained permission from her 20 year daughter. Now the grandmother has kicked off saying thatvee should have waited as the daughter has no authority to provide the permission. Was I in the right to ask considering I had no contact details for the owner and we had no electricity due to water coming in through the roof?
ProblemNeighbours Editor 26/07/2017 at 12:34 pm
You should mention the trees to your insurer but it's worth calling first to explain that they've only just been planted etc. If you are worried that the trees will damage your property, you should seek an opinion from an expert (surveyor and/or arboriculturalist) then you will have some professional evidence if you need to take legal action. If the trees are actually touching your wall you may be able take legal action to force your neighbour to move them on the basis of criminal damage/trespass.
Kal 24/07/2017 at 7:17 pm
Hi I have a drop kerb between mine and my neighbours house. I have a drive my neighbour doesn't he has a path and a garden so now where to ask his property . I have had to start parking one of my cars in front of the dip as my neighbours wide keep parking so near the dropped kerb that I can't get off my drive. I have asked her to move over as she has a good 10 ft or more the other side of her that. I one parks in but she is just abusive when asked. If I pull up I cannot open my door and get out of my car to open my gate as she is parked so close . Is she causing an offence by doing this and do I have a right to get her to move her vehicle
ProblemNeighbours Editor 24/07/2017 at 11:42 am
If planning permission/the extension was already in place before you purchased the property, this is something that should have been picked up on during the conveyancing process. If the previous neighbours agreed to the overhang, there's not much you can do about it now. Discuss this with your neighbours and see if you come to some mutually acceptable solution to the problem.
ProblemNeighbours Editor 24/07/2017 at 11:13 am
If you are renting, you will need to speak with your landlord who will have all the information relating to the access within the title deeds for the property.
ProblemNeighbours Editor 24/07/2017 at 10:24 am
Is the hedge mentioned in the deeds? It may indicate who is responsible for maintaining it. If it belongs to you and is on your side of the boundary, your neighbours can only trim any overhanging branches, they cannot reduce the height of it. If it's actually your neighbour's hedge the neighbour can do as they like with it and your only option would be to grow you own hedge on your side of the boundary.
Millie 19/07/2017 at 9:28 pm
We live in a single story barn conversion with the end bedroom wall being on the boundary between us and our neighbours. We noticed last week that they had planted some trees against this wall and went round to have a polite word with them about our concerns that the trees would damage our home. We were met with agression from the neighbour and although we kept calm and tried to reason with them, it fell on deaf ears. We were informed that the trees were infact hornbeam and they were planted right against our wall. What can we do now? Our house insurance is due shortly and there is a question about trees within so many metres of our property. If we lie we will be invalidating our insurance. If we fail to mention it we will also be in the same position. We have never had any problems with this neighbour although I know that our other neighbour has and as a result of much unpleasantness have decided to sell their house. We bought and converted this barn as our retirement home and are now faced with a problem. Any advice please.
icjanie 17/07/2017 at 1:24 pm
Hi I am a private home owner living in my house for four years prior to our moving in the neighbour had erected a lean to between his house and the boundary fence the roof of which over hangs the boundary fence the previous owners of our home must have allowed this as there is guttering along the fence on our side under the over hanging plastic roof. Please can you tell me if we can asked for the over hanging roof to be remove to behind our neighbours fence I ask as the gutter is not maintained his down pipe is blocked both of which are causing all of the water from his house roof and lean to roof to pour down onto our side/land between the two properties leaving the ground sodden along the side of our property I'm am concerned about damp issues as our property was built in 1934 thank you
Bunny 17/07/2017 at 12:46 pm
We are renting and our bungalow is one of the ends of a row of 4 attached bungalows we all have back doors into our own back gardens. Our bungalow as well as the other end also has our front and back gardens connected through a strip of our garden that goes down the side of our properties. When we first moved in there was no mention of any access down the side of the bungalow we moved in 2010 but in the last couple of years ( due to problems with the neighbour) we were told that it was emergency access (we thought that meant emergency services and if any emergency work needed to be done to the other properties they can use that access) but last week we were told that it is now open access and anyone can use it at for any purpose at any time. What can we do. This issue came about because we wanted to put up a gate down the side of the bungalow to make it secure for our kids and that the neighbour doesn't ask for permission before he gets his gardener and now his window cleaner to use the access.
Kel 17/07/2017 at 4:53 am
I'm trying to grown my headge up for some privacy but twice the new neighbors have cut the whole headge down ! I was just wondering do we have a right to grow our side ?
ProblemNeighbours Editor 06/07/2017 at 11:57 am
Unfortunately, if the neighbours are unwilling to discuss this with you, court might be your only option. You should consider using some form of alternative dispute resolution such as mediation first.
Art 05/07/2017 at 5:35 pm
We have lived in our property for 12 years. The properties are subjected to very high winds so we erected a fence along our boundary that allowed the wind to pass through it. The fence was erected in our property. The boundary was defined by concrete posts and wire mesh which were now on the neighbours side. New neighbours arrived 6 months ago and recently while we were out they filled in the gaps in the fence, which is on our property, with planks of wood.
They have since started to remove the link fencing and concrete posts.
They have also built a wood shed with the corner of the shed fixed to our fence
on our land.
They have not asked us, they just do it and don't want to talk about it.
Do we have any other action than going to Court.
With thanks.
Art.
ProblemNeighbours Editor 26/06/2017 at 12:49 pm
Firstly check that responsibility for the fence lies with the neighbouring property (your deeds will say). You should also check whether there are any conditions to maintain a fence at all...in law in general, there is no obligation fence one's land. If the latter is the case, there's not much you can except to construct a fence of your own on your side of the boundary?
Millie67 23/06/2017 at 4:33 pm
I live at the end of a terrace of 4 houses. My neighbours moved to Australia many years ago and their house is currently rented out. The wooden fence between our properties has been gradually decaying over the past 5 years and in February two of the panels blew down completely in a storm. Our garden is now overlooked and insecure (people can access our garden via our neighbour's, and thus bypass our security light). I've contacted the rental agents in person and by logged a complaint on their website and I've not had a response from them. Whenever we see our neighbour, she tells us that she's chasing them but to be honest I'm not sure that she is - she's told us before that she's worried about asking them to do work on the property (even basic maintenance work like clearing the guttering!) as she thinks they'll put up the rent! Is there anything I can do?
Caf013 26/05/2017 at 10:18 pm
Hi there I purchased my mid terraced home from my local council 3 years ago, 2 years after I moved in. We have lived here for 5 years in total and our neighbours moved in 2 weeks before we did. My issue is that my neighbour is a builder and continually is heard outside working on his garden until 10-11pm in the evening, we are talking heavy machinery used to lay slabs and build fences. He has built and then relayed monoblocking 4 times in the past year. Earlier this week I was in my garden and noticed that my neighbour has removed half of the hedge which is a boundary between our properties, this means what was previously a thick lusterous hedge which gave privacy in both sides is now a complete mess, i can see right through it and I have a young baby who would easily fit through the hedge completely in at least 5 places, not to mention either my or my neighbours dogs. I dont want to start an argument with them but this is getting unnacceptable. Today i walked into my back garden to find it completely flooded as my neighbour had emtied a full paddling pool in their garden and as it is artificisl grass the water just flows directly into mine. Their property is still owned by the local authority what should i do?
ProblemNeighbours Editor 24/05/2017 at 1:54 pm
Decide which of several dates you would like to do the work. Leave a note on your neighbour's car or pop through his letter box if you know where he lives and say that you need access on one of the dates and could they let you know which one of those is convenient and be sure not to park there. If there is no response, or they refuse, you could ask your local police to get the owner to move his vehicle while you undertake the work. If all that fails, a court order might work.
Juls 23/05/2017 at 6:43 pm
I own a semi detached house with a public lane alongside it, my neighbour parks his van 2-3inches off my extension wall every day during daytime hours. I need to paint and clean out the guttering but cannot get near the extension because of his van. I am verbally abused if I ask him to move it. What are my rights?
Lfw 06/04/2017 at 2:12 pm
Hi
We bought our house a year ago. Replaced fence panels all around the house. Our neighbours neighbouring with our fence side told us now that they want the fence straightened out as the previous owner had it placed around some existing sheds which means it's slightly crooket at one place. We are talking about a couple of inches apparently over their boundary.... We are happy to straighten it although our concern is that they have paved up to the fence which means we will have to dig through the paved area to straighten it...who should rectify this for them if they request this fence to be straighten? Thanks
ProblemNeighbours Editor 03/04/2017 at 12:40 pm
No, it doesn't sound like it. Ask him for an "expert" report on the reasons for the wall leaning and then you can make an informed decision.
greg001 31/03/2017 at 2:43 pm
3 years ago I bought house, two weeks after moving I received letter from my neighbour that wall dividing our lands is his and I can't attach nothing on his wall. Between my property wall and his wall is 1.7m gap. So I installed there shed. 7 months ago I replaced old shed for new one. And I received again letter from neighbour that I should install gutters. Gutters was installed immediately. In this case I replayed to him that his wall is leaning on my site. then he started blame me that is my sheds fault, because my shed didn't have water disposal and I need fix his wall. But my sheds had gutters and water disposal. Water disposal was targeted into my property wall 1.5m from his wall. Also I have photo,taken when I moved, that showing leaning wall. Do I need fix his wall?
ProblemNeighbours Editor 10/03/2017 at 2:30 pm
If it's a shared access driveway at the end, neither of you should be parking there anyway. With regards the part where you can park you should discuss this with your neighbour. If they have already agreed that they have paved over the boundary, what did the solicitor say about future works to either driveway? We're presuming you asked about something as obvious as this at the time.
Stacey 09/03/2017 at 9:04 pm
I bought a house last year. The bottom end of my driveway is shared access with neighbour. The neighbour has a very small drive. They have block paved in a curved line over my driveway. This was done before I bought my house. And they told my solicitor this was to make there drive aesthetically pleasing to the eye. I want to have my drive redone can I make them take their block paving up to give me back my drive and reinstate the visual boundary. Also they moan at me for parking on my drive as it makes it difficult for them to get off there drive but it is actually there van that is blocking them in not my car. They just want to drive over the end of my driveway to get off there drive instead of moving there own van
gemfairy 08/01/2017 at 11:29 pm
I live and own a middle terrace house of three, i have an access path that goes from my bottom of garden all the way round to the front of my neighbours house and to the street owned path, there is a side gate we both have access too but its all my land,
The path at the front my neighbours bought a big van and often park it on my path, could i errect a fence and a another gate here to still give them access to their garden but stop them parking and driving on the path? They have a drive of their own which fits 2 cars.
They are not neighbours i can speak with an have an adult conversation with
giri 02/01/2017 at 2:03 pm
I have a pice of land which majure in 2 and 3times before 20years. But our neighbour claim for him that his land part in my field.
Few days measure an Amin this field and Find a peace of field in our boundry line.
So i wish that you give me a real advise that what am i donig.
Fey 30/12/2016 at 7:17 pm
I live in a terraced house and our next door neighbour has put up lights on the side of our garge which faces his house. He siad that wall faceing his house is his. Is this correct?
Toot 06/12/2016 at 9:47 pm
My neighbours have been a nightmare since day 1....we live in a semi detached house and our neighbours have recently put up a sort of tube if xmas lights wrapped right around our shared fence between both houses....the lights are very annoying as they are flashing lights that come through my window when i am trying to watch my telly it is very irritating could someone tell me if i have the right to go and take them down myself and also if they by law were supposed to check with me first before putting them up
maz 04/12/2016 at 4:59 pm
can I remove the fence from shared drive which I put up 15 years ago (more on my side) without telling the neighbour who has only been there 5 years
Skittle 25/11/2016 at 9:32 pm
I live in a semi detached house with the front door on the side, facing my neighbours front door.
In the 18 months I've lived here the neighbour has always been unpleasant. A few weeks ago I had some minor work done and the neighbour had a row with the builder over him putting some materials on his side for a short while. The next day the neighbour started erecting a prison style fence down the shared path. This wouldn't be a problem, if my house didn't have a small porch, erected long before I moved in. Consequently in parts our side of the path is only 20cm's wide. Far too narrow to get a buggy or wheelchair down, never mind have white goods delivered. On top of this my son has medical needs that means he sometimes needs an ambulance to be called. I tried talking to the neighbour but he was extremely hostile and wouldn't listen to reason. Neighbour insists the path is not shared but it has been shared for over a 100 years. Title deeds are very hard to fathom out.
I'm assuming my only option now is to go down the legal route.
Does it sound likely he would be forced to take down the fence?
Deb 13/11/2016 at 10:24 am
We have a shared stone built boundary wall which was very and completely overrun with ivy which hasn't been managed for many years. The ivy was making the border of our garden unusable and choking trees in this border. We removed the ivy from our side of the border to reveal a lovely wall which was being very badly damaged by the ivy. The wall is now significantly lower and causes us security and privacy issues that can be resolved by the erection of a fence fitted to the top of the wall - at our cost and will be of good quality. Our neighbour is saying that we can't do this due to damage and appearance to wall - laughable because the ivy was way more damaging and his garden is an eyesore and house/garage in poor repair. He has said that we can attach the fence to our half of the wall. Is this correct and are there any ways in which we can ensure he has no comeback on our erecting the fence? What is best way to proceed????
ProblemNeighbours Editor 10/11/2016 at 10:33 am
Are there any conditions attached to your houses in your deeds or stipulated by the local council (planning dept)? If not, then there's not much you can do about this we're afraid.
joe 09/11/2016 at 1:04 pm
My neighbour has built a new front garden wall that doesn't match all the existing walls in the street. Its a completely different brick and design.
ProblemNeighbours Editor 08/11/2016 at 12:57 pm
We assume you are not based in the UK, so cannot really give you any relevant advice on this. You should consult an employment lawyer for advice.
Scotty 07/11/2016 at 3:56 pm
Our neighbours asked for permission to use our lane which runs alongside their garden to maintain their sespit. This involved digging it out with a digger. We gave permission for them to do this and the job has taken about a week to do. The lane was a grass lane and so is the entrance to the lane. The part of the lane that they used and the entrance to the lane has been churned up by the digger. The lane will be unuseable when the bad weather comes. We do only normally use it in the summer if we need to. They have flattened out the lane but have left it in a bit of a state. If the lane and entrance has been damaged surely it is their responsibility to put it back as was is this correct.
Privateoxo 07/11/2016 at 12:49 pm
We have a large hedge in outlet front garden that is dead our side but is fine on neighbours side, we have looked at the deeds and it shows it's their side how ever the hedge has been planted in ourside and the is a small green wire fence behind it.

Next door will only let us remove the hedge if we agree to put up a 6ft fence... do we have to or can we just remove this hedge as technically it's our side...
songbird 07/11/2016 at 4:04 am
We have a driveway it has been our driveway for over 40 years, now the new neighbour who just bought the house next door to us, says he owns four feet of our driveway and is threatening to put a fence down the middle of the driveway which we would not have a driveway anymore. He also has his own driveway. On the deed it says the property line is down the centre of our driveway. we have always taken care of our driveway and it has never been an issue before. Is there a law for grandfathering, because it has been that way for as long as the house has been here since 1926 it has always been our house's driveway,. We think we should go to court and fight it what do you think. Also he came over to our house and said if we pay him $400.00 a year he will forget ab out taking our driveway so basically bribing us
ProblemNeighbours Editor 02/11/2016 at 10:48 am
You should seek legal advice on this as you could take court action for trespass and damage to your property.
Duh 01/11/2016 at 3:39 pm
Some land grabbers are attempting to build a fence through a section of my land. They are attemting to take a portion of my neighbours land (who disappeared many years ago) but also a section of my land with it as it gives them better access. I've chased them off in the past but they continue to attempt to erect the fence. They have in their heads that the land is theirs to take and that they can dictate where my boundary runs even though it has nothing to do with them as they have no ownership of either side of this boundary.
The police say if they do manage to get the fence up, there's nothing I can do. It can't be touched and civil trespass laws don't seem to protect the land owner.
Any similair experiences or advice?
Pete 29/10/2016 at 3:23 pm
Ratty ; As the roof light is side facing he may have planning issues of overlooking subject to the internal height of the glass and whether the glass is obscured or not, and openable or not :i.e, not less than 1.7m above his finished floor level. Additionally unless the glass is fire rated you may have redress under the building regulations due to its proximity to your boundary. The builder had no rights to enter(on your roof) your property for new works to be carried out, any damage is at their costs. Access only applies to existing works for repair and or maintenance by agreement, that agreement not being unreasonably withheld (damage to your property: as tiles are fragile, and a roofer would know that, he should have made provisions against it, or that could be criminal damage. (He could have knowingly failed to take due care ). As to anything placed upon your property, given a clear boundary, is a nuisance and may , I think , be removed by you and placed back on their land. If you damage the property accidentally in doing so, it is not criminal damage. But anything like this that could cause an 'action' against you needs the formal opinion of a solicitor or legal advisor.
ProblemNeighbours Editor 28/10/2016 at 1:54 pm
If the rooflight is well into their side of the boundary (which is sounds like it is) then there's not much you can do. If the builder has done some damage you should consult your insurer or claim compensation via the small claims courts. Regarding the plant pot...if it's causing you a problem, send a copy of the deed plans with a polite note saying the pot's on your side and could they move it. If they don't and you're absolutely sure it's on your property, you could always move it back yourself.
ratty 27/10/2016 at 9:40 am
my neighbours have just had a new rooflight fitted just about a foot from the joint boundarry of the roof,they did not ask permision or inform me this was happening and the roofer took up and refitted and cut some of my tiles ,he informed me he could go one metre onto my property .
They have also placed a plant pot within my boundary which is shown on my deeds,it is on a block paved angled area to access there parking space,this and other plant pots are also on the parking area it up to the boundary of the following property.
i do not speak to them as they are not nice people what can i do
Bambers 26/10/2016 at 2:18 pm
We believe our boundaries are jointly shared and we have always treated them this way replacing fence panels equally and the like. However, our neighbour approached us a few months ago to replace the fence so that he could block pave his drive. We agreed to him taking out the fence panels and concrete posts and then replacing them with new concrete posts and new fence panels which he said he would pay for. He had a dispute with the builder he used and now he has got someone else he has changed his mind about what he wants to do. He said instead of having two concrete panels on top of one another he wanted to build a small wall on his property with one concrete panel on top for the posts to go back on to as his drive slopes down and our property is much higher and then was putting the fence posts back and the new fence panels. We agreed to this but have since found out that he is now only building a wall sloping down and not replacing the fence panels or posts. What can we do?
ProblemNeighbours Editor 21/10/2016 at 10:36 am
You should check your deeds first of all. The fence/boundary may be mentioned and also indicated on a plan (although these are not always accurate)
markc 20/10/2016 at 2:31 pm
Hi,
My neighbour and I have both built new rear extensions which has taken away the boundary between our properties.
He is now claiming that it is a party fence and therefore the fence post would sit half on our property half on his, however this doesn't match the boundary line of the garden and will involve him putting a concrete post on top of the small wall we've built up to the party line...
However, in our row of houses, the precedent is for each house to own one fence and therefore to have the posts entirely on their property.
Can I force him not to build it on our side and simply build it in the logical place against our wall?
ProblemNeighbours Editor 18/10/2016 at 1:52 pm
If the items are definitely on your land, you are entitled to remove them. Firstly - it might be worth erecting something that will prevent this happening - such as a fence. If this is not possible (e.g your gardens are open plan under covenant), then you can remove them. First write an informal note requesting that she removes the items and no longer places them on your property. Then send a follow-up letter, stating that you will return any items found on your land. If that doesn't work advise her by letter again that you intend to dispose of any items found on your land. You can contact the council and report it as fly-tipping if it carries on.
Chickie 17/10/2016 at 1:59 pm
My neighbour is storing her bins and building materials on land within my boundary. I have asked her to remove the items. But she has ignored my requests. What can I do about this?
ProblemNeighbours Editor 13/10/2016 at 12:47 pm
If your neighbour owns the fence, you're not supposed to paint, treat or attach anything to it. So yes, ask their permission first or put in some screening plants to cover it.
Jonesy 12/10/2016 at 3:08 pm
Hi - *Northern Ireland* - if my neighbour has recently erected a fence on the boundary and I don't like the colour of my side of the fence - can I paint without permission? Do you know what Act/Order this relates to for Northern Ireland?

Thanks in advance
ProblemNeighbours Editor 12/10/2016 at 12:46 pm
You can create your own party wall notice to give to your neighbours. Once they've signed it, there's a record for your deeds. The government actually provides example party wall notice letters here
Helpmeplease 12/10/2016 at 12:45 pm
Neighbours claim the extension on our house was built to long. This was done in 1973 and we have plans. We can not find no paper work stating it has been taken to court and they won't show us any paperwork(I don't believe them)
We're trying to sell our house and they have gone into the estate agents saying there's a dispute over some land!!! But no dispute logged any were
JIM 11/10/2016 at 1:01 pm
my neighbour garage backs on to my garden the soffit over hangs the garden I am planning a extension in this are am getting plans drawn up and have been advised by council it involves full planning consent the work involves removal of soffit and fitting lead to bridge garage roof and new wall of my new extension in conversation with neighbour is happy with this don't want the expense of party wall surveyor etc is there any thing I must do to safe my self oversly this needs to be recorded for new owners to my house and his
ProblemNeighbours Editor 10/10/2016 at 2:12 pm
If their repairs are essential you should really allow them access. You can choose a time/date that is convenient to you for them to do the work.
Smile 09/10/2016 at 8:17 am
My neighbours side garage wall is 3 cm over my boundary and they want to access my property to repair it. We have never got on and now the neighbour is being very abusive to me and my husband every time they see us, our house is not attached to theirs but their garage wall is in my garden, do i have the right to refuse them access.
ProblemNeighbours Editor 06/10/2016 at 2:20 pm
Do you deeds suggest that you share maintenance responsibility for fences on both sides? The term party fence wall indicates boundary line between lands of different owners (used to separate those lands). Wooden fences, or even fences with concrete posts, are not party fence walls. Check the deeds to see if you share responsibility or have a responsibility for maintenance on one side only. If it's your responsibility then you can simply fix it/replace it. It's always courteous to discuss these things before going ahead.
shaz 05/10/2016 at 8:28 am
The fences between me and my neighbours are all party and should be maintained as such according to my deeds. The one on the right hand side is leaning right over into my garden and is all broken. I don't speak to my neighbour- can I just replace it?
ProblemNeighbours Editor 30/09/2016 at 2:34 pm
Some outbuildings fall within permitted development rights (ie. they do not need planning permission). The maximum permitted height of an outbuilding is a maximum eaves height of 2.5 metres (8ft 2") and maximum overall height of four metres (13ft) with a dual pitched roof or three metres for any other roof. Sometimes local councils have other stipulations especially with building near boundaries, so double check.
ProblemNeighbours Editor 30/09/2016 at 1:54 pm
Without seeing the layout, this is difficult for us to say, but in general there's no problem erecting a gate on your own property. She would have to ask you for access to do any maintenance.
Giant fence 30/09/2016 at 8:22 am
My new neighbour has just replaced an old 6 foot high shed with a giant 10 foot high shed that now towers over my garden. Do I have any rights.
LOR 29/09/2016 at 7:51 pm
I have a driveway that runs up the side of my house and the neighbor house. the property line is somewhere in the flower bed next to her house. over the years the owner replaced common fenced area in my backyard, beginning at the top of the driveway, with a building extension. that is now along the fence line where a fence used to be. I have maintained the flower beds along the side of the fencing and new extension the entire time. I now want to put a gate across the top of the driveway to enclose the yard for privacy and security. it has been open the whole time since purchase 19 years ago. She states I cannot do that because it restricts access to her structure. I told her she would have no issue with me if she needed to access the yard to get to the structure for repair, upkeep, etc. Can i put the gate up without issue as long as i allow her access when needed?
Annoyed neighbour 23/09/2016 at 4:38 pm
We have offered to put a new fence up on the exact spot our neighbour's old crumbling wall was on. They agreed to this but wanted to agree the line.

Our fencers could then start earlier than they said and started today. I notified our, non resident neighbours, by email on Tuesday this week that the fencers may be able to start this Friday and if they wanted to check the line of the new fence could they do it this week. They never got back to me so we started work this morning. This has led to a flurry of emails from our new neighbours about us having to take it down if they are not happy with the line it is on. It turns out that the line actually is now more in our garden then theirs, which I've told them, because of the nature of the new extension we have completed which is also inside our boundary. If our fencers finish the fence tomorrow do our new neighbours have any right to take it down? Thank you.
Clem 22/09/2016 at 3:51 pm
There is a hedge in our garden, then a fence behind it which marks the end of a neighbour's garden. Our title plans from land registry shows a gap between our boundaries which we think might be this hedge. Neighbours have always lived in that house and say the boundary is not their fence but the middle of the hedge. If this land doesn't actually belong to either of us according to the plans, can we still make a formal agreement that our boundary is in the middle of the hedge? Or not because technically neither of us might own it? The hedge is effectively in our garden and has been used and maintained as such for over 15 years. Could we suggest the boundary is the fence, because residents of our house have had sole use of the land, with no objection from the neighbours?
OAP 22/09/2016 at 12:54 pm
Hello
I would like to put a metal gate at the back of my property. The present gate is at the top of some steps which lead down to a foot path. The gate I want to put in place will be at the bottom of the steps to stop dogs and children getting on to the steps and annoying our dogs. So in effect I will have two gates, one at the top of the steps and the other at the bottom. There will be no obstruction or right of way on the foot path.
ProblemNeighbours Editor 19/09/2016 at 2:01 pm
It's not common to leave breeze blocks uncovered. They're usually rendered or form the interior layer before bricks are added. Speaking to your neighbour and asking them is the easiest way to find out the plans!
Arty1 17/09/2016 at 1:17 pm
I need some information in regards to a single storey extension. My neighbour has dug foundations and starterd erecting the walls of his extension. There in an inner wall of small red bricks and an outer skin of big grey concrete bricks (if that's what they are called?).Do building regs mean these will be plastered/rendered or can they be left as they are? I'm worried I will have to look at a very ugly large grey concrete wall for years to come? Although hoping it has to have cladding/rendering or be plastered? The original house was built circa 1900.The other issue is if it does need to be rendered/clad/plastered I don't know how they will get to the wall as we have a trelace and only a tiny gap between it and the new wall. Hope that makes sense?ThanksAny advice would be greatly appreciated.
Upsetpensioner 17/09/2016 at 12:43 pm
I am in possession of a flat which I rent and the tenants are leaving due to the huge problem they have with the neighbour´s dog getting into the garden.My neighbour´s dog is big and keeps jumping onto the fence that separates our gardens, due to this the fence has fallen down in two different parts and the dog keeps getting into my side of the garden and nobody can use the it as tenants get frightened and feel unsafeWe have got in touch with the neighbour but it declines to do anything about the fence or the dog. I am very worry as I have been told that the flat want be able to be let due to the danger for tenants and it is very necessary for my as it helps me financially as my pension is rather low.What can I do, is there anything legally that can be done especially with the dog. Should the dog be tied with a leash
ProblemNeighbours Editor 09/09/2016 at 2:18 pm
Yes, your neighbours can do whatever they like in their own garden as long as it complies with planning permission. Usually the permitted heights are 2 metres for a rear fence and 1 metre for front.
ProblemNeighbours Editor 09/09/2016 at 11:35 am
No it belongs to her, you cannot attach anything to it. If you have an issue with the position of the fence, you should discuss this with the neighbour or use a mediation service/the courts to take it further.
Alicia123 08/09/2016 at 11:22 pm
I put a fench up and had it done lasted year which cost a lot of money on the right hand side my front garden my next doors today have put 6 foot one behide it which is an eyesore is this right can they do this
Heatherjune 08/09/2016 at 11:07 am
My neighbour's fence straddles the boundary into my garden, (she did this deliberately) I want to put trellis on it for sweet peas, as her fence is over the boundary, can I do this?
dan 05/09/2016 at 10:54 pm
Hi I live in a mid terraced house and have put a yellow stock brick extensions on the front on my side of the wall/fencing that faces my neighbours front garden he has decided to paint it in brick red and it looks a mess without asking my permission can he do this
Barney 02/09/2016 at 7:18 pm
Am home from working abroad for a few months my mother asked me to remove a section of laurel hedge that was approximately 10ft long that had been killed by the neighbor's compost heap her husband use to bury cat litter there from his cattery.
i went and asked the elderly lady next door permission to dig out the old compost heap i mentioned i had cleaned the land next to the boundary and an old pallet fence her husband had made 20 years ago had rotted and fell to bits.

Her response was you can do what you like down there its no concern of ours she didn't want to pay for a new fence, i realise now i should have had this in writing.

my digger driver came to clear the land and dug out the compost heap this had eaten 5 4ft into the soil and left a 3 metre by 1.2 meter hole i reinstated a new fence in line with the old boundary chainlink fence in the middle of the laurel hedge i have cut back my mother paid 280 pounds for the fence posts and timber and another 250 for a new 15 metre chain link fence to reinstate the boundary.

The neighbour has gone in for a hip replacement and her son has come round with deads saying the new wooden fence erected is 2ft 3 inches on her land, my answer its in line with the old boundary fence.

he has produced deads and is now taking legal action.

what are my rights and worst case scenario please?
Joeday83 31/08/2016 at 9:02 pm
I just sold a semi detached property and was requested to complete some aesthetical work on a joining chimney stack. I approached the adjacent owners who then requested a complete demolision and rebuilding of the chimney stack at 50% cost to me.
The damage to the stack is due to non existent maintenance on their part. Am I legally responsible for 50% financial implications predominantly due to their negligence over time? Is there law or case law that has set a precedent?
Ria 30/08/2016 at 10:28 am
A year ago my neighbour gave us permission to exchange an old gate on the side of our house which connects onto his garage with no problem . Now hes being really off with us and telling us he wants it removing and its his property . Were do we stand ?? Snd can he do this after he gramted the permission of us replacing tge old gate ??
Mark 29/08/2016 at 1:38 am
Hi. We have lived in our property for over twenty years. We've had new neighbours move in over the last year who have recently gone ahead and removed a fence without consulting us that we erected on the boundary, which we did as a courtesy to our previous neighbours who were too elderly to do it for themselves. They removed this and replaced it with a much lower, cheaper fence which also encroaches onto our boundary, so we have lost over a foot of garden width ways right along the boundary. The new neighbours are arguing that the new fence is in a straight line, however the boundary was never straight, since the house is pre war and all the homes on the street mirror this absolutely not straight boundary line.The fence was erected whilst we were out of the house. What rights do we have to remove this and put the fence back where it was originally?
klok 27/08/2016 at 10:26 pm
We live in a semi detached house. Looking out into my garden the left side of the fence belongs to my neighbor and the right ours. He also built an extension in October 2015 and the walls is in line with his fence, I also noticed that the line of the fence is not exactly in between my house and his, instead its approx. 15cm into my property, Not sure how long it has been like this as we have lived here for 10 years and his fence has been like that before we moved in,.
Dan 17/08/2016 at 4:37 pm
My neighbour has trellis with plants running up the side of my extention with is on the boundary line. Am I entitled to get him to remove it as I think it could be damaging the brick work
Sue 15/08/2016 at 11:38 am
If a neighbours extension crosses over the boundry will it cause problems for me when i come to sell
Dave 14/08/2016 at 6:29 pm
Hi
I have a neighbour who has put up a plastic canopy above her door on a shared access, that is owned by the local estate, so that nothing larger than a car, including hers, can pass and I have a caravan that I would like to put around the back of my house. She insists that she owns a foot out from the side of the house but no other property in the village has this boundary to the side and when I have purchased the plans the boundary line clearly shows that it is her brickwork where the boundary lies. Her house is the only one in the village that has a front door on the side of the house and onto a shared access. There is no covenance available although it has been a shared access since the 1930's

I know this is classed as a civil matter but was wondering how I go about her removing it by law. Solicitors letters do not work and the owners of the land Belsay estate will not get involved
Elizabeth 06/08/2016 at 12:11 pm
Hello,
Our neighbours have hanging baskets nailed into our fence and hedges and ivy that is planted next to our fence. As you can imagine the ivy pushes through the fence panels and destroys our fence. This is the second fence that has been ruined this way. Unfortunately we are not able to communicate with our neighbours - saying they are not friendly is a vast understatement.
We now need to replace the fence again.
Is there anything we can do because we are wasting so much money replacing the fence every few years?
ProblemNeighbours Editor 05/08/2016 at 2:32 pm
If he refuses access to an area that is supposed to be shared you may need to pursue a civil action in the courts.
ProblemNeighbours Editor 05/08/2016 at 12:16 pm
No you have to comply with your tenancy agreement/landlord's wishes.
tickedoff 05/08/2016 at 1:37 am
Hi.

In 2007 my neighbour broke the wall leading to our shared alleyway and combined the land with his front garden. He now blocks access to the alleyway by parking his car in front of the gate and everytime we require access we need to ask him to move his vehicle.

Can you please advise me as to what can be done
Greenfingers 04/08/2016 at 12:51 am
I am currently in dispute with my housing association regarding a fence erected on the boundary. The association has agreed with the neighbours without consulting me that, they can access my garden for maintenance 3 times a year and just tell me. They've also said I cannot plant up to the fence which means I have to keep a void area in my garden to allow access. The neighbours have plants trained on wires on their side of the fence and I believe this discriminates against my right to use my garden in the same way. I don't want to train anything on the fence but if I plant nearby and the plants just grow to a size the may touch the fence, am I within my rights or do I have to keep an access?
ProblemNeighbours Editor 03/08/2016 at 2:03 pm
In general, planning laws permit a fence of no higher than 2m, so if the neighbour's fence is higher than that you could report to your local council. If it is in fact only 2m high (6' 6") then they are within their rights to keep it there but it should not attach it to your fence (could constitute criminal damage), so you can force them to at least make it free standing on that basis.
Upset Neighbour 02/08/2016 at 2:51 pm
We have a decorative approx 4ft 6 fence - consisting of approx 3ft 6 closed fence with 1ft diagonal trellis at the top - my neighbours say they want more privacy & have now erected a bamboo type screening on their side but just inside our fence - (at the moment it is supported/touching our fence).
The top is uneven ugly bamboo canes sticking up more than 2ft above our decorative fence - spoiling our view.
I have suggested that we could, AT OUR EXPENCE, install approx a further 2 ft of top edged trellis to match our fence, which they could use to grow plants against - if they would be willing to take down the ugly looking bamboo screening, which would still still show uneven bits sticking up above our fence.
Personally, I do not want a higher fence, but I feel we are trying to compromise and appease their wish for privacy and still keep the look of our trielis type fence.
BUT they are still refusing to take it down - are they being unreasonable??
ProblemNeighbours Editor 02/08/2016 at 11:42 am
No he can't put anything on your land without your permission as that would be trespass. Check your deeds to see where the boundary lies and whose responsbility it is (if any) to maintain a fence.
kev 01/08/2016 at 5:29 pm
hi, could you give me some advice please, my neighbour wants to rip up an old
party privit hedge and put in a new three foot fence, as we do not get on I know
he will try to put the concrete posts and harris rail on my land ( which I do not want )
so that he will gain extra land, can he do this without my permission ?
thanks kev
rach 26/07/2016 at 4:07 pm
My neighbour has just replaced 3ft panels with 6ft round the front, on our deeds that side is ours, is she allowd to do that we literally cant see down the road or see our car its like were boxed in
joey 24/07/2016 at 7:33 am
Can you please help. My neighbour has a wire fence. It is his responsibility to maintain it. Every time i am working in my garden near the fence he comes out and falsely accuses me and starts harassing me by being insulting and abusive even threatening me. Basically under the pretence i am touching his fence from my side as i work near the fence.

Can he stop me working near the fence. I am not saying the fence is not always touched or i don't put my hand on it sometimes. Also is it illegal for me to even touch his fence accidently or or just to take a breather.
H 21/07/2016 at 3:01 pm
Hi,
We have 6ft closeboard fencing which is our and we are responsible for ( in our documents when we bought the house).
The neighbour dogs has damaged the boards over the years ( bolting against them) and we keep having to replace them. Also they have thick branches that are growing into the boards and intwinned also on concreate posts.
I want to repair boards and crecote it their side. I cant do this without the branches/ plants being removed.
My qu stions are:
1) who can i contact to help sto the dog bolting against the fence. The dog warden said they cannot do anything as its in their garden.
2) i have written to the neighbours to ask permission to gain access to creacote it and asked if they could remove anything growing on the fence.
What happens if they wont remove branches/plants? Because then i cannot treat it and it will continue to damage the panels. Can i gain acces if i dont hear back?
Can i ask them to contibute to repairs that need to be made?
Any help would be much appreciated.
Lou 19/07/2016 at 10:00 am
I have a question. My boundary is my neighbours wall to their house. Some of their windows are opening ones and they are able to open out onto my land although they usually just open them a little as they are slightly recessed and so they don't often overhang my land. Can I stop them opening the windows? It seems a massive invasion of my privacy and there are many windows that can be opened? Thankyou
Jimbo 18/07/2016 at 11:42 am
Whilst on holiday our new neighbours cut down the ivy which covered the party wall. The ivy fell mostly into my property and revealed the wall. Since the wall was uncovered it has emphasized that the wall is in the wrong position and we have looked at the Land Registry Plan which also shows the boundary in the wrong position. In 1913 the land was sold and our house constructed on the land as a Semi Detached to the original house. The plan from 1913 shows the land sold is the building line from front to back and this is also mirrored in the Land Registry Plan. The Boundary wall is actually located 2 foot into my land from the building line (Where the houses join) and then continues at an angle further into my land to the bottom boundary. I have approached our neighbors regarding moving the wall at my expense and putting up a new fence in the correct location according to the plans also at my expense. They do not accept this and insist that due to the fact the wall has been there many years that it must remain however there is no evidence as to how long the wall has been there and is not shown/detailed in any of the deeds. Can you advise if we have a good case to pursue legally as on paper the evidence is in our favour however the wall has never been disputed until the recent turn of events which changed the appearance of the boundary dramatically.
ProblemNeighbours Editor 15/07/2016 at 11:13 am
In general a person can fence off their property if they wish. The general planning rules are that rear fences can be up to 2m high (which is 6ft 6"). This is unlikely to block out sunlight.
Deb 15/07/2016 at 9:58 am
I have a question relating to where I would seek to negotiate a shared pathway that I share with my neighbour.

They are council tenants and I am a homeowner. As it stands I do not have immediate access to my deeds but I am pretty sure we would both have right of way.

I would like to divide the pathway into two seperate pathways allowing us both an equal size right of way respectively.

In order to do this I would need to take a small portion of the shared pathway and then use part of my drive to create the two means of access to our doors.

My neighbours are notoriously unapproachable and incredibly rude so speaking to them is genuinely out of the question so entering into a boundary agreement directly with them would be futile!

My question is, what options do I have as a homeowner as I want to make sure I go through the correct channels to avoid issues in the future? Do I contact the local authority directly in order to enter into a boundary agreement and even so would the local authority seek permission from my neighbours?
Cassie 13/07/2016 at 9:51 pm
I've been in my council bungalow for over yr now I'm in bad health and also suffer from depression and anxiety attacks I'm one of four bungalows they other three have fences up so I've paid someone to erect my own! They all match and it's more security and safer for me as they was alot of thiefs about and hoodlums smashing garden ornaments we are happy together good neighbours but one and the area manager said I should of got permission she's belittles me and don't want her in my home, my homes my pride and joy and my garden is all blood sweat and now more tears what can I do?? Please advice me! Please
Deb 12/07/2016 at 4:17 pm
My next door neighbour is wanting to put up a six foot fence to which I am not happy as it will block the sun in my garden.
We are in rented accommodation and according to our housing officer she can do this. I how ever don't think she is allowed to do this unless I am in agreement with it.
ProblemNeighbours Editor 12/07/2016 at 2:43 pm
In general most planning authorities state that rear fences should be no higher than 2m. Contact your local planning office for advice.
Russ 10/07/2016 at 10:38 pm
Good evening can I ask regarding the two meter rule for fences please. We have a fence line whereby we have a fence each around 4ft both sides. Over the weekend a horrid 2 ft trellice has been added to her fence which is now blocking sunlight. When I now measure the fence and trellice its over 2 meters so would like to understand more about the 2 meter rule please
IpsoJacko 07/07/2016 at 4:19 pm
I have a shared access pathway/alleyway running the length of my semi detached house shared with four neighbours on the adjoining road, running along the end of their back gardens.
I would like to put up a fence to improve security and visual amenity, but two neighbours are objecting as they use the path for bin storage and access for window cleaners.
I've tried to discuss but they are staunchly against, what can I do now this is very frustrating and I remain worried about security.
cha 28/06/2016 at 9:45 pm
I have mental health & i paid my neighbour to put up a fences after he removed hedge between us! a lot of which i ask him not to remove but some i said he could ! he took the money for the fence but now claims it & is making my life hell he painted my post with his number & cut down a large tree wirhout my permission ! i went to the police !& what ever he told them they dont want to get involved!
i dont know what to do im scared & its making me feel so bad ! i live on my own ! he knows this & he knows i have depression hes bullying me & i dont know where to turn !
can anyone help pleaseee
ProblemNeighbours Editor 28/06/2016 at 2:37 pm
You need to check with the council, the neighbour may be responsible for maintaining aboundary fence...it will say on his deeds - they council will almost certainly know whose responsibility it is.
Sam 27/06/2016 at 1:09 am
Please can you help? I am a tenant in a council owned property, my neighbour has bought their previously council owned property. 5 years ago i paid for and erected a 5 ft waney lap fence all around my back garden, i got permission from the council ( landlord) with the agreement i maintain it and my neighbour agreed with me putting up the fence. I recently started to stain the fence but when i came to do the side that joins the garden with my neighbour he told me in no uncertain terms i could n't touch that fence as he owns the boundary from when he purchased his house ( which was years previous to me erecting the fence) he then proceeded to paint his side of the fence without my permission dripped the stain all over my side of the fence ( and it was different colour) and nailed planks of wood to the base of his side of the fence to stop me removing the panels, he then nailed fairy lights all along the top. I obviously asked him to stop and he told me he could do whatever he wanted as he owned the boundary and therefore my fence. Is he right? Do I not own my own fence even though I paid for it and erected it. I also believe my fence is between 4 and 7 inches to my side of what was the original old council fence that i removed when putting up my new one ( again i had his permission to remove this when i did it)
Redlady 24/06/2016 at 7:27 pm
My neighbours have added pipework to the side of their property which now overhangs the walkway which gives me access to the back of my house. It looks like a flue or heating pipe of some sort and encroaches onto my pathway just slightly above head height by approx 18inches. I have previously allowed then access to this alleyway between our homes to save taking building items etc through the house. I gave them permission to use the alley to move materials but they didnt mention anything about putting this pipe in. I've asked them to raise it but they have no intention of doung this. What else can I do?
Pop 23/06/2016 at 8:02 pm
In our absence our neighbour's came into our garden and heightened and pointed a wall they are building against without our permission. It is a wide boundary wall and they have recently continued their development across the halfway point on the wall. In addition on the top of an eight foot wall between our gardens they have put up fencing wire, so the division between our gardens is now 9-10 feet high. How do we challenge this behaviour ? Do we have any civil rights ?
ProblemNeighbours Editor 23/06/2016 at 2:43 pm
No, you should not attach or lean anything against a fence that does not belong to you.
ProblemNeighbours Editor 23/06/2016 at 11:58 am
Who owns the actual area where the parking spaces are located? Is there a management company? Is it the council? If so, they should be the first ones to contact. If neither of those is applicable, and discussions have not been successful, then you may have to consider legal action or mediation.
quilterler 22/06/2016 at 8:24 pm
The local council has attached their carpark to mine without permission have I got any legal right to stop them coming into my and or can I claim their land as mine
ken 22/06/2016 at 3:26 pm
My neighbors fence on my side can i put stuff on my side of there fence? i.e screws, nails.plants on it
Ytrium1 22/06/2016 at 7:11 am
My neighbour has erected goalposts across an area designated in the deeds as an area to be used for visitors parking. A she believes that she has a right to this space she refuses to move it and considers that she can allow her teenager and his friends to play there which has resulted in damage to my garage door and light fittings. Reasonable approaches and requests for her to remove it have resulted in an abusive response.
Can I remove it or what action can I take to have it removed.
ProblemNeighbours Editor 20/06/2016 at 2:24 pm
No unless there is something in your title deeds, he cannot access your property whenever he chooses. If he has essential repairs to do on his conservatory and cannot access it without entering your property, he should ask your consent. You can choose whether or not to allow access and if you do, you can stipulate a time that is convenient to you.
ProblemNeighbours Editor 20/06/2016 at 1:50 pm
Are you sure where the exact boundary is? You may need to get an expert to establish whether or not it's on her property or not. Even if you establish that the boundary is your responsibility, because she's been maintaining it for fourteen years, the legal situation might be more complicated than you think. It might be easier just to erect your own fence or a simple structure such as trellising to disguise the unkempt fence.
ProblemNeighbours Editor 20/06/2016 at 12:40 pm
If the branches are overhanging another property, they have the right to cut them back as far as the boundary.
ANDY 19/06/2016 at 1:08 pm
My daughter and husband moved into their house 6 years ago. Previous to that the house was empty. In that time the neighbour put a gate in the adjoining fence so he could access his conservatory for repairs. After a few disputes with the neighbour who assumed he could come onto our property without prior permission, we padlocked the gate. He is now saying he has a right of access but there is no mention of that on our deeds and we have asked to see his deeds but he won't. Could we ask him to remove the gate or keep it padlocked? We have had to call the police with regards to this neighbour's behaviour who have advised us not to talk to him but phone them. We have 2 small children and don't want people wandering around our property.
Rod 19/06/2016 at 10:33 am
Please can you help? My neighbour erected a fence on the boundary prior to me moving here fourteen years ago. The boundary is my responsibility which I have advised her of. The fence is in disrepair and I have said I will replace all sixteen panels. She is refusing stating it is her property.
She has told me to put my own fence up which seems ridiculous and would also move the boundary line.
Where do I stand?
Wobblybob 19/06/2016 at 6:48 am
I Have a 4' Fence with a few Deciduous firethorn Bushes that canary Creeper & honeysuckle grow through in the Summer months, this boundaries onto a communal area of council Grass verge, A council tenant in the block of flats took it upon themselves to cut my 'Hedge' !, The council Secure tenancy agreement states Tenants 'should not interfere with Trees Bushes Hedges on council property' (nothing said of my private property) ! , My 'hedge' admittedly does creep over my fence a few inches but does this give this tenant the right to cut my hedge under garden 'Common Law' without permission From me or the Council owing to my Twigs growing on council air ! If you can understand where I'm coming from !. Ta.
Mo 17/06/2016 at 3:30 pm
I own the bottom of our garden fence which is a open rail fence overlooking a lovely meadow The neighbour who owns the meadow wants to put up a slated
6ft wooden fence blocking the view we have had this view for 18 years and there was no problem we have our property on the market and now he has come up with this idea. Can he erect a 6ft fence Thank you for your answer.
Stripey 16/06/2016 at 6:04 pm
When we moved into our property in 1987 it was derelict, the fences were broken down chestnut fencing. we wanted to erect a wooden fence and the position of the fence was agreed with the neighbour. The property changed hands in about 2002. When the new neighbour hammered a post into the fence we asked him not to damage the fence as it was our property, he has since become abusive accusing us of many things. He has now said he is going to put up a new fence, which is fine, but because of his behaviour over the past ten years we do not feel inclined to let him touch the current fence which is our property. can we do this?and ask him to put up the new fence on his side of the existing one?
ProblemNeighbours Editor 16/06/2016 at 2:18 pm
Yes of course, there is nothing to prevent them from doing this as long as your local planning laws do not prevent it. (The usual planning constraints are for rear fences to be no higher that 2m)
ProblemNeighbours Editor 16/06/2016 at 2:11 pm
Yes of course, there is nothing to stop them doing this.
ProblemNeighbours Editor 16/06/2016 at 12:16 pm
Was this four years ago or now? Did you question it at the time? Do you deeds show that this plot is yours? Sorry it's not clear what the situation is from your description.
Nessieking 15/06/2016 at 1:36 pm
Please could you give some advice? My retired parents are wanting to replace a 4-foot party fence between their side back garden and their neighbour's side back garden with a 6-foot fence - larch lap to 5 feet with a final foot of diamond trellis. Their neighbours (also retired) are very opposed to this, even though my parents said they will pay for the entire fence, and they cannot understand why my parents would want privacy. Presently my parents have a row of tall plants in round containers next to the 4 foot fence which they maintain no higher than 6 feet high, which the neighbours complained about also, but the plants are now dying and my parents are getting too old to water and maintain them. Therefore the 6 foot fence would be a replacement for the container plants which would be removed altogether. But the neighbours do not want this to happen at all. My question is: would my parents be able to erect a 6 foot fence on their own land in front of the 4 foot existing party fence without breaking any laws? This is their proposed second option if the neighbours will not agree to having a 6 foot fence.
ProblemNeighbours Editor 15/06/2016 at 11:41 am
If you cannot find out who is responsible for the fence, you could just try constructing an additional fence that will retain your land? Otherwise accept that some of it is slipping into the neighbour's garden. Eventually the may agree to share costs to create a more effective fence.
ath 15/06/2016 at 7:35 am
Hi I moved into my property four years ago. I noticed that at the end of my small courtyard garden was left open. On the deeds it shows a triangle shape. When I spoke to my neighbour she noticed me looking at the fence and stated that they had removed one 6ft panel as it was broken and it was their responsibility. Now they have planted this area up and put up trellis with climbers, I dont want to make a fuss but feel it was cheeky of them just to remove the panel and not replace it and therefore making my garden smaller (and its already small!) Whats the legal stance on this please?
ProblemNeighbours Editor 14/06/2016 at 12:18 pm
Unless it's actually touching your fence, there's not a great deal you can do about this unfortunately.
Ian 13/06/2016 at 9:39 pm
I have an ivy growing in my yard up the parti wall that joins onto my neighbours. I was attempting to cover the shed roof i have in my yard, but my neighbour has chopped it right back to the wall on both sides. The ivy has been cut back atleast 1.5 metres off of my shed roof, im not happy about it and birds are nesting in it!
No 13/06/2016 at 9:35 pm
Hi I erected a 6 ft fence between me and my neighbor up the middle of our driveway where there was never one before. I had to put the fence up as they were illegally renting the house out. The owner is now moving back in and has attached there gate to my fence. Where do I stand with asking them to take it down. Should they have asked before they done it.
smithy80 13/06/2016 at 2:51 pm
Hello,
We have an issue as in our back garden we have what appears to be land slippage/subsidence at the bottom of the fence panel with the slippage going from our garden into theirs.
We are on a hill so their garden is lower down that ours and there is nothing in the deeds which stipulates who is responsible for the fence however it appears the issue of slippage has resulted from them levelling their garden out from being a hill to a relatively flat garden and its been levelled so much so that the concrete haunching that holds the fence posts in place is fully visible, the fence post is a little but wobbly and we our garden dips down next to the concrete fence panel.
I've tried to talk to them but they are denying its anything to do with them. What can I do?
witsend 12/06/2016 at 4:58 pm
Both my neighbour and I own our properties. My neighbour has cut down lots of laurel and stacked it against my fence on his side, I explained that when the branches and leaves dried out it would become fire hazard as I also have a large wooded area on my side. Our Council cannot authorise any clearance as it is private property.
ProblemNeighbours Editor 09/06/2016 at 2:38 pm
As long as you do not need to access either of the neighbours' property, you should not need consent to erect your own fence.
ProblemNeighbours Editor 09/06/2016 at 12:57 pm
You could try erecting a fence or planting some trees/bushes strategically so the neighbours can't see into your garden. Note that planning permission is needed for decking which is more than 30cm off the ground, so check they have this.
daisyjuke 08/06/2016 at 4:23 pm
We're putting up a new fence on our two boundary lines that we know neither of our neighbours will be happy about as they are constantly looking into our garden and it will mean we will block some of their light. However, they have built fences to give them more privacy behind ours where they like, so we don't feel we're being unfair wanting our privacy too. Do we need to give them more than 24 hours notice? Our fencer has just confirmed he can start work tomorrow, so we will go around to our neighbours to notify them tonight. Is that OK or should we give more notice? It won't be higher than 6 foot 6.
whatsup 08/06/2016 at 11:57 am
Hi my neighbour has recently put table and chairs on a higher deck and can now see into my garden,and windows..they already moan that i smoke outside so a discussion is out of the question..surely i am intitlled to my privecy?..i also have alopecia so have hardly any hair and we moved so i could go outside without having to wear my wig all the time..the kids have already made snidy comments amount my baldness and i am at my wits end..help
ProblemNeighbours Editor 07/06/2016 at 2:13 pm
It's not easy to stop someone opening their window (they probably have to have an opening window for building regs purposes). You're not supposed to "lean" anything against your neighbour's wall either unfortunately.
ProblemNeighbours Editor 06/06/2016 at 2:13 pm
The planning application would have given details about the location of the extension and its effect on the boundary. No, in general you cannot attach anything to your neighbour's property. There is nothing to prevent you erecting a free standing structure or a fence of your own inside of the boundary.
sam 05/06/2016 at 11:23 pm
My neighbours side wall of their house creates the left boundary for my garden. Today my neighbour complained that i have things in my garden leaning against their house (some wood, a few folded garden chairs and some slabs) however this is my garden... iv not put/drilled anything into their wall just leant a few items against it, as it goes up the whole left side of my garden.
Also to complain about this to me she opened her upstairs hall window, which opens directly over my garden, as its in this same wall of their house. Its an obscured glass window...can i stop them opening it into my garden? As i feel they are spying on me right into my garden.
paco 04/06/2016 at 4:21 pm
Hi, I would like some advice please. My neighbour owns his home next door to me and I rent through a housing association. They recently applied for planning permission which was granted. We didnt object nor did our landlord. We have seen the plans and they seemed fine. Yesterday we had a visit from our housing associations surveyor. He came to take pictures and so on ref any damage before and after. I asked him as the neighbour is extending what will happen to the shared boundary fence. He said it will go completely ! I asked why we had'nt been courteously informed about the fence after all its ours too. He said we should complain to council knowing full well the time for any objections has passed. If thats the case and its a shared boundary should we not have been informed by our landlord. I dont see why they have to ruin a perfectly adequate fence and boundary especially as they wont see it when their extension goes up and we'll be left looking at a brick wall ? Its absolute nonsense. If their extension is going to be our new boundary am I allowed to paint it attach my hanging baskets to it and plant creepers up against just like my fence ? Would appreciate a reply. Many thanks.
Quazi 02/06/2016 at 9:48 pm
Hi

My neighbours garage wall runs in my garden and has been since the house was built. My deeds say
'a garage has been erected by us having a gable wall in common with that of an adjoining dwellinghouse or garage such gable wall shall be mutual and shall be maintained at mutual expense of the adjoining proprietors'
My question is, can I paint the garage wall that runs in my garden and is there any restrictions if I do ie can I paint over perspex windows?
pad 30/05/2016 at 6:55 pm
About 8 months ago my next door neighbour decided they would chop the hedge down,
between my house and there,s
The hedge was clearly on my property and had been there for almost 40 years so other neighbours have told me.
this week my neighbours started again they have taken it on themselves to remove about 10 inches off my
property and replace the hedge with some sort of makeshift fence that they have made out of old woden palletts
and pieces of wood.
just need some advice on what i can do about it if anything??
thank you.
Aggie 29/05/2016 at 5:20 pm
Meant to ask can someone give me some advice please.
Aggie 29/05/2016 at 5:18 pm
I live in a quarter villa flat upstairs. I have my own separate front gate. My downstairs neighbour says she can use my gate to go through to her back door any time she likes . She has a son with lots of friends , who uses my gate to access his back garden .which is separated from mine.
Dixit 26/05/2016 at 10:08 pm
Our neighbour put up a new 6ft wooden fence on their side of the existing wire mesh fence with minimal discussion with us (it was done while we were on holiday!) We took the wire mesh down because it looked ugly against their fence and it is our boundary to maintain according to the deeds. They complained that we had done this so we agreed with them to put up a rope marking the boundary. A year later on they have demanded that we reinstate the fence because it devalues their property and they want the boundary marked properly because they want to sell and are worried about adverse possession. Do we have to put up the fence again or even have anything on the boundary at all?
ProblemNeighbours Editor 25/05/2016 at 9:59 am
Check with your local planning office to see whether this conservatory is within their "permitted development" limits. Upper windows of side extensions do usually need to "frosted" or opaque.
ProblemNeighbours Editor 24/05/2016 at 1:00 pm
No it's only a "right" in order to carry out essential maintenance. If the neighbour had asked and you had refused consent, your neighbour would have had to apply for a court order. Even if you're asked, you can state when access will be allowed and impose time constraints etc. Your only option at this stage really if your neighbour won't voluntarily compensate you, is to pursue it via the legal system.
steve 24/05/2016 at 4:20 am
My neighbour has just rebuilt his wooden conservatory worth a brick built one rich is just on the other side of our fence. On that wall is a large clear double glazed window which now looks directly into our garden and conservatory. The new floor is higher in this new conservatory so the lounge of sight is higher too. Our original fence is about 5 foot. Does this window have to be frosted? Even if we put up a 6'6" fence it will only cover the bottom half?
Lips 23/05/2016 at 9:12 am
Our neighbour began building alterations when we were away and when we came home we found he had taken down the fence separating the 2 properties and the builders were using our garden to gain access into theirs!
He also had scaffolding put up in our driveway around his house so we lost the use of one parking.
All this was done without our permission.
He gave us no indication of what he was doing.
In fact he told my partner he was putting up a ready built loft and it would take 3 days!
This project began mid January and its now nearly the end of May.
We have asked for compensation as the scaffolding makes it difficult getting in and out of our own property but the neighbours seem to think its their right and they can do what they want!
We are pensioners and feel we have been totally taken advantage of as they refuse to take responsibility for their wrong doings and we are very stressed about everything and its just not fair.
What can we do?
ProblemNeighbours Editor 20/05/2016 at 12:13 pm
You will have to pursue this via the courts. You other option would be to remove the fence post that is in your garden and replace it with a fence of your own on your side of the boundary.
K8y 19/05/2016 at 10:16 pm
Our neighbour painted his side of the fence between our gardens (it's his fence) whilst we were on holiday. We've come back and the paint used has dripped through on our side of the fence which is unsightly and will mean we have to now paint the fence. Do we have any rights for recourse?
ADE 19/05/2016 at 1:13 pm
My mother owns and has owned for 21 years a little house on the coast that used to be a shop. She uses it as a holiday home, so she's not always there.
2 years ago someone bought the house next door and changed it back into a shop. whilst the property was being converted back into a shop, the new owner phoned my mother and said they have removed the 9inch wide wall that divides the back gardens 20-25foot long.
And replaced it with a wooden fence. Saying that the wall was not structurally sound and had to come down.
I have looked at both of the property deeds and neither of them state who owns the wall.
My mother would never have agreed to the wall being removed. She didn't have a chance to challenge if the wall was structurally sound or not as she had no notice and feels she has been forced to just except the fence.
My mother is retired now and doesn't have thousands of pounds. Unfortunately I am not in a position that I could pay the solicitor and court fees.
Is there anything my mother could do now as the wall has already been removed. ?
coochie 17/05/2016 at 8:41 pm
hI there - my neighbour recently put up a new fence - I only have a small garden - they moved it by 32cm and left it unfinished with a concrete post ending in my garden - they also dug blocks of concrete roughly 50cm deep out of the land and left the holes there as well as the concrete. A surveyor wrote to them asking them to move or and advising I can go to the police for encroachment and criminal damage - they still refuse to move it...what is the next best step? Many Thanks, Elaine
Bert 12/05/2016 at 7:02 pm
After objecting to a planning application our neighbour is now erecting a 2 meter high fence behind us, this is OK would have happened if planning had been approved anyway, but it seems he is going to erect a secondary fence that will be alot higher than 2 meters, so he will have 2 fences running parallel behind us, can he do this, the second fence will definitely block the sun out.
ProblemNeighbours Editor 12/05/2016 at 2:44 pm
Yes you can remove it but be sure not to damage anything (including the washing)
ProblemNeighbours Editor 11/05/2016 at 10:45 am
The permitted maximum height for rear fencing is usually 2 metres (approx 6ft 6") unless different conditions apply in your area. Contact your planning department if you are concerned.
sjyimages 10/05/2016 at 1:24 pm
i have recently taken ownership of a ten year old property that has a shared responsibility boundary fence. The neighbour is a tenant of a private landlord. I have just erected a new fence with myself footing the full cost. The tenant now hangs her washing line from the fence post, both the landlord and myself have asked the tenant not to hang the line from the fence but the tenant refuses to do so.. Do I have the right to keep removing it from my side of the fence?
ProblemNeighbours Editor 10/05/2016 at 12:57 pm
If it's been built higher than you stated in a letter, then it is a little underhand. The maximum height for a rear fence however, is 2 metres (6ft) so unless specific conditions apply locally, they may not be able to complain.
ProblemNeighbours Editor 10/05/2016 at 11:58 am
It's good that the ivy has been removed and perhaps the sander was an extreme method of removing the roots. In general a neighbour cannot attach anything to your wall, but this may have been done with the best intentions. Have a word with the neighbour if you think the sander has caused actual damage.
ProblemNeighbours Editor 10/05/2016 at 10:18 am
Speak to the landlord and find out whether the tenants have had permission to do this. In theory as they're not on your side of the boundary you can only trim back the bushes as far as the boundary line - admittedly this will be onerous for you and you may not feel you want to commit to this. The other option is to place your own fence on the boundary line. The latter option does seem a bit silly. The third option would be to simply treat that land as your own and remove the bushes entirely and weed killer any new growth that comes through. After 10 or more years, this land could become part of your property through Adverse Possession .
ProblemNeighbours Editor 09/05/2016 at 10:40 am
In general rear fences should be no higher that 2.5m. Unless there is something specific in your deeds, the type of fence can be of any material/style etc. If you're concerned about the height of the shed, you could check with your local planning officer...the general rules however are that: outbuildings and garages have to be single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof.
Frodo 08/05/2016 at 12:25 pm
Our neighbour has put a fence up against ours it is above our fence ours is 5 feet and it is 2 foot above that they didn't ask us or get planning permission are they aloud to do this.
Bec 07/05/2016 at 8:41 pm
My husband has just put up a 5 foot 4 metre high fence and our neighbour came out and said that it was higher than we stated in a letter, that we sent them informing them that we we going to do a fence. They didn't discuss the fence with us prior to my husband doing it, so he went ahead and did it. Is there anything they can do about it? It's below 6 foot, so I'm hoping they can't.Thanks.
LeanneA 07/05/2016 at 7:59 pm
Hi the back of my garage faces onto my neighbours driveway and front garden. Their is Ivy growing up the side of the garage which is slightly grown over part of the back of the garage. My neighbour has cut the ivy off the wall and used some sort of electric sander to get rid of roots. Is he allowed to do this to my garage wall?
DanH 07/05/2016 at 11:49 am
Hello, we have just had a block paved driveway installed which ment we had to take down a very old, rotted useless fence which has been damaged from the neighbours overgrown bushes pushing against and buckling the panels and uprights. Our layout of property means that the neighbours back fence is our side of house and along our driveway. They have now installed a small 5ft fence panel over a foot into their boundery which covers a gap for their dog, they have installed the panel widths ways for height and pushed all the bushes passed it so they show on our side and left the roots the other side. Is this legal as they do not upkeep the bushes and I'm not prepared to install a new fence for it to happen again. I understand that they rent the property privately. Many thanks Dan
Jen 06/05/2016 at 7:14 am
I live in an end-terrace my rear garden has a 2.5m shared boundary wall. A neighbour from an adjoining house has placed metal fencing and a large fence/shed (approx 3m tall) at the foot of his garden (which is the side of my garden) blocking a lot of light and looking extremely unsightly.

He has been approached about it before and just ignored me. Surely it's not legal?
ProblemNeighbours Editor 05/05/2016 at 2:15 pm
Yes you can you put a fence up on your side as the neighbour has no access rights.
Zo 03/05/2016 at 6:17 pm
Hi my new neighbours replaced their fence side of the fence. The bottom panel of their fence runs across the back of my driveway. They decided to put a gate on the back panel that opens into my driveway and private acess area that my and my other neighbour share as our driveways and garage are there. It has always been a closed fence panel! It's clearly shown on my deeds . We have approached them about it and they just said they thought they could ( hard to believe he is a member of the police) . It's been 10 months now and they haven't replaced it, what can we do? We are looking to move shortly and we are worried about problems this may cause . We thought about erecting a fence in front of theirs as its our driveway no planning needed. Help anyone ?
ProblemNeighbours Editor 29/04/2016 at 11:05 am
In general a neighbour should not attach or lean anything against your property in this way. This is something you would normally clarify before purchasing a property.
Pip13 27/04/2016 at 9:58 pm
Hi
We have moved to a new house and have a brick garage near the boundary of our garden.next doors garden is 1 m higher than ours and they are using our garage wall to retain their soil. Is this legal?
ProblemNeighbours Editor 27/04/2016 at 12:37 pm
You should makle a complaint to the council about the state of the garden. They should take steps to get their tenant to clear it. If you want a contribution towards the replacement fence, you will have to seek this via (a) your household insurance (b) corresponding directly with the council and make the request (c) legal action.
Ljs6006 26/04/2016 at 1:44 pm
I own my property and all of the fences are my responsibility which is stated in the deeds, at the bottom of my garden we had a fence which has since been damaged due to the brambles in the neighbouring property and is no longer in place. The other property is a council property wheras I privately own mine. Would I be able to seek a financial contribution from the council to assist me in replacing the fence seeing as the brambles have destroyed my fence. They have a dog and the brambles are now trying to take root on my property. This is making it unsafe for my children to use the garden I am in the process of saving to get the fence replaced but if I could get a contribution it would help speed things up.
ProblemNeighbours Editor 26/04/2016 at 11:05 am
Just ask her to remove the fittings from your fence and repair any damage. She may not have realised that she wasn't supposed to do this. Does her CCTV point into your property? If so you can ask her to re-position it or ask your local PCSO to take a look to see if it's corrrectly sited.
Bonz 25/04/2016 at 8:51 am
I live in a private house with a mortgage the next door neighbours are council tenants . She has had a small gate put up on my fence hinged to my fence now thats my boundary i paid for that fence i never put it up for holes to be drilled in it and she has put solar lights up on my fence using pins and the latest is cctv on the back and front of the house
ProblemNeighbours Editor 22/04/2016 at 10:55 am
Yes it would courteaous to do so. Make sure that there are no restrictions in your deeds that prohibit the erection of a fence - for example many shared drive owners cannot divide the driveways with a fence. Your neighbour might want to agree on the exact boundary line too etc.
Dar 21/04/2016 at 9:01 am
Do I have to consult my neighbour if I put up a fence to divide our driveways?
ProblemNeighbours Editor 19/04/2016 at 2:40 pm
Ask them to get a surveyor to take a look at it and establish whether it's dangerous or not - they may already have done this and established that it is not likely to fall. You could also see if your insurance policy has legal cover and ask the insurer what the position would be if you were to attempt to force the neighbour (via the legal system) to make it safe. You could also try contacting your local authority and asking them to issue a dangerous structure notice on the neighbour.
bobby 18/04/2016 at 4:25 pm
I have had a few problems since my neighbour offered to replace some fence panels near the bottom of the gardens next to a field it is our boundary. He started the work himself but during the process cut down several branches of our trees which made a feature in our garden saying he needed the space to biuld the fence. I t got to the stage where I could not face looking out of the window to see what else had been chopped down while I had been away from home. He did ask to chop down some branches of our trees last year and we refused I feel the offer to build the fence was a ruse to carry out this work. cutting a considerable amount off our trees.lllllllllll
Jane 17/04/2016 at 8:48 pm
My neighbours wall is damaged and has a plinth which now balanced precariously on the top. It is extremely heavy and could kill a child if it fell on them or cause serious injury.I have expressed my concern but he has done nothing. What can I do?
steph 13/04/2016 at 6:42 pm
I live in a detached property and the neighbour to my right (if I was looking at my house from across the street) is also a detached property, however between her house and my house she has double wooden gates and she had her post nailed into the side of my house. When we had high winds the gates (which were in a poor condition anyway) were pulled from their posts which damaged the side of my house. My neighbour now has these gates leaning up against the side of my house which I am not happy about as she is causing more damage to my render. The side of my house were she has her rotten gates leaning against sits on my boundary so I'm not sure what rights I have when it comes to telling her not to put anything up against or on the side of my house. please can you help
Martin 11/04/2016 at 9:59 pm
I have an old cottage property with an adjacent off road parking area which is included on the Land Registry plan as mine. However the neighbour in the adjoining cottage has an old plan which shows a 'Joint Ashes' store on a small part of the parking area which is referred to as such in a 1954 conveyance and which he claims gives him shared rights to the parking area. There is no ashes store there and to my knowledge there has been no store of building there for many years (at least 7 as the previous owner confirms). The current Land Registry plan doesn't show any building on this area.

I don't believe he has any claim to the parking area but can anyone advise about how this might play out if he tried to challenge it formally? Is the Land Registry plan considered to be the last word in such matters? Can he claim joint ownership over an old building whose purpose is obsolete and in fact no longer exists?
Stecornick 11/04/2016 at 6:48 pm
I've lived in our house for 9 years and was made aware of a boundary issue to our benefit by our neighbour not long after we moved in. The owner has since passed away and ownership has passed to the children . We have advised them of the situation to which they do not wish to move the fence as it has been up for about 50 years. The boundary is clearly along the central wall of the house on the plans but the fence is half a metre onto the wall of the house ( about 10cm from our patio doors) we would like to build a conservatory but need the space next to the door to do this. The house has been put up for sale at a reasonable price and we would like to try and find a resolution before the house is sold. Any feedback would be appreciated.
emma 11/04/2016 at 5:26 pm
I have been living in my property since 2002 it was a new build, being built on a mountain I had a side fence between myself and neighbours each side and the back of my property was a 2.5meter wall which was backing onto country side.

In 2005 the builder gained planning permission to extend the development which meant they were building behind us. The builders then erected a fence approx 2ft in from my back wall. The houses were completed in 2007 and the builder gave the land across from these houses to the new tenants.

The fence has come down so I am trying to establish who is responsible for this fence.

Please can anyone please help me on this matter
jay 10/04/2016 at 8:59 am
Good morning. My next door neighbor house roofing is over leaping into my yard.what can I do?
Slivka 08/04/2016 at 1:40 pm
Hello, I have a house with a garden. The latter is adjacent to a public alley way. My garden is fenced. However between my fence and the alley way is a brick wall. I just came back from holidays and by chance noticed that the brick wall has tumbled down blocking the alley way and causing slight damage to the wall of the house on the other side of it (my neighbours at the back of my garden). The deeds don't tell me if I'm responsible for the brick wall (at the back of my garden and BEHIND my fence). Could you please advise me who is responsible for clearing the alley way (which is now partly blocked) and possibly rebuilding the wall? Many thanks and regards.
ProblemNeighbours Editor 08/04/2016 at 11:27 am
What do your title deeds say? Are you supposed to have access for bins etc? It sounds as though it's the type of property that would have access rights. You might have to seek legal advice if the neighbour is completely ignoring you.
Mummy05 06/04/2016 at 9:49 pm
Hi,
My next door blocked my access from the back, my house between two houses and I used to take my bins through his property to get to my back garden I am now can't do that and my bins in front garden. What are my rights in terms of can he do that? I can't reach him he moved and locked this gate with a lock! I can't let window cleaners can't access back! Electricity meter readers can't access back they have to go into my house to get to the back garden, I don't feel comfortable as I have young kids pls advices I have tried to be reasonable when he was in property but his excuses where door broke, I'll see etc. Now I can't reach him and house empty.
ProblemNeighbours Editor 05/04/2016 at 10:45 am
If the fence is yours, you should have claim damages when the neighbour removed it. If the wind has pulled down your fence and damaged a playhouse, you will need to try and claim from your household insurance.
maxiesnanny 02/04/2016 at 12:51 pm
Hi sometime ago my neighbour pulled down some of my fence and replaced it with chicken wire now with the bad weather was have had the wind has pulled down the rest of the fence, my problem is this has damaged my granddaughters playhouse in my garden could you advise me on how I can claim for her to pay to have it fixed please thank you
ProblemNeighbours Editor 01/04/2016 at 11:42 am
Your neighbours are correct. They've planted a hedge on their land - they don't have to maintain it in a way suited to you. If you just throw the clippings back it is fly tipping. You have to "offer" them back to the neighbour but they don't have to accept. There is nothing to prevent you from trimming any branches that overhang your side of a boundary. If the hedge becomes too high and is a nuisance, there is action you can take - see this leaflet for more information
Nik 31/03/2016 at 9:56 pm
If my neighbour removes my boundary fence without my permission. Then request erects another fence of poor quality of which panels are now missing who is responsible for the repairs and up keep ?
Furious 29/03/2016 at 6:46 pm
My mam who is 80 had neighbours who planted conifers they assured her they would maintain them the dad who did this has died and the son in law whose garden it is only cuts his side I have said he has to do all the hedge as its his but yet again he only cut his side yesterday. I have said if I cut it I will throw the clippings over as its there property only to be told by them it would be fly tipping and they would inform the relevant parties who is right in this
ProblemNeighbours Editor 22/03/2016 at 12:29 pm
You should check you deeds to establish exactly where the boundary lies.
Sally 21/03/2016 at 3:16 am
My neighbour put a small wooden fence up, so I decided I would like a nice garden so I would not have to look at the silly fence. A year later he says he owns a foot more on our side of property. What should I do , they are very nasty neighbours.
scottie 20/03/2016 at 6:56 pm
i have erected a fence along the side of my house round the back and down the other side of my garden enclosing the whole garden can i paint both sides the colour that i choose. because they dont like the colour that i like. and want to paint there side there colour preference.i dont want there colour overlapping on to my side.
cakemaker 19/03/2016 at 6:30 pm
i live in a block of 4 council flats and have a front and back garden,the upstairs neighbours have the side and back garden.have had problems since i moved in with them cutting the hedge between the back gardens and the councils have been out several times and they keep saying they wont cut it below 6' which is how high i want it,but keep cutting it,the last time the council were out they told them they could cut it on a slope which means they are cutting over into my garden,which i believe is criminal damage,can anyone advise me??....there are also concrete pillars in their garden which i think are the original boundary,is there anyway i can prove this???...thanks for any advice.
danderous 18/03/2016 at 7:05 pm
The house directly infrount of mine have replaced there old close board fence and removed a hedge approx 3 foot wide and about 8-10 foot high which was provideding us with privacy now the new fence they have put up has 40 mm to 50 mm gaps in and they stand stirring through at us and have started a dispute over our business making excessive noise but we have had the business for around ten years and only since they put up the new fence have the complaints began we feel like they are just out to cause trouble non of any of my other neighbours have ever complained and they never complained is there any advice you could help me with
Thankyou
SMS 12/03/2016 at 11:09 am
Last week we had a garden fence (wooden panels) erected on the left side of the garden (our side) The contractor then began to prep for the but had to stop because there is approximately 12 inches of concrete coming in under the soil, either from the current brick wall owned by the neighbours (who we share a wall with in this semi detached property) or from the extension they have built or from the raised patio that they have erected.

I instructed the contractor to stop and not drill so as not to cause an issue with the neighbours. The main issues are there is very little space between their garden fence brickwall and our house, there is a foot of concrete under the soil on our boundary and the contractor is reluctant to drill into the current wall as he believes it would probably crack as on our side it is mossy and very damp due to a lack of light, he called it 'frost' in the brickwork.

When we completed the searches on this property there was no record of any legal documentation between the neighbouring properties no planning permission or Party Wall agreements or ‘Line of Junction Notice’ under sections 1 (5) & (6) of the Act. Obviously we do not want to proceed with the garden fence without further advice, due to no agreement in place. For example who would be liable for any damage to the neighbours wall, given that there is concrete under our garden, (so unable to grow anything or put a higher fence in place without drilling, which is now probably going to cost s more money as more work is required) The contractor stated that for the size of the garden wall he hadnt seen such a wide band of concrete to keep it in place before.

I do not feel comfortable discussing this with the neighbours without gaining advice from yourselves.
ProblemNeighbours Editor 03/03/2016 at 11:16 am
Make sure the actual boundary remains marked - it might be worth asking the landlord to afix some simple wire fencing between the posts. You can construct a fence of your choosing on your side of the boundary. In general, you can choose whatever design of fence you like, although there laws relating to the height of rear fences (usually max height of 2m). Ask your planning officer for some advice - there is no charge for this.
RegularGuy 29/02/2016 at 11:48 am
Hello, I wonder if you could help with a query regarding a fence. The boundary is my neighbours, but the fence is on my land. The concrete posts were left in place to mark the boundary. As the property is rented, the current tenants who are long term, have broken my fence to pieces over the last few years, and no amount of reasoning with them works. I wondered, rather than replacing the wooden fence panels, if I could use steel panels? I have tried to look for any planning guidelines regarding this - no avail. Would it be acceptable to use these panels as an alternative? I would not go ahead and install them without knowing as they are more costly than wooden ones. Many thanks.
M.smith 27/02/2016 at 3:37 pm
Our property is next to local council property. There is a fence dividing both of our properties, but their fence is leaning over to mine, rendering me putting up fence on my side. Its all due to people living on the other side jumping over it.
Because fence isnt mine i have been told i can't do anything. Their metal Fence is rusted, falling apart, with broken off bits that creaping onto health and safety issues of metal sticking out towards mine.
Is there any legal ways of making council fix it?
If pissible, What should i base my complaint on and what should i look out for, evidence etc..?

Much obliged
Bailey 25/02/2016 at 11:17 pm
Hope you can help me..

Our back garden we have been told the left hand is ours, on our right hand side we put up a new fence but not on the boundary but in our own land. The neighbours is convince the right fence is ours, with the strong winds we have had the old fence has blown down in our neighbours garden. She is now saying it is our fence and we should go In her garden and remove this fence as it is our responsablilty

Please can someone help me as this is making me ill with worry
DJ 25/02/2016 at 10:59 pm
We've just purchased a plot of land to build our house.Our boundary shown on the land registry is taking up as part of neighbors driveway, I really require that part of the boundary back to enable me to build my property as states in the drawn plans, any advice please
ProblemNeighbours Editor 25/02/2016 at 10:19 am
If the fence is yours, the neighbour is not entitled to attach anything to it. If the access is shared he cannot build on it. You need to take legal action if he will not respond.
Blue77 23/02/2016 at 9:47 pm
My neighbour has removed plants from my front garden and replaced with his own on my boundary he has attached a side gate to my fence post without asking and painted the post to match his gate when I painted over it to match my own he painted it again darker. He attached a washing line to the fence and at the bottom of the garden between the garages there is a 3 ft space which is for maintenance acces to garages but he has erected a shed of some sort and drilled and screwed it to my garage wall. When I tried speaking to him about these matters he said he can do what he wants in his side of the fence even though it is my boundary in the deeds and I had to pay all costs to replace fence myself and when I complained about the shed he said its up now so there is nothing you can do about it. Any suggestions what I should do next.
ProblemNeighbours Editor 16/02/2016 at 11:37 am
Will it cause much of a hardship to you to allow this? It should take less than one day to replace a few windows. What bearing does this have on your selling your house? Sorry it's not that clear from your question.
Logi 13/02/2016 at 2:53 pm
W e dont speak to our neighbours because of a personal matter and have caused us some problems with noise in the early hours of the morning.
They have a conservatory at the back of their house and now they want to enter our property in order to replace windows up stairs.
Do we have to grant them permission even though we are selling our house.
Marge 11/02/2016 at 3:44 pm
Three fence panels on my side had fallen down. I told my neighbour I was getting quotes and would sort out within 3 months.
She has chickens in her garden and I came home one day to find she had erected a fence in one half of the garden, nearest one to my house coming up to roof. She did all this without notifying me. Am I now obliged to pay her? Can I object to the Panel next to my house which is taller than the rest? Thanks.
lyn 11/02/2016 at 2:51 pm
builder put up 6 foot fence at the end of his garden which backs onto the side of our garden 10 years ago , it has now blown down who is responsible for it?
ProblemNeighbours Editor 05/02/2016 at 9:53 am
You should replace it with something of a similar quality and that is acceptable to your neighbour.
Wilson 03/02/2016 at 5:25 pm
If I damage a neighbours fence and say that I will replace it do I have to replace it with the same type?
ProblemNeighbours Editor 02/02/2016 at 10:23 am
Sorry it's not clear what you mean. Was there originally a fence? (You mention recreating the old boundary). If it's a shared drive it normally means both properties must be able to use it for access (with a vehicle). If by putting a fence up, you are preventing this access, then it's possibly not within your rights to do so.
Cheshlass 31/01/2016 at 9:02 am
We currently have a shared drive running the length of the house to the back garden. The deeds show a boundary down the middle of that drive. Are we within our rights to put up a fence down the middle to recreate the old boundary as shown in the deeds? The drive has been used for access by both properties previously but is no longer used in this way. There is no detail of this old agreement on the deeds.
Dav 30/01/2016 at 2:43 pm
Hi It seems that a fence I've had erected is on my neighbour's land by an inch and a half, Am I inBig trouble?.
Jacko 09/01/2016 at 9:25 am
Wonder if someone could point me in the right direction we moved into a new build detached house in november 2015 the neighbour as a path/walkway to access his back garden via the side if the house the fencing contractor has drilled and attached a gate post into the side of our property my partner asked them to move it which they have refused my concern is they never asked for permission and they have damaged the brick work drilling into the wall the post and holes are over the dpc I've spoken to the site manager and there head office and they are refusing to help who can I contact legally to have this removed .. appreciate any help or feed back
ProblemNeighbours Editor 08/01/2016 at 2:36 pm
She has commited a crime in taking something that did not belong to her, but you can only act personally on this if your tenancy has not yet expired.
Lils 07/01/2016 at 4:05 am
I recently moved out of my council house, 4 days later my friend see her go into my garden with her friend a stole my fish and the tank that was worth lots, I left the fish in the garden to later return to collect them , what aret rights and has she commuted a crime
ProblemNeighbours Editor 05/01/2016 at 12:12 pm
You will need to make an application for adverse possession ( details are here. You may need to seek advice from a legal professional.
Bert 04/01/2016 at 2:18 pm
We have an ongoing dispute with our neighbours over a boundary / fence line. I have owned the property for above 25 years. There is an existing fence line which was put in when the plots were separated when they were built in the early 70s. The fence is concrete and wire construction (local authority). I have used and maintained the land and retaining wall set to the right of these concrete posts for the past 25 years and my predecessors (owners) since 1979. Our neighbours are now wanting to enforce the legal boundary and move it effectively further towards the right, claiming the land and wall we have been maintaining. Can they do this or have do I have rights under adverse possession as the fence has been recognised as a demarcation between our properties by neighbours, children etc since I moved in.
ProblemNeighbours Editor 17/12/2015 at 11:38 am
Yes they are in the wrong in attaching anything to your property. If simply asking the neighbours to remove items is unsuccesful you could try a solicitor's letter....a bit extreme, but there's not much else to suggest unfortunately.
LD67 16/12/2015 at 8:38 am
Hello!

Our house is kind of semi detached, the house neighbouring ours is set back so our side wall shows alongside their garden, their house starts towards the back of our house.

These neighbours are constantly attaching things to the side of our wall, trellises that cause damp problem with the greenery attached to them, they have also drilled in many of these attachments all without our permission to touch the side of our wall. We have even told them to remove them as they cause a problem however, they have simply attached more instead of taking them down. Is there anything we can do, are they in the wrong? etc.

Thank you very much for any advice or information you can provide.
ProblemNeighbours Editor 15/12/2015 at 12:42 pm
You should deal directly with the landlord, it is usually the tenant's repsonsibility to replace a fence. If he is refusing to pay, you may have to consider the small claims court.
dotty doris 14/12/2015 at 9:51 pm
Last year in the bad winds the fence and post between our house and the neighbours house were brought down. The deeds I hold indicate that the neighbours are responsible for the fence. They proceeded to purchase a post but due to the difficulty in digging the old snapped post out left it for some time so we spoke to them regarding this issue and he advised us that if we got it fixed ourselves he would pay towards the cost. We did this but received no payment and still haven't to date. Last month the winds brought down more panels and posts. I spoke to our neighbour about us getting this fixed and she advised me she would speak to her landlord as she is renting the property. We repaired the fence and submitted a invoice for her to pass on for us. We waited and eventually had a response from her, although not verbal, she posted the invoice back through our door with the landlords phone no. asking for us to contact him. We have made several phone calls to him, left various messages but to no avail. He doesn't seems to want to make contact. My husband spoke to our neighbour this morning asking for the landlords address, which she has supplied so we can write to him. She did advise us that she had spoke to him about paying us out of her rent to him but he said no he'd sort payment. What do we do or what course of action do we take. Thanking you in anticipation.
ProblemNeighbours Editor 14/12/2015 at 10:26 am
No you neighbours should not erect a fence that attachs to or protrudes over your fence, not should they attach anything to it on their own side. If you cannot reason with them, you may need the help of a solicitor.
Robin 13/12/2015 at 7:21 am
My title deeds both state and indicate on the plan with an inward "T" that the boundary fence wall between my property and my neighbour’s property is to be maintained by myself. This has been confirmed by a Solicitor for the Council conveyance section for both properties. This wall also acts as a retaining wall retaining my side of the land since my side is elevated at its highest point by 1.5 m above my neighbour’s. Does my neighbour have the right to drill into it and hang baskets on their side of this wall? My neighbour is also erecting a fence over the wall without my consent; do I have the right to take the fence down? The problem is that the 215mm thick wall that was built with the terraced house is astride the boundary by 84 mm on their side and 131 mm of the wall is on my side. I’ve been told that this was because my property was built first (end off-set terraced). The fence that my neighbour is erecting will inevitably protrude over my side of the boundary. It’s no use trying to reason with my neighbour since my letters of appeal have been thrown into my garden and my emails blocked.
ebw 02/12/2015 at 5:22 pm
A few years ago, my mother's neighbour asked if he could replace the (old but sound) boundary fence with a new one. Mum ( and my late Dad) consented. The resulting, new fence is flimsily constructed and has twice had a couple of panels blown down. On the first occasion, Mum put some wire netting along the damaged area so her dog could not get out and the neighbour eventually repaired the fence. The fence again sustained fallen panels in last week's storms and again Mum put up some netting to keep her dog inside the garden. This morning, she found a note through her door from the neighbour, asking when Mum was going to fix it because their own dog might escape. Surely Mum can't be asked to repair the fence my neighbour erected and surely the neighbour, not Mum, is responsible for seeing that the neighbour's dog cannot escape? Thanks for any light you can shed on this.
ProblemNeighbours Editor 18/11/2015 at 11:48 am
If they refuse to do this after you have asked them, your only option is to pursue it via a civil action or to simply do the work yourself.
Daztuz 16/11/2015 at 5:10 pm
Hi, can any one help! I was just tidying my garden for the winter and noticed next door had one of my fence posts ending in their garden at the rear boundary, he has 5 fence panels and roughly 2' into the 6th panel, I have 4, 6' panels plus the rest of the remaining 5th panel...I thought this odd, counted 5 panels out the front boundary which makes this odd... I believe who ever put the fence up never stuck to the boundary line when putting the new fence posts splitting our gardens to my right .
I'm hoping to build a house in years to come at the very rear boundary fence exiting into (allocated land for building at a later date) this 2' of land he has now of mine will be required in time and will be helpful for a footpath maybe!...we brought the house4 years ago after the fencing went up roughly 6 years we think do we have a leg to stand on to ask him to move this fence to alleviate any stress later!

Many Thanks in advance...
lin22 15/11/2015 at 4:13 pm
my neighbour has attached a fence panel to mine and removed my end post I asked them to remove it and repair my fence but they refused and were rude to me. what can I do.
ProblemNeighbours Editor 11/11/2015 at 10:55 am
If you know you have moved your fence and in effect your boundary, then you should answer the question truthfully. If it has been over 12 years you could always launch an application for adverse possession of the land anyway.
ProblemNeighbours Editor 10/11/2015 at 12:01 pm
If it was constructed at the time of the build and the developer owned both plots of land then yes, in fact many properties of a certain age have a neighbouring garage/building as a boundary wall.
Monkey1974 10/11/2015 at 10:50 am
We have extended our boundary line by I meter onto common land. We are looking to sell our property and have seen that there is a question saying have we moved our boundary in the last twenty years. Not sure what to do is the title deeds are a little unclear showing the boundary line. Any advise would be greatly appreciated?
Hoppy 09/11/2015 at 6:26 pm
Does anyone ever answer the queries? Many queries seem to remain unanswered
Dunflittin 09/11/2015 at 11:18 am
We have purchased a bungalow with a driveway and we want to build a garage at the rear of the property, within our garden, however next door's property (not adjoined) already has a garage in the same spot on his side, whose wall is sitting on our boundary line (in fact they didn't allow the previous owner of our property to repair a piece of fencing just past the garage which sits in line with the garage wall because they would have had to go into their garden to do it!). The neighbour says they didn't build the garage, it was offered as an option for the buyer's of the property by the builders when the row of bungalows was built but the owner of our new property didn't want one. Now we have come to build our garage, it means we can't build up to the boundary because our builder will not be able to build it without allowing space for the roof felting over the top etc. which means we would have to rip up our path the other side to get the garage in away from his garage wall.

Was the original builder of the bungalows correct in building next door's garage right on the boundary line between our two properties ?
Hoppy 06/11/2015 at 6:56 pm
I own a yard at the back of a row of terrace houses. Two neighbouring occupiers, who are related, have erected a double canvas canopy across the back of their houses. They have two large settees, a table and various other items under it. I have tolerated it all summer but now have told them to remove it. They have refused. Am I in order in removing myself without resorting to Courts proceedings?
Cindy 06/11/2015 at 6:20 pm
I recently moved into a property which had a privet hedge running down one side, abutting 2 neighbour's gardens.. Both neighbours have fences on their side ( and have had for 12-15 years.) Neither neighbour maintained the hedge and their fences line up with the edge of my property visually. I spoke to one neighbour who had no issue with me removing the hedge as they said it was on my land, however the other neighbour is accusing me of removing a boundary and taking her land. She says that her fence is only temporary ( been there 12 years) and she intends to take it down. To complicate things, part of her boundary is her garage wall which she recently extended. The plans which I have viewed show the extension built up to the boundary which led me to believe I was within my rights to remove the hedge. How do you. determine the exact point of a boundary ? ( my property is 1930's and deeds are vague?)
ProblemNeighbours Editor 05/11/2015 at 12:12 pm
Do they already have planning permission or is it permitted development? Check that out first. Check the documents you saw at the time of purchase - were the boundaries marked out? (If you have a mortgage you will have to request a copy of your title deeds). If in fact the neighbours have been using "your land" for 20 or 30 years they will need to apply for adverse possession to continue using the land and you will be given the chance to oppose it.
Helen 04/11/2015 at 8:39 pm
I wonder if anyone out there could give me some advise? I purchased a property a few months ago and now the neighbours have informed me that they are building a large extension.
They intend taking some of my land which they claim originally belonged to them - and I am guessing this took place probably 20 or 30 years ago with the previous owner. I knew nothing of this at the time of purchase as the garden was totally overgrown and inaccessible.


Can I stop this, even though I have only lived there a few months?
Bitterly upset. 27/10/2015 at 7:34 pm
The whole side of our 200 year old cottage is deemed as the boundary with our neighbours that live in an ex-pub. Last week they took possesion of a large caravan but they couldnt get it between our two properties and without asking they removed our corner guttering. We have never refused a request and vice versa. However we were annoyed that no request was asked. They are now not speaking to us and have placed it in the hands of a sokicitor. We phoned them and the solicitor told us that they have every right to take it down as it is in their airspace even though guttering of some form has been in existence since the house was built. We have also been told that even though three of our windows overlook the property and always have done, we do not have the right to clean them or carry out any maintenance work and must stay off the land. Surely this is wrong as we have lived here since 2001 and the owner moved in later.
We always had a good relationship prior to this disagreement.
ProblemNeighbours Editor 26/10/2015 at 11:36 am
When you purchase the property you will also be purchased the land that it's on. Because it's a new build, the boundaries can/will be accurately marked on any plans, together with any specified covenants or information. All should be made clear on any vendor's information and you should raise questions with your solicitor before completing the purchase.
Pete 22/10/2015 at 10:30 am
Hello, we are just about to buy a new build house. The neighbor sold part of their garden which is what our house is now built on. Our house is detached, but the room between properties is small, the neighbor also has there boiler in this space. Because of this, our fence doesn't go fully around this side of our building, which means our wall sits slightly proud of the fence. We've been assured that it's within our boundary and that the fence was only put there so that access was allowed to both sides of the building, as opposed to in the middle, which would allow no access to either. My question is, if the neighbor decides to claim this small amount of land back after the 12 year period, would that extend to our wall? Intern, meaning we no longer own it? This sounds slightly confusing! Good luck :-)
Thanks!
angry ang 19/10/2015 at 10:12 pm
Just bought a buglow when i took trees the ajoint garden has built a garage that is bout 2ft on my propety with a ugly drain pipe on his garage wall which is in my garden i have approached my neighbours he said its been built a long time ago i would like my land back with out any arguments any suggestions to resolve this
Naitch 15/10/2015 at 12:36 pm
We are in the process of buying a house that we are looking to extend out onto or convert the garage. It looks as if the neighbours to be own extension's guttering is over hanging our (hopefully) new garage which could effect how much we can extend. Where would we stand if it is indeed encroaching once we own the property?
ProblemNeighbours Editor 09/10/2015 at 2:10 pm
There is the possibility of adverse possession if they can show they've used this land for over 12 years. They would however, have to actually make a claim to register this land and you can oppose it. You will probably need professional legal advice.
ProblemNeighbours Editor 09/10/2015 at 12:17 pm
How long has the wall been in place? There's a chance the neighbours can claim adverse possession of the land if it's been there for some time (usually after 10 years). You will need to seek legal advice if you cannot agree between yourselves.
ProblemNeighbours Editor 09/10/2015 at 11:50 am
It's not unheard of for properties to be constructed in this way as it would usually only be access for two households, so shouldn't really be too much of an issue. These types of paths are generally supposed to be for "access" and access means that you cannot linger. So if the neighbour's children are using it as a play area, then your housing association should be willing to take action. If you are not happy with the approach your housing association is taking, you could try addressing a letter to their HQ or perhaps asking your MP to make a request on your behalf.
Rudds 08/10/2015 at 9:41 pm
Hello, our next door neighbours have a wall that is approximately 4 and a half inches over the boundary line of our property. This was built before they moved in by the previous owners. We are looking to build onto the wall as part of a side return extension. Are we legal obliged to pay our neighbours for the use of the wall that is on our land to build into? Our neighbour are claiming so. Surely the fact that the wall is on our land implies not? We do not have the history of the original wall build or what was previously agreed.
Brainstorm 08/10/2015 at 7:54 pm
Re the earlier question about the pathway. Thanks for your suggestion but we rent through a housing association and they are not very sympathetic so I doubt we could access the deeds because we believe we would need their approval/permission. We'd be grateful for your opinion on this. Thanks.
ProblemNeighbours Editor 08/10/2015 at 12:54 pm
Check the deeds to your property...these will give details of the boundary and also any access rights or restrictions.
Brainstorm 08/10/2015 at 10:43 am
Our house borders on one side (kitchen and lounge) on a tarred pathway. There is no boundary as such, the wall just fronts directly on to the path. Principally this pathway is an access to two neighbour's houses. It has recently become very busy and noisy with neighbours' children running past frequently and making a nuisance. Both the lounge and the kitchen have windows on this side, and the kitchen door opens onto the pathway, so our privacy is badly compromised. What we wonder about is whether it is actually legal? Surely there should be some sort of boundary, and there should not be walls with windows fronting directly on to a pathway?
Rich72 04/10/2015 at 8:40 pm
Our property was built in 2004 and the garden backs onto another set of properties in a neighbouring street. Due to the presence of several large trees, the developers who built our property built our back fence several metres inside the true boundary of the property. These trees have since been removed and we would like to move our fence back to take in the remaining land we believe falls inside our boundary. However, the rear fence of one of the properties backing onto ours has been removed and the owners claim they have treated the land as theirs for over 17 years. The land itself is overgrown with brambles and bind weed (part of the reason we want to tale control of it so it can be cleared). Also they have not ,in that time, erected a new boundary fence to include this land within their property. Do they have a claim on the land simply because their boundary fence was taken down some years ago?
ProblemNeighbours Editor 23/09/2015 at 2:25 pm
Sorry it's not clear what has happened here. Has the fence simply been rebuilt where the previous one was?
Mo 21/09/2015 at 8:53 pm
My neighbour has taken down a fence which has been up for 30 years plus and built a wall across my land, the land does not belong to her if that is the case I can claim Adverse Possession after 10 years, where do I stand?
ProblemNeighbours Editor 21/09/2015 at 12:28 pm
After 40 years, you'd have a good case for adverse possession of this land anyway. Say no on those grounds, but seek the advice of a solicitor to be sure.
ProblemNeighbours Editor 21/09/2015 at 12:24 pm
It's not always possible to rely on Land Registry plans or old deeds to define an exact boundary. So if your neighbour can show his "fence" has been in its current position for at least 10 years, he should be able to acquire title to the land. Your best option would be take legal action now rather than waiting.
pudgy 20/09/2015 at 11:51 am
We have lived in our house for nearly 40 years, our neighbours moved in 15 years ago,we have a fence up and a hedge,they had new extension built and now they say the fence which was there when they bought the house is encroaching on their land and they also want us to take our hedge down are we within are rights to say no,
Terbear 20/09/2015 at 10:56 am
We own a semi detached house (purchased 1year ago) the bungalow next door currently has a timber out house which attaches to our garage extension. It appears the timber structure over hangs our boundary line by approx 1.5 foot. This was built prior to us moving in. I'm concerned that this effects our boundary line and any future developments we are considering. Is it worth while getting them a covent to sign as I'm aware after 12years they could claim this land. Can anyone please advise.The timber structure was erected by a previous owner not the current owner who has lived there for 3years.
smith946 17/09/2015 at 3:28 pm
I suspect that the windowsill of my neighbours conservatory is overhanging the boundary line onto my property (its a semi detached house). I'm looking at getting an extension built on the back of my house and one of the sides would need to go flush against their conservatory wall however the windowsill would prevent this. What would be the best course of action for me to follow? the conservatroy has been there for some years (i moved into my property in 2011 and i'd imagine the conservatory had been there for a few years prior to that) am i within my rights to get them to make alterations or are my hands tied due to how long the conservatory has been there?

thanks
hel 11/09/2015 at 7:48 pm
According to our deeds we are responsible for the fence to our left as we look down our garden...however the previous house owner of the house next door removed the fence that was there and erected her own...she then sold the house.The fence is now falling down and the guy in the house next door says it has on their deeds we are responsible for it?..surely not?..how do we stand legally now as the fence we put up was removed by the previous owners of the house next door...wouldnt that give them automatic tesposibility for it?
ProblemNeighbours Editor 07/09/2015 at 12:35 pm
If your neighbours are disputing what's in your deeds, can you not obtain a copy of the deeds and show them?
annie 06/09/2015 at 5:16 pm
Hi we bought our house 30 years ago and in the deeds because ours was built onto the house next door. The planing says must be parking for two vehicles for both dwellings. So we have always parked at the front. Now new people have moved in and saying we must park round the back , but that is only a field. We have right of way all up the road the deeds say. Please hope you Can help me.
ProblemNeighbours Editor 03/09/2015 at 9:52 am
If you've been using the access for 28 years it is likely that you have acquired a right of way. If you can prove you have "enjoyed" this right for 20 years (or more) and used the path openly and without the need to employ force, then you should be able to obtain a declaration that you have formal right of access (you might need a solicitor's help)
Fozzie 02/09/2015 at 2:01 pm
Hi 28 years ago there was a new build at the back of our property and in doing so there was a private road made to access it and the builder whom owns the land gave us permit ion to access the back of our property, know 28 years latter the new people who have moved in are saying we cannot use the access any more what can we do about this please
trampuscat 28/08/2015 at 4:46 pm
My neighbour keeps paving over his front garden so he has parking for up to 7 vehicles. His latest extended paved area is causing me concern because his garden is higher than mine and I am concerned about run off water coming downhill onto my lawn and path and ultimately into the foundations of my property. There is a strip of lawn next to his latest paved extension but the area of his lawn is diminishing as is the possible area for seepage. There is now no flat area of his front garden left unpaved and what is left is sloped towards my property. There is no membrane between the soil (on which the lawn was and which has now been removed) and the concrete slabs.
Jannym 20/08/2015 at 6:59 pm
Hi

We have a 12ft boundary wall at the rear of our property. The plans from the original deed of transfer in 1988 when the property was first purchased from the local authority by the previous owners show that it is owned by us. However in 2000 the land behind the boundary wall was developed into housing & the ground level increased greatly so that it is now 2/3 up the wall. Due to the amount of soil now resting against this wall & the moisture from it, the wall is severely damaged & also has plants sprouting from between the shot bricks. Who is responsible for repairing this wall given that it is their property that has caused the damage?
ProblemNeighbours Editor 18/08/2015 at 12:52 pm
The dispute will be on record. It would be in your interests to document any issues relating to the boundary - together with information about the resolution and getting your neighbour to sign this (along with the witnesses if possible).
john 17/08/2015 at 8:36 pm
Hi, I had a boundary dispute with my next door neighbour and at one time we did both have solicitors, but nothing got resolved.

But three years ago we came to a compromise and resolved the dispute by shaking hands in front of 2 witnesses. (Have no issues now)

I'm thinking of selling my house will this cause problems in the future as nothing legal as been written and signed.
ProblemNeighbours Editor 17/08/2015 at 12:27 pm
Is it your wall? You could always leave the other side if you cannot see it anyway. If it needs doing for genuine maintenance purposes, you can ask the neighbour for access. Take a look at the article on this.
ProblemNeighbours Editor 17/08/2015 at 10:18 am
No, if it's not your property there is no automatic right. However, if the owner/neighbour cannot see or access this piece of land, we're sure they would be open to negotiation with you over it.
wee t 16/08/2015 at 8:46 pm
I am painting my house and garden wall one side of the wall faces neighbours side but the wall is on my boundary can I paint it, I would need access to her garden to do this, I could lean over and paint it and put a cover on her stones to prevent paint splatters but I think she is going to be difficult and tell me no I can't enter her garden and also tell me to get cover off her property what are my options please
Niks 16/08/2015 at 3:05 pm
Hi please can anyone advise.Our garden backs onto someone's extension. Basically a tiny bit of lawn right at the back is actually theirs ( area of property) but there is no way of them getting in to use it or even able to see it. We want to make it look nicer by placing stones down as it will make our garden look nicer. Do I have a right to do this?
liZ 12/08/2015 at 4:20 pm
advice please, There is a gap between our garage and our next door neighbours garage. when we moved in 20 years ago, it was overgrown and unsightly. Over the years we cleared the area and put down stones, making it cleaner and a more useful space. we have used this area to store wood, garden containers etc. It sits about three feet below the level of the front of the house and cannot be seen from the road. we erected a small gate. however, our neighbour has recently gone into the area, which we know half belongs to him and has marked out a boundary. This in effect has made the portion of land useless. Can he himself determine the boundary or should've have brought in an expert. We think he has done this because house opposite had boundary dispute, which showed the new houses, which ours is one had had land taken by older residents. personally boundary overall does not concern me, but the loss of this useful area does.
ProblemNeighbours Editor 05/08/2015 at 9:39 am
@Jon. Have you explained to the neighbours why you did this? We're sure the police will not bother to take any action over it.
Jon 05/08/2015 at 8:21 am
I live on a cliff and my neighbours vacant property had a lose fence panel at the cliff end which was making the rest of the fence move backwards and forwards. I took down the last panel to make it safe, now the neighbour has returned and says he's going to call the police. I did it in the neighbours best interest to preserve the rest of the fence. If I have to pay to repair it I don't mind I'm just worried about a criminal record
ProblemNeighbours Editor 27/07/2015 at 2:37 pm
@kie. If the garage is on her side of the boundary and belongs to her, then she can do as she likes (from how you've explained it). You could always erect some kind of trellis etc to block it out.
kie 25/07/2015 at 5:50 pm
My boundry cuts into my neighbours garden where a garage is built. Without permission my neighbour has painted the garage on her side white. Now where the fence is i can see the white paint. Ive asked her about it but she refuses to remove it. Do i have any rights to force her to remove the paint as it looks ridiculous. Thanks
ProblemNeighbours Editor 27/07/2015 at 10:41 am
@Doras. Unfortunately without all the information and sight of your deeds and those of your neighbours, we cannot give much useful advice. In general you would have to seek a court order to get access rights removed, so you should really speak with a legal professional before simply blocking the access.
doras 23/07/2015 at 9:39 am
We have bought an end of terrace house of which there is an alley to the side of our house which belong to ourselves however we have to provide access to the property attached to us number 83.On the other side of the alley there is a property that is being used to home people with disabilities number 85. Nothing severe just people who cannot live by themselves however we have noticed that they have a door on their fence which leads into our property (the alley).We are only concerned as we were thinking of speaking to our neighbours (number 83) to remove their access and extend our garden. However we have found out the the property which is not noted on the deeds as having access (number 85) is currently using our alley as a fire escape route.Are they able to do this without our permission?Also how would we go about gaining / removing our next doors access rights how would you suggest approaching them?If you are able to provide any advice that would be very much appreciated.
Sean 20/07/2015 at 9:23 pm
Hi Iv just bought a Maisonette and on my deeds it Ses I own half the back garden. My neighbour seems to think there was an agreement (legal) one made. He can't show me prove of paper work and he won't take his fence down letting me onto my garden. What do I do ?
Wenders256 18/07/2015 at 4:32 pm
My neighbours shed encroaches into my land by approx 50cm. It is in a bad way and is mostly constructed of asbestos. A solicitor has confirmed that it is trespassing over the boundary and a surveyor has recommended knocking it down. My neighbour is refusing and as we cannot afford to take him to court the eyesore remains. Can I remove the side of the shed that's in my garden or would I be done for criminal damage? It's hard to describe, it's about 3m long and is replacing a party wall or fence. It has been badly built from various materials and is sitting in our garden. The sloping roof causes rain water to flood my garden and there is rotting wood falling into my land daily. My main concern is the 2m x 2m damaged asbestos panel that sits in my garden that I've been told if I remove my neighbour will contact the police. My son who is 7 kicked a football at the shed the other day and the police called round! Luckily they agree that any damage is accidental due to the location of the shed....you need to see it to believe it!
Emma Young 17/07/2015 at 5:20 pm
We have just had a new roof on our 1930's semi. Our atrached neighbour is disputing the boundary line with reference to tiles that overlap onto his side. He doesnt like them and want a perfectly straight line? Is this even possible? Please advise
shorty 17/07/2015 at 12:58 pm
Hi, I have read the information on this page, but just wanted to check if I have any chance of getting my neighbour to replace a missing fence panel. The panel got damaged in the high winds a few months ago, and as there is approx 1 and a half foot drop from our property down to theirs, so it is not only a privacy issue but a safety one too. The house is rented and having spoken to the landlord I am getting fobbed off with no commitment to a time that this will be fixed. Do I have any right to expect this to be fixed? The old panel was in a bad state for a long time but at least it was there. Now we just have a big hole and a danger for our young children. Thanks.
BC 16/07/2015 at 7:19 pm
With regards to boundaries (rear garden) my neighbour can access her back garden from either a back pathway or a front pathway.. we have both agreed to block off the front pathway to give each other more privacy.. its all on good terms, even sharing the costs. it doesnt impact on anyone else, do we need to inform any body else or sign something...
Adele 15/07/2015 at 7:37 am
I've just erected a new fence and the neighbours were in when it was done and happy with it. They've now come back and complained it isn't completely straight and encroaches their land by 2 inches at one point before returning to its right line. The exact boundary is unclear from the title deeds. Do I have to move it?
ProblemNeighbours Editor 17/07/2015 at 1:54 pm
@hazebaze. You haven't said whether the houses are attached or not? Is the guttering joined to the neighbours property?
Hazebaze 14/07/2015 at 12:35 pm
My friends guttering of her house overlaps her neighbours house.apparently it's blocked over her neighbours boundary and leaks a bit.its not causing her any nuisance,but neighbour is insisting she pays for repairs!she has no money,so I wanted to know,as the troublesome bit of guttering is the bit on her neighbours house,does she actually have to pay the repair,or is it down to the neighbour who is complaining?
twigs 06/07/2015 at 9:35 pm
Hi. We own an ex council house and so Does our neighbour. All the houses share a driveway. Unfortunately some years ago our neighbour was allowed by the tenant at the time to erect gates right across the shared driveway and also took a metre of our boundary. What options do we have? We're worried once the elderly guy passes that new neighbours won't allow us access. Do I have the right to Tell him he needs to remove the gates as they block our access to the shared drive?
ProblemNeighbours Editor 08/07/2015 at 10:22 am
@maggie. In general a fence should be no higher than 1 metre at the front of a property and 2 metres at the rear. Check with your local planning office to make sure there are no other regulations/bylaws in place in your area.
ProblemNeighbours Editor 08/07/2015 at 10:21 am
@Maggie. In terms of the fence, if it's theirs/their responsibility they can do what they like with it. In terms of entering your garden without permission, this could constitute trespass - you could ask them not to do it again, it's hardly worth prosecuting them over though. If you are unhappy with the appearance of the fence, your best option is to erect one of your own, or some kind of free-standing trellis or screening on your side of the boundary. Be careful to not to actually attach anything to the neighbour's fence as that would be criminal damage.
maggie 03/07/2015 at 10:54 am
My neighbour has put up a fence with a 1ft plinth what height should fence and plinth be next living room window
maggie 03/07/2015 at 10:49 am
My next door neighbour entered my garden to mend a knot hole in their fence without my permission using white polyfilla on Brown fence made bad mess. Has she the right to this?
ProblemNeighbours Editor 07/07/2015 at 10:51 am
@Olsmythe. Who owns the field? What do your title deeds say? We suspect it is the owner fo the field who is repsonsible but cannot say for sure. A boundary specialist will be able to help if your deeds are not clear about this.
olsmythe 02/07/2015 at 9:45 pm
our garden backs onto a field and has a wall separating our garden and the field. the wall runs along the back of around 20 houses and is falling down. Is the council responsible for the wall or is each house responsible their section. The wall is leaning over across all these houses. also if each house is responsible for each section of this wall is it covered by insurance and what would happen if someone was injured when the wall finally falls over
ProblemNeighbours Editor 07/07/2015 at 9:52 am
@owler. Sorry we don't have any information about your arrangements. Check your deeds and ask you neighbours to check theirs (they should be say the same thing!).
Owler 02/07/2015 at 5:03 pm
Hi,

We own a semi detached house in which between our neighbour is a shared path for both houses to use. On our side of our house, there is a partition wall separating our and that path. Our neighbour has not put up a partition/boundary wall so it almost extends as if that path is their own drive. Does I have any legal entitlement that enforces the neighbour either to put up a defined boundary by means of either a wall or kerning or edging as despite repeated discussion, they keep abusing this boundary...Would appreciate any feedback. Thanks
ProblemNeighbours Editor 06/07/2015 at 2:31 pm
@Delboy1970. Check your own title deeds for details of this.
Delboy1970 02/07/2015 at 1:41 pm
Hi There

I wonder if you can help. I satay in a mid terraced house and my neighbours
house is built slightly higher that ours they have bricks that run into our
property and they claim that from the edge of the bricks that is were the
boundary is. This has only come to thier light after 23 years because they claim thier solicitor told them that the boundary is in our property.


Thanks

John
ProblemNeighbours Editor 02/07/2015 at 12:44 pm
@Rob. Is the "mound" blocking the shared access? If so he can be made to move it but you may have resort to a solicitor's letter if he is not acceding to your request.
Rob 29/06/2015 at 5:34 pm
I share a alleyway with 5 other terraced houses and the end terrace has a little hardened cement mound just near his house wall which is unsightly I have asked them t move it but to no avail can I take legal action
Corbin 24/06/2015 at 11:39 am
Hello, Advice please.

Neighbor [in rented accommodation] has just completed a small building at the back that is by the fence boundary. However, his guttering trespasses the boundary and touches my building. Our two houses are frustratingly close.

Other than his guttering crossing into my property, its location inhibits any access to that area of my wall should I require any work carried out.

If he refuses to remove it - can i remove it? And, if I were to unintentionally damage it whilst removing it, am I in any way liable?
ProblemNeighbours Editor 24/06/2015 at 9:48 am
@Brummi98 - Take a look at our article on What to do if your neighbour is spreading rumours
bono 24/06/2015 at 12:07 am
Hi everyone,
I really need your help.
We moved into our house 2 years ago and are now wishing to replace the old fencing and posts with new panels and posts. We own this boundary. However the neighbour has a metal post installed deep on our boundary line. This metal post was there before we moved in and is used by the neighbour to hold a shade sail up.
Can I ask my neighbour to move the metal post slightly into his garden so that it is not sitting on the boundary line? This will allow me to install full length fence panels. If he doesn't want to move it what rights do I have to get it removed from the boundary line? For the long term I wish to install full sized fence panels and not have to cut any of them them to fit in with the metal post.
ProblemNeighbours Editor 29/06/2015 at 12:59 pm
@poppy. Why do you want to turn your fence around? If the fence belongs to you, your neighbour cannot attach anything to it. If you cannot discuss this with your neighbour you will need to seek professional legal assistance.
poppy 23/06/2015 at 7:36 am
Hi, my neighbours bindweed and other shrubs are stuck to my fencing and preventing me from turning fence round without damaging plantation that's stuck to it. Don't speak to my neighbour as a number of years ago i painstakingly pulled out all the overgrowth that was coming through to my garden but was reported to the police for criminal damage, however there was no further action taken as the council was in agreement that the garden was over-ridden with the overgrowth. i can't turn fencing round without damaging her plantation that is stuck to it and am scared of being reported to the police again. Please help i dont' know what to do and i don't know my rights.
ProblemNeighbours Editor 24/06/2015 at 2:26 pm
@KK. Get the builder back and ask them what they propose to do about it. If you keep callig them when the problem worsens then they will accept that a proper repair or replacement is needed
kk 20/06/2015 at 3:10 pm
My house is 6 foot above my neighbours. Last year they dug part of the bank out between the houses so they could store their caravan there. Their builder cut over 20 foot in length away and left it a week our flags started slipping and we ended up contacting planning at yhe council who came and said they had to shore it up straight away or the council would do it. Their builder put some edging in when I complained however 12 months later all my flags have moved again. What are my options I can't afford to try and rectify the problem myself
Brummie88 19/06/2015 at 8:07 am
My neighbour keeps on saying that we've damaged his roof & guttering! Me & my husband have lived here for 2 years, before we moved in (June '13) we made some vital repairs, which included repairing the roof, now our builder did lift some felting from our neighbours roof, but we made sure that was repaired!! However 2 years later our neighbour is now saying we damaged his chimney pots & guttering? He tells anyone & everyone this (we can hear him @ the bus stop slagging us off & he insists on telling any workmen we have!) but us! I once saw him in the garden & I asked what am I supposed to do 2 years later with no proof what so ever, I asked him why he didn't say it when these incidents supposedly occurred so we could've got HI involved, but he said we seemed like the sort of people who didn't have insurance? (I don't know what that is supposed to mean but my Hubby is a supermarket manager & I work in a bank) I left it at that. But recently his slagging off is getting worse & he is making out me & my hubby are some horrible vandals & make out we don't look after our home (like I said, I can hear him @ the bus stop) what can I do?
ProblemNeighbours Editor 16/06/2015 at 12:27 pm
@D. It depends on what's in your deeds/whose responsibility the fence is. If it's joint responsibility you would have to consult the neighbour (even the new one). Remember though, that there is no general obligation in law that requires you to fence your boundaries, so there's a chance the council could be wrong. You should investigate this further.
D 11/06/2015 at 2:11 pm
hi there my last neigbour and i put a fence round the boundary garden we both paid for it but he said that half was a birthday gift to me. when he moved to a bigger house i started taking down the fence on the other side to split my new neighbours and myself off and for more off my security as they are a lot of break ins to huts and gardens round the area where i live and i had the councilup at me telling me to get the fence back where it was and i told them it was mine. anyone know where i stand ??
ProblemNeighbours Editor 16/06/2015 at 10:12 am
@Is. Unless the deeds (and Land Registry records) are really accurate, the rules of adverse possession could apply anyway. If your neighbour can show that his garden fence has been in its current position for at least 10 years, he could acquire title to any land on his side even if you can show the legal title is yours. It's one you're going to have to work out with your existing neighbours and potential buyers really.
Is 10/06/2015 at 9:26 pm
Hi I have an issue with my boundary my neighbour, I am just in the process of selling .and the buyer have flagged that I have a fence in the wrong place..looking at my title plan they are correct. where do I stand with my neighbour on this.. is I ok if I just move the fence.. I have been there for 10yr with it like this. I have spoken to my neighbour and they were not please about me moving the fence. I am ok just to get someone it to shift it
ProblemNeighbours Editor 15/06/2015 at 12:47 pm
@g82. Yes unless the neighbours can claim adverse possession in some way. You may need to seek professional legal advice.
g82 10/06/2015 at 1:29 am
Our neighbours are claiming the land between our houses is shared. Our deeds and their deeds clearly show it is not and there are no covenants either. We want to erect a fence but they are opposing this. All the evidence they have is a letter from a former owner claiming to have removed the fence in the 60s and saying it has been shared ever since. nothing legal has been presented by them to prove it is shared. Can we put up a fence?
ProblemNeighbours Editor 09/06/2015 at 11:12 am
@Guy. Wow, a lot of information and a bit hard to visualise, sorry. You may have to resort to legal advice here as it looks as though some investigations as to ownership and boundaries needs to take place.
guy 05/06/2015 at 2:47 pm
We have right of access out of the back of our property (from East Sussex council dated 1996) onto the road which Highways have confirmed twice (once in 1997 and again in 2015) the strip of land between our boundary and the road is public adopted highways.

There is a tall leylandi causing vision problems entering and exiting the property and based on information from both highways and the council we intended to have removed.

The neighbour to our left produced his title which shows they own most of the land as a strip around half of the close, Highways show it as their land.

We also have letters from the council in 1997 at least 5 years before the current owner purchased stating that the piece of land was unregistered. My suspicion is the neighbour has managed to register this land as theirs despite the boundary showing clearly on OS maps back to when the properties were built in the 1950's.

My concern is since Highways state they own the land the adjacent landowner (us) is also responsible for keeping the hedging under control and both our title and the neighbours does not state we have the right to close the neighbours land via the driveway. I cannot imagine council would issue planning permission for a driveway across land we or they did not own.


Any advice would be greatly received.
Fus 28/05/2015 at 1:06 pm
The boundary between my neighbour and myself is responsibility of my neighbour but we want to put a fence up now there is one boundary marker which the other people next to her have gone by but this neighbour said hers is different she thinks if I put a fence up level with the other one is my neighbour liable to prove it is wrong we have also gone by measurements on our original plans
Partypop 25/05/2015 at 1:20 pm
We have lived in our house for 7 years the back fence is about 1foot into out garden so the inside of out house overlaps next doors garden. A new fence had been put up to replace a brick wood so I think this was when it was moved. I have never complain as I got on with my neighbour. But it looks like the house is going to be sold in there any way I can get the measurement of what my garden should measure
Thanks for your help
GC 24/05/2015 at 3:18 pm
We have checked out land registry and it clearly defines our land to our neighbours they are claiming it a joint driveway. Talking to all other neighbours they have all set their boundaries and put up appropriate walls/fences. Are we able to put up a fence as she will not happily agree to where the boundary is.
Robie 21/05/2015 at 7:30 pm
When reading building plans where a distance is shown as 1 metre from gable end to party wall, where is the measurement taken to, is it to the inside, centre or outside of the party wall?
Su 20/05/2015 at 2:07 pm
We moved into our home just over 9yrs ago. Almost from the off our neighbour was being anti-social. Their garage is built on the boundary. We are in charge of the boundary and there was a full row of trees between our houses when we moved in. Our neighbour wanted them out so we took all but one out, leaving one at the top to prove the boundary.Since this we have had nothing but abuse from them. They want the tree moving and say the land is theirs, even the police are bullying us to take it out. Why should we give them this land when its belonged to our house for over 40yrs?. Because their garage is built on the boundary we also have their guttering on our property, we also get hassle from them about them having access to our property. Its all too much for me, we bought a detached house so we wouldn't have any hassle.
Beverlymacca Editor 07/06/2015 at 9:48 am
@hev phone his estate agent and tell them there's a boundary dispute.
ProblemNeighbours Editor 22/05/2015 at 10:53 am
@hev. He should not attach anything to your boundary walls. Unfortunately the only way to get these removed if the neighbour has refused your requests is via legal action or mediation. You could also try asking the estate agent to mention it to any prospective buyers to ensure that they know you need them removed.
hev 19/05/2015 at 7:31 pm
We have been in our house for 15 years and our garage rear wall backs on to a neighbour's garden. Sometime ago we noticed that he had taken all the guttering down and screwed two fence panels to the wall. The boundary line is approx. 1ft from the wall. The problem is now that the back wall is damp we have since put up new gutters but he refused to remove the panels and the wall can't dry out properly we have written a letter to him and received a reply saying that he has better things to do. I now see that his house is up for sale what do I do about getting the panels removed ?
ProblemNeighbours Editor 22/05/2015 at 10:29 am
@Betty. No you should not attach anything to your neighbour's wall/property.
Betty 19/05/2015 at 4:21 pm
I have had a light attached to my neighbours garage for 20 years. The garage wall is the boundary. It has been removed during renovations and now the neighbour is refusing to have it replaced . Do I have any rights to replace the light?
Mrs c 14/05/2015 at 10:27 pm
I own my property, neughbour is council tenant. The put planks on my roof without my permission or even asking beforehand ,to complete work on theirs but they have caused damage to my roof. Can i claim them for my own builder to repair?
happy 10/05/2015 at 11:28 pm
Celiac, did you get an answer to your question? I am in a similar situation! Is 21 day the legal limit?
ProblemNeighbours Editor 28/04/2015 at 9:45 am
@I. You'd need to check with the owner of the visitor's space and your own deeds to see if there are any access rights.
Big J 26/04/2015 at 1:20 am
Lot of the questions are the same I had a problem with a noisy neighbour in the flat below me. Asked him to turn the music down but threatened me with violence not to pass his flat ever again which I have to get to mine the landlord never did anything until my Mum came over once & she witnessed it. So went to the police & they given him an eviction notice.
ProblemNeighbours Editor 30/04/2015 at 12:00 pm
@Celia. You should seek legal advice on this. Having used this part of the land for more than 10 years the neighbour may have the chance to claim adverse possession. Your means to getting him removed might need involve an application to a court for a possession order.
Celia 25/04/2015 at 5:12 am
I bought my terraced house 20yrs ago. For many years the garden lay unkempt and we didn't make much use of it. The fencing was falling down and missing in some areas. Recently we started building work and looked to sorting out the garden. When we started replacing the fence we found that the neighbour on one side had taken about 30cms x 600 cms of our garden widening the end of his garden out using paving stones to do this. According to the neighbour it was done 17yrs ago and he is claiming it is his. Our deeds illustrate straight lines on the boundary between his and our property. Whilst I thought they had built too far over I didn't know how to prove it , now with everything clear it's plain to see. I cannot build my fence in a straight line and loose quite a bit of my garden, all my other neighbours have straight boundary lines. I have tried speaking to him but he remains adamant that it's his land. I have given him notice to remove his property I have informed him that he is trespassing and that if he doesn't move his paving etc within 21 days we will be forced move it for him. I also added that whilst great care will be given not to damage his property I will not be liable for this as warning had been given!What are my rights in this situation??
ProblemNeighbours Editor 29/04/2015 at 2:09 pm
@millie. Usually the limit for rear garden fences is 2m in height, while front gardens have a 1metre limit. You will need to check with your planning authority. This kind of height would not affect anyone's light etc (there is generally no right to light in a garden anyway).
millie 24/04/2015 at 11:51 am
I have lived in a bought property for over 20 years. My garden sits adjacent to my neighbour's and there is an existing 3ft fence which separates the two gardens at the moment. Recently, I bought the materials to build a new 5.5ft fence for more privacy however my neighbour has stated that this height will obstruct sunlight from getting into his garden.

Can anyone give me advice on whether I need to lower the height of the fence or whether I am within my rights.
Thanks
ProblemNeighbours Editor 29/04/2015 at 11:04 am
@Mog. Contact the council. This part of the park will still be within its boundaries and will be their responsibility. They may have a park warden or be able to liaise with a PCSO who can take steps to help.
Mog 23/04/2015 at 7:53 pm
We live at the back of a large public park, but all the houses surrounding it have about 6-10 foot of thicket, baby trees, and shrubbery to 'separate' them from the it.

This week a HUGE bunch of children have started pulling in all manner of rubbish literally two foot behind my back fence and have 'built' a den.. well.. more like a house of crap. They have broken down many of the small trees which has removed a lot of privacy from my house and even though I keep asking them not too damage the trees.. give it a few days and they try again.

My question is this.. what the hell can I do about this? Is the barrier between park and house council land, public land, my boundary or what?

The noise from the park is one thing, but the noise from 10 kids camped outside my back fence is completely another. Not to mention that a childrens den / structure today is a hide out for a completely different breed to teenager tomorrow once they see it (we already have a huge teenage problem at night). Its obviously dangerously built.. and all said and done just a huge pile of rubbish.

I am not a kill joy, but there is no fun in this any more and its been going on for 7 days now and the crowd has grown from 2-3 to the aforementioned 10 now. Between the hours of 3:45 and 8:30 its just banging, screaming, swearing right in my back yard (ok 2 foot beyond the fence anyway)

Talking to them friendly as not helped, and to be honest, in this day and age, I know I will just get 'mums and dads' coming round giving me grief for telling off their little angels (though believe me, the amount of m**ther f****rs I am hearing from the mouths of these darling 8-10 years olds makes me despair of kids today.. but thats another story

advice on way forward much appreciated.. if I clear it myself, I have no way to dispose of the rubbish to be honest.
ProblemNeighbours Editor 28/04/2015 at 2:02 pm
@bertie. Who owns this alleyway? You would need to check with the owner about purchasing. Legal advice should always be taken when permanently blocking off an access route, as this may affect any future sale of your property or those of the neighbours.
bertie 23/04/2015 at 2:58 pm
I live in a end of terrace house with a garage in my back garden to gain access there is a dropped kerb and wide alley that also provided access for 6 houses only for the neighbours to walk down or up to get to the back of their properties, 20 years ago I decided to split the alleyway leaving double gates for me and a single gate for the neighbours and dividing the alley with a 6ft fence. All six neighbours then took me to court and the judge ruled that the fence and the gates could stay, only one neighbour had been given permission to walk through the double gates to gain access to his property because initially he was the only one who went to a solicitor the judge felt the other five neighbours had only gone to court to support him. since then in the twenty years the neighbours have never used the alley and we now have trees and heavy overgrowth access would be impossible I would like to know is if there is anyway I can purchase the alley or claim it, neighbours over the twenty years have come and gone and we have never been approached by the new owners regarding the alley ?
j 22/04/2015 at 5:29 pm
My boundary goes right around a visitors parking space? Neighbours have parked in this and have said due to it being a visitor space they can park there whenever they like. They go over our boundary to get to it, without our agreement are they allowed to do this
ProblemNeighbours Editor 24/04/2015 at 9:34 am
@robby. Probably not. You would have to check any additional requirements detailed in your deeds etc.
robby 21/04/2015 at 1:27 pm
16months a family boght the property next door on a shared drive,we have unbelievable trouble from the off.the back garden is like a building site,we have been forever cleaning the mess to our drive and rear gates our shared drive is like a patchwork quilt where they have patched bits up round the drains which have been replaced twice,our drive was not in great shape to start with so i told them it would help if they plated it to save more damage which they rufused,they must have moved 20 tons or more in and out of the back garden,am i within my rights to refuse them access to the shared drive until the damage is repaired ,
ProblemNeighbours Editor 23/04/2015 at 11:07 am
@kavala. You may be able to claim adverse possession, you should also go back to your conveyancer who should have pointed this out at the time of purchase. Either way, you may need to take additional professional legal advice.
kavala 20/04/2015 at 7:35 pm
My partner and I bought a semi detached house with an existing rear single extension. We have since learned that it encroaches the neighbour by 4". I have established that the extension was given planning permission and built in 1986/7. Therefore please can someone tell me if the neighbour can make us move it or can we now claim adverse possession due to the length of time it has been up.
ProblemNeighbours Editor 23/04/2015 at 11:02 am
@Kathy. If the fence is your responsibility then your neighbour cannot attach anything to it. You can ask him to remove it and place it elsewhere in his garden.
Kathy 20/04/2015 at 7:17 pm
Hi,
I have recently had a new fence put up at the back of our garden, it was replaced because the old fence ( which was paid by only me) as was the new one, The neighbour never offered, was broken. So we have a lovely new fence only to be ruined by bird poo as he has attached ( without permission from us ) a bird feeder to the fence also other items such as trellis and plants. We are unhappy about this. Do we have any rights to ask him to remove at least the feeder?
Many Thanks
ProblemNeighbours Editor 21/04/2015 at 2:00 pm
@poppy12. The conveyancing process should highlight all these issues...the solicitor will examine any rights of access/easements, restrictive covenants etc. It would take legal action to get these removed/changed.
Poppy12 18/04/2015 at 8:43 pm
Can anyone help with a potential house buying (on Monday!)..

I've put an offer in on a house which has been provisionally accepted based on selling my house..
The potential new house is end of terrace & row with side access to the garden.

Today I went to see the potential new house & the neighbour happened to be in her front garden. She was keen to tell me that the side pathway is shared access & that it's on the deeds! She said she only uses it if she has a lots of garden rubbish & it's not often.

The estate agents did not mention the shares access (funnily enough).
But over the years to come I was planning on extending to the side with a wrap around extension. Which may not obviously be possible if the shared access is on the deeds

The conveyancing etc hasn't even started yet, can anyone advise.. Firstly how to take it forward?
Secondly if there is officially shared access, is it possible to buy back the access So that an extension can be built?
Many thanks
Rosiemac 18/04/2015 at 7:30 pm
We share two strips of land with our neighbour which lies either side of a shared drive, when we have visitors we let them park in the stops but out neighbour always complain, we are not causing any obstruction or damage so are we within our rights
ProblemNeighbours Editor 21/04/2015 at 1:43 pm
@Genimast. Court action may unfortunately be your best option in this circumstance. You could try employing a land surveyor and sending your neighbour a copy of his report. A solicitor's letter is far more likely to have an effect though.
Genimast 18/04/2015 at 4:56 pm
On my property I have a barn and there used to be a fence about 18 inches away from the side of the barn running down the side of it. This fence was getting very tatty and my old neighbour was happy to have it removed and left as an open strip between our properties.She moved and the new neighbour has now said that the barn wall is the fence line and he has put up 2 separate fence panels, not joined up, one across the window in the barn and one across the door. The door is actually an old one and never used but he doesn't know that. It would seem he has put up these panels purely to stop my window or door opening across what he claims is his land The window can now not be opened more than a few inches and what's more his fencing is directly under the guttering of the barn, about 1 inch below.The boundary is definitely mine as my house has been there for 200 years. I've checked the deeds but the boundary line is drawn too thickly to show enough detail.His reply to my complaint about him taking my strip of land is to take him to court but I can't afford to waste too much money.Any suggestions?
ProblemNeighbours Editor 20/04/2015 at 2:20 pm
@Sue. If any part overhangs your property then yes, you can request it is moved. There may be some planning regulations in your area that prevent building close to a boundary, so check that with your planning department as well.
Sue 18/04/2015 at 2:03 am
Our neighbour has built a summerhouse tight to our fence & the roof encroaches about six inches over the fence into our garden,can we ask them to move it?
Sal 16/04/2015 at 11:05 pm
Sal here - thank you so much for replying to my post. We will get hold of our Title Deeds asap and take it from there. Once again, thank you.
ProblemNeighbours Editor 17/04/2015 at 10:48 am
@Jay Will. Check your title deeds to see whose responsibility the fence is/who owns it. If it's yours, you are correct that your neighbour cannot paint it etc. Does it matter really though?
Jay will 16/04/2015 at 2:54 pm
I have recently painted my fence, my neighbour has told me that he does not like the colour and is going to paint it a different colour on his side, I have looked into this, and am I to believe it is criminal damage if goes ahead with this, the fence is on my boundary and has been in place for 5 years, Kind Regards, Jason Williams.
blondinasyo 15/04/2015 at 9:38 pm
Sharing pathway between the houses(AS shown on land registry,deeds and confirmed by land surveyor).MY neighbour does not have fence to his garden.when we bought the house,a gate was there at the front of way.Since we moved we had problems with them to use the gate,putting me restrictions,telling us not to use it,not to leave it open,been locked. Now, they bought a dog who is left free on the pathway and my gas meter is there also.they keep saying to go to the court.Why should I go if I know my rights.Please advice .Or give any solicitors who deals with this situations.thank you
ProblemNeighbours Editor 16/04/2015 at 11:25 am
@Sal. Firstly check the actual boundary line if you can, from your title deeds. If you find that you (or more importantly, the previous owners) have encroached on the neighbour's land, you have 3 choices: (1) Agree with the neighbour to keep things as they are, have a plan drawn up and have the deeds annotated with the details (if this means the boundary is permanently changed, you'll need to inform the Land Registry). (2) Claim adverse possession, if you are sure that it's been this way for at least 12 years (3) Move your shed/bin store back to your side. You will require legal assistance for options 1 and 2. Of course you may find from your deeds that your shed is actually within your own property, in which case, your neighbour cannot force you to move it.
Sal 15/04/2015 at 2:40 pm
Help please! Shed and bin store are located in boundary hedge.

We moved into our property 4 years ago and did notice the shared hedge had been removed in part and our shed and bin store tarmaced area located there instead. This was probably done about 25 years ago. Neighbour now selling his house and has asked us to move shed and tarmaced area over into our garden the width of the hedge which it occupies. We will lose garden space and flowerbeds if we do this.

The hedge is shared and our shed and bin storage are located in the full width of the hedge (no further). This neighbour has a garage positioned a few inches away from our shed.

Legally where do we stand? Any help greatly appreciated. Thank you.
ProblemNeighbours Editor 16/04/2015 at 10:28 am
@desperate. What advice did your solicitor give? Surely they would not simply continue to send (unanswered) letters without suggesting the next step. Do your title deeds help your case here? Really your only recourse is court action if the neighbours are not responding to anything else.
desperate 15/04/2015 at 11:26 am
Our house was built in the 1970's with a side path that goes from our garage to the rear garden. The house next door was built some years later. On the map K448932 it clearly shows that the path is within the red boundary line. The area of land between the two houses is open and the boundary line runs directly down the middle.
Our neighbours are now claiming that half the width of the path belongs to their property.This also means that we no longer own half of the shared land.
While we were on holiday they have removed half the width of the path and claimed the land.
This is a problem because they are now only 44cms from our windows. All solicitors letters have been ignored. We are in our seventies and we know that we can't face a court case. All offers of mediation on our part have been ignored. Please help
ProblemNeighbours Editor 15/04/2015 at 12:29 pm
@lizzy. Check your deeds to establish the responsibility for the fence. You cannot assume it's yours or your neighbours simply by which side it's on as this is not always the case. If the fence is your responsibility you can repair it/do what you like with it etc. If the neighbour then does anything to the fence it may constitute criminal damage. If the fence is the responsibility of the neighbour, then there is also nothing to prevent you from erecting your own fence on the side of boundary.
lizzy 14/04/2015 at 7:54 am
Hi, we have bought our house and there is a brick wall to our right so the neighbours boundary. They are saying we have to fix the wall as the previous owners built it(the good side is their side). She is now breaking bits off and putting in our garden saying its your wall fix it but we have said she needs to check her deeds. We have trouble from the moment we moved in and she has been convicted of harassment with neighbour to her left and previous owners had noise meters etc and were in process of going to court. Police have told us to sue previous owners as should have declared it to us. But with relation to wall after we said check your deeds she now says she will pull it down and not put anything up, that wall is attached to our front brick wall, any advise please as making me so anxious. Thank you
ProblemNeighbours Editor 14/04/2015 at 12:52 pm
@Geordie. You should check any ownership documents/deeds that you have, to see if access rights are mentioned. If not, you may have gained access rights in 20 years of use, but would need to get this verified by a solicitor.
Geordie 12/04/2015 at 8:44 am
I own a field next to my house and use the fieldgate (which has been in use for over 20 years) on a regular basis. there is a 6ft. strip of land which I need to cross to get to the shared access road but the owner of this strip of land wishes to deny me access. What are my options
ProblemNeighbours Editor 13/04/2015 at 2:08 pm
@Bousey. No there is not usually a provision for this...it is the owner's repsonsibility. The neighbour should however contact the local community policing office to ask about ways to prevent persistent damage in the future.
Bousey 10/04/2015 at 7:27 pm
Hi
My Neighbours fence runs the length of his back garden adjacent to a public alleyway/footpath and is constantly getting damaged, does the council or housing association have a responsibility to replace.
The property is owned and the fence is to the right when looking on to the garden from inside the rear of the house.
Kind regards
ProblemNeighbours Editor 13/04/2015 at 12:00 pm
@jeffers. If the neighbour has been seen chopping at the fence, then yes of course this is criminal damage, especially as it's a fence on your side of the boundary anyhow.
Jeffers 10/04/2015 at 9:33 am
Hello, I wonder if you could offer me some advice please. Next door is rented out privately, we have had various issues with these particular tenants going back over a number of years, mainly due to damage to our property. We erected a fence on our side of the boundary - with the agreement of the owner (now landlords') parents, who lived in the property at that time. We have had two fences in 10 years due to damage from tenants. I have seen the current tenant chop at the bracing strip on our fence with a spade and pull pieces of timber off the fence. They have allowed their children to throw bikes and ride into the fence causing damage, without correcting their behaviour. The tenant seems under the misapprehension that the fence belongs to them, even though the boundary posts are still in place on their side. The landlord has made it plain that he is not interested in these matters! Is this criminal damage? We need to replace the fence, but I really cannot afford the expense and know the same level of damage will occur again! Talking to the neighbours - I may as well talk to a brick wall! Advice would be appreciated, thanks.
ProblemNeighbours Editor 09/04/2015 at 2:12 pm
@julietrobson. You really need to seek specialist legal advice. In general, if you've been using the land for 10 years you can sometimes claim adverse possession unless information on the original boundary is held at the Land Registry or detailed in your title deeds. You will need to check both of those before considering any further actions.
Juliet Robson 08/04/2015 at 9:53 pm
19 years ago I planted a beech hedge on what was the boundary which was marked by cobbles between my neighbours and myself. The house next door has just been sold and the new neighbours are saying that they want to pull the hedge down as it's on their land. This has never been disputed before, and has been in situ for over 12 years, so I'm wondering if the 12 year rule applies. The neighbour says that this only applies if there is a fence and not a hedge.
ProblemNeighbours Editor 07/04/2015 at 12:33 pm
@hayley. In general you can erect a 1m fence at the front and a 2m fence at the rear. You should check with your local planning department though, as some areas have different policies on this.
hayley 02/04/2015 at 9:35 am
Hello can i ask me an my only neighbour would like to put up 5 ft fence out front our front doors are at each side of the house and we have a path an road out side but across the road is a 6ft fence with one metre hedge on top but that is someone back garden on the corner of that road i am confused do i need planing or can we just put it up an go from there we both currantly have a 4ft fence out front thank you if you can help people around the area have 6ft plus hedges
ProblemNeighbours Editor 01/04/2015 at 11:30 am
@Phillipvinall. Sorry it's a bit difficult to picture this. Do your deeds say that you must grant access? If so, you can still erect a gate - even a self locking one, as long as those that have access are given a key.
phillipvinall 29/03/2015 at 2:02 pm
Our neighbours on one side have recently been robbed as their back garden has no gates and is free access to anyone. as a result it's made me think about home and garden security and the safety of my children. Our other neighbours however house's are detached with at least 2foot of neighbours land not fenced off down side of our houses. Their deeds say they have access to this side of their property, however to do so they have to come onto our land, now the interesting part. If we were to erect a lockable gate with joining fence at the front on our property our neighbours won't have free access To the rear. If they install their own gate but not a fence down the side of the houses it will defeat the object of us having a new gate installed As they will have access to their boundary but also access to our land and they won't lock it. If they install a fence between the houses on their land it will make gaining access (due to fire place flues) impossible. Can they stop us legally from securing our property and stopping my childred from getting out onto a busy main road. We will have no issue unlocking the gate for them when required but all other times it will remain locked for security reasons
ProblemNeighbours Editor 31/03/2015 at 2:27 pm
@magpie...you said they'd removed the fence?
magpie 28/03/2015 at 8:31 am
We went half's with my neighbour some 20 years ago for a new fence, the new fence was erected along the boundary line. Now this is where it gets messy. My neighbours knocked on my door, then it would have been some 15 years ago, and shown us plans of a single story extension that they were going to have built, they informed us that no planning permission was required as the building was only going to be a small one. We did not object as one day we would have an extension built. Anyway we went away for a holiday, when we came back 2 weeks later, there extension was up, they had removed 3 of the fence panels and built the extension right along the boundary line. We were not happy about this as no mention on the plans involved losing 18 foot of fence. He told us that there was nothing we could do.(we were only young then and naïve). Now today 18 years down the line we have been informed by our neighbour that they are going to replace the fence, I told them that that fence is OK and we have a lot of growing plants along the fence well established at that,
ProblemNeighbours Editor 31/03/2015 at 11:48 am
@Ajc. The original boundary exists regardless of other fences that have been erected. You need to check your title deeds to find out the position of the true boundary and also whose repsonsibility it is. If it is your responsibility i.e you own it - then you can do as you like with the posts. If it belongs to the neighbour, then the reverse is true. It may be a shared responsibility in which case you will have to negotiate a plan of r the fence.
AJC 27/03/2015 at 12:25 am
We've had a landscaping company start work on our back garden this week, when clearing the site of everything they were trying to pull out some old concrete fence posts on our garden the neighbour over the back came out and said that they mark out the original boundary which he says is his and for them to put them back.
He said he bought his boundary inside those posts years ago, he has a fence all the way around, these posts have been part buried for many years, there's only 2 feet visible above soil. Does he have any claim on the posts, or not as it appears he moved his boundary many years ago, we've only been here 2 years, trying to find out from other neighbours how long ago he established his new boundary.
Thanks
ProblemNeighbours Editor 20/03/2015 at 12:22 pm
@Slw. Was there a pipe there before? Is your house attached, detached etc? Is the pipe from the gutter is it waste water from the home etc? Sorry there's really not enough information to comment here.
Slw 18/03/2015 at 9:19 pm
My neighbours have just had a pipe which comes out of there wall down side of house over my fence & into my drain within my boundary are they allowed to do this without my permission? I've checked my title deeds but don't totally understand!?
ProblemNeighbours Editor 20/03/2015 at 11:22 am
@terri. Check this with your planning department. In general the only rule that seems to relate to this is that if a conservatory is within 2m of a boundary, the maximum eaves height should be no higher than 3m.
terri 18/03/2015 at 3:25 pm
My neighbour has had a conservatory built that is only 3"from my house it is a semi detached house it blocks our light he cannot clean it as he would have to come in my garden is there not a legal requirement for the space between the femce n my house ?
ProblemNeighbours Editor 18/03/2015 at 2:43 pm
@Twodogz. You will need to examine the deeds and any restrictive covenants relating to the property. It seems unlikely that this would not have been addressed to make it clear for future owners at the time of sale.
Twodogz 16/03/2015 at 7:56 pm
Hi, I bought my house in 2004. There is an alleyway in between my house and next doors. This is mine and provides access to my back garden. When I moved in there was a gate at the font of the alley. A post for the gate screwed on next doors wall. The neighbours moved in around 2007. I have recently replaced the gate and posts because they were rotting. My neighbour has told me to take it all down or she will. The gate was put there originally by Wimpey the builders.Where do I stand please. Thanks.
atta 16/03/2015 at 4:42 pm
Hi this is going to be long ,,, my brother moved in to the house next door ,,then we lost our father so I had an annex built ,for mother as she is disable,,I had new path put in at top of the building as in time mom will have to be in wheelchair,,they have been down since 2005,,he is saying now that I need to put original ones back,,,can he make me ??? Thank you jo
ProblemNeighbours Editor 12/03/2015 at 11:41 am
@moo21. If the neighbour has claimed it his own, then the only way it will show as theirs on any boundary maps/plans is if the register it with HM Land Registry.
moo21 09/03/2015 at 7:08 pm
Our garden has a small part of unclaimed land at the bottom. We are not able to buy it but our neighbour has taken it over. How do we get confirmation of where boundaries now end
ProblemNeighbours Editor 09/03/2015 at 2:35 pm
@hightower. If the neighbour removed the gate, then the neighbour is responsible for replacing it.
CJ 05/03/2015 at 6:05 pm
Hi, I live in a terrace, and my neighbour to the left of me owns his and the two next houses on the other side (three in total in a row if that makes sense)
He ahs just bull dozed all three front gardens and made one massive driveway. That's not so much the issue, but he has started to build a thrich brick wall right next to our fence, with hardly any gap between. We paint our fence every year to maintain it and now we will not be able to access it. We own the boundary. What can we do?
Thank in advance
high tower 05/03/2015 at 3:20 pm
Our neighbour is private, we are council we both have a shared path at the rear of house leading to a public path .our neighbour took down the shared gate when she erected a fence along her side of the shared path and never replaced the gate, which means it is lying open now.who is responsible for replacing the gate
ProblemNeighbours Editor 06/03/2015 at 10:10 am
@Carol. We're not sure about this really - you could try asking them? They too have no control over the weather though.
Carol 03/03/2015 at 1:14 pm
Hi,

My boundary wall is right on the edge of a vlei (which is council property) now due to the winter floods in the vlei and the vlei land being slightly lower than my land and boundary wall, my boundary wall is slowly leaning towards the vlei and I am worried that it will fall at some point. I asked my insurance if they will repair the wall and they rejected my claim, as they say that the wall is slowly falling over time and this falls under the provisions of "Acts of God". Can I then claim this from the council as it is their land which is causing my wall to slope?
ProblemNeighbours Editor 04/03/2015 at 1:01 pm
@nancy. It depends on your landlord's title deeds. You will have to get him/her to check them.
nancy 01/03/2015 at 12:24 am
Hi im private rentin but next door is council does my land lord repair the fence or the council
ProblemNeighbours Editor 03/03/2015 at 12:51 pm
@Nadia. Check with the council, but this would normally be your responsibility.
mrsc Editor 28/02/2015 at 9:08 am
@ProblemNeighbours Thanks! I didn't know about the mediation, I think getting a solicitor involved is a bit overkill! I can appreciate they might not want to/be able to rebuild but am I right to assume we are entitled to build a wall close to our boundary (subject to planning), after all it isn't our fault that the garage is leaning? I'm not sure what sort of mediation we could achieve without upsetting them (there have been rumours of them slashing tyres on cars parked in front of their house and they are generally quite odd when we have dealt with them in the past). I guess we could try pushing their garage back to a vertical position and prop it away from our wall but obviously there we risk damaging their garage in the process so I doubt they would be happy with that!
Nadia 27/02/2015 at 12:32 pm
Hi I have a garden wall that backs in to a public ally the wall is crumbling I don't have the money to repair is it my responsibility or is it the council as iit backs on to a footpath thanks
ProblemNeighbours Editor 19/05/2015 at 11:42 am
@mrsC. If you have proof that the planks caused the damage to your own roof, then you can try to claim off the neighbours. Bear in mind that this may be costly, especially if you do not win the case. Why not try asking them for a contribution towards the repairs first?
ProblemNeighbours Editor 27/02/2015 at 1:43 pm
@mrsc. The council will not really be able to help in this instance. If you do not want to involve a solicitor (and this is probably your most realistic option), then try a mediation service. A mediator (especially one who specialises in property/boundary issues) would not be quite as expensive or as time consuming as a court case. First, talk to your neighbours, they may not have the money to remove/rebuild their own garage.
mrsc 25/02/2015 at 9:43 am
The boundary between my neighbour and I is quite clear due to the way our driveways are laid even though the boundary treatment is a hedge. Adjacent to our house, the neighbour has an old asbestos sheet garage which is falling to pieces. At the bottom it is right on the boundary and sits 2.7m from our gable wall, however it is leaning over by approx 100mm and also the roof overhangs by approx 50mm so it actually encroaches on our land by approx 150mm and also the rain water runs directly on to our drive way. We would like to erect an attached garage along the side of our house and after talks with the council the minimum width they will allow internally is 2.5m. Add on 100mm for the brickwork and we run in to a problem because at the bottom we will be 100mm clear of the boundary, but the top of their garage will hit our wall and not leave us with enough space to build our wall up. The couple are old and frankly quite mean so I don't want to upset them but clearly we have some rights as their property is overhanging our land. Where is best to go for advice and how should we approach this? Is the council the best bet? We don't want an official neighbour dispute but feel they won't take us seriously I'd we try to approach then directly. Thanks
ProblemNeighbours Editor 23/02/2015 at 12:26 pm
@GRASSHOPPER - Check your title deeds and/or those held at the Land registry. They may indicate the original boundary, in which case you should inform the new neighbours. If you feel it will become an issue you can always arrange for an additional fence/marker to be erected on the true boundary line.
GRASSHOPPER 20/02/2015 at 8:26 am
Hi guys, a few years ago when we put our fence up we put in well within our boundry, as we had a very old chap living next door at the time and when we told him we were putting a fence up he got mad and told us he was going to put another one up lol, that was 14 years ago, we had a second couple move in they are lovely, they have since moved out and a third couple moved in, They have just sold and i am not sure if the new owners know that they have about 5 to 6 inches of our land, now what worries me if, and when we sell this house that the new owners to be would question it as i would if i were buying this house. I know about Party Wall Regs. I am quite surprised that it was not picked up when they had a survey done. We will not be selling for a few years. I just wondered if in the regs it says that if a fence has been up for a number of years then it would not apply etc, any help would be great.
ProblemNeighbours Editor 12/02/2015 at 2:03 pm
@Winnie. Speak to the planning department first. If the neighbour has not complied completely with the terms of the planning permission they can be forced to take it down. Your next alternative is probably legal action, your property will have lost value if what you say is true, so you may want to enforce an action to get it removed or claim compensation.
Winnie 09/02/2015 at 9:42 pm
Looking for help
My neighbours have started to build an extension which has turned our house from being detached to a semi, they claim there is an inch gap between. There may have been at the bottom but by the top of the wall it's touching. They gained planning for part of the extension but claim that some of it is only a store despite the block work all being joined.
What can I do?
ProblemNeighbours Editor 10/02/2015 at 10:21 am
@mary. There's nothing to stop your neighbour planting hedge on his own land so if he's responsible for the boundary fence (check your deeds) he can do this. His hedge however has "no entitlement to occupy the air space above your land" and so in theory you have the right to cut back its branches to the point where they cross the boundary. Be careful not to cause any criminal damage in doing so.
mary 05/02/2015 at 6:31 pm
Hello! Our neighbours fence fell down, because it was old. It was wood fence! He said , that he doesn't want to spent money and will put hedge, which will grow in few years. This week without any permission he planted hedge on nearly all border line, which is about 15-20m. I think, it's a laurel, but really tiny, which will grow maybe in 10 years time. Question: Can he plant hedge straight on the border line, if I don't want to grow it's in my land and look after it, or he should plant with some distance from border. Don't know where to find some advice! And their garden is so unclean, I think, they don't look after it and it will be the same with a new fence.Many Thanks.
ProblemNeighbours Editor 09/02/2015 at 2:33 pm
@shazzy. You should chat about this first with your neighbours. Ask them whether there is anything in their deeds relating to the communal space. Check your own deeds as well. Write them a letter seeking their agreement not to undertake any further work without your consent and also their assurance that they will not place obstacles or obstructions on the space. Legal action is your next recourse.
Shazzy 05/02/2015 at 12:58 pm
Hi, I'm a bit worried as our neighbours have dug up the communal space between houses and bave block paved it along with startin to build a shed on it. Our garden path comes out onto the communal space and I'm worried that they will block access to my garden path with vehicles and if they sell will the new neighbours beleive this land to be theirs?
ProblemNeighbours Editor 06/02/2015 at 1:45 pm
@mummy2boys. Not sure what our other readers think, but we're firm advocates of a "chat over a cup of tea" (or even something stronger). Get to know them, first so you're on friendly terms. Then broach the subject in a round about way etc
mummy2boys 03/02/2015 at 9:48 am
Hi, just looking for some friendly advice, my mum brought a lovely little 2 bedroom end terrace house in August 2014. Its a terrace of 3, 2 bedroom houses situated at the bottom of a little mews/lane. The 1st of the block has its own driveway and the middle and my mums shared ownership of the shared driveway, my mums is outside her house on the left hand side and her neighbours are on the right hand side, this would work perfectly if.... Her neighbours didn't dump wood logs, earth, general building supplies broken kids toys, they have filled their front garden up with logs and are now filling their side of the shared drive up, also they have been burning wood in there gardens and her house smells of smoke, she spent alot of money on this house as she downsized from the family home after my dad died, this is the first house she has ever brought herself and has been so proud of all her hard work. She now hates going home and is at her wits end. She wants to ring the council, I have suggested she needs to talk to her neighbours first. She devastated that everytime she looks put her kitchen window she sees their rubbish and when she goes into her conservatory she sees the state of there back garden, (which she knows she can't do anything about) could someone offer us some advice on what is the best thing to please?
ProblemNeighbours Editor 04/02/2015 at 12:51 pm
@SMT> You should inform the police about this and asl them what the procedure is if you need to remove the obstacles that the neighbour has placed in the right of way. Alternatively, you could seek an injunction via the courts.
SMT 01/02/2015 at 1:42 pm
Hi, at the back of our garden is an old farm lame that we own. It is no longer a farm lane and ends on our boundary. The neighbours at the back of us have a right of way across it to their property. They park on it everyday with multiple cars, have put chickens on it, store bricks on it and plant on it. They have also cut down a concrete bollard (criminal damage) our deeds and his deeds show that we own it and he has a right of way. I've written to him to ask him to respect the land and stop trespassing and he basically says it's part of his curtilage and he has treated the land as his own. We have a gate from our garden onto the lane which we use and he hasn't blocked off. How do I get rid of this nuisance man?
ProblemNeighbours Editor 30/01/2015 at 11:34 am
@peaceful. We don't have the full details of your situation so can't really give great advice here. The access to neighbouring land act does only apply to essential work though and does not cover extensions. You may have to negotiate some kind of compensation if you want to erect scaffolding on your neighbour's land (or somewhere that it affects their access) - four months is a considerable inconvenience. You may need to ask an impartial 3rd party to act as a mediator to get an agreement drawn up so you both know what to expect and what's expected from you. Your local citizens' advice bureau will be able to provide you with contacts.
Peaceful 28/01/2015 at 2:38 pm
We have full planning permission to erect current roof into extension since Sept 14. All 3 neighbours objected but appeal was approved. We need to put scaffolds which one side on neighbours land.They stated their concern and we ensure them that we will comply with all their request. It doesn't involve their building, no foundation, no excavation, just scaffolds for 4 months.If anyone understand the what is stated below, do you know how long is a reasonable notice? Do we still need to get surveyor? We have served notice under Party Wall Act but afetr 8 approaches to discuss their concerns, they turned out to be using threatening language. Any reply would help. Thank you.
What does this clause means in our deeds We are on plot 3 - 'Together Also With the right to enter on Plot 2 on the Vendor's All Saints Lane Dev. which is shown marking (as on Land Registry)giving reasonable notice except in case of emergency for the purpose of maintaining, repairing the side wall, roof, gutters or pipes of the dwellinghouse hereby conveyed the person exercising such rights making good all damage occasioned thereby.'
ProblemNeighbours Editor 27/01/2015 at 10:24 am
@tel. Make a formal objection. If necessary get some technical advice so you can list specific reasons as to why this would adversely affect you. It's unusual these days for planning permission to be granted for a property close to another's boundary wall. You local councillor or MP may be able to help too.
tel 23/01/2015 at 10:00 pm
hi,i need help,my neighbour has put in for permission to build a new house 3 stories high,wants to put one of the wall nearly against my boundary wall,cant seem to get any sense from local council,im in cornwall, can any one tell me how i stand, thank you, im on a village estate built 1930 s, help,
ProblemNeighbours Editor 26/01/2015 at 1:01 pm
@webbie. Unfortunately if its their fence they will be responsible for maintaining it. Does their insurance cover the costs of repair?
Webbie 22/01/2015 at 9:53 pm
Hi - I just wanted to know what the stance was with a fence next to a public footpath? My Nan and granddad have had their fence panels kicked through by some kids who use the path to get to and from the park several times and I have been round to try and fix them. Should the council have some responsibility toward the repair of them? on the deeds of the house it shows that my nan & gdad actually own the path but the council made a public footpath through it some years ago!
ProblemNeighbours Editor 23/01/2015 at 1:02 pm
@Tedeeds. If the water is dripping down that suggests the roof of the shed is overhanging the boundary (assuming the fence is on the boundary line). If so then you can legitimately ask them to move it and possibly ask them to cover the cost of any damage caused to your fence. The truth is, it probably won't do significantly more damage to your fence than the rain would. Is there something you can protect the fence with? No you cannot place anything on their side of the fence.
Tedeeds 21/01/2015 at 3:00 pm
I replaced all the boundary fence panels around my garden last year that I am responsible for. My neighbour has placed a small plastic shed against one of the panels and when it rains the water runs off the roof onto the fence panel which soaks through to my side and is likely to shorten the life of the fence. I have asked my neighbour to move the shed a few inches away from the fence. They have ignored me. Am I entitled to place spacers on the other side of the fence without their consent?
Lenny 17/01/2015 at 11:17 pm
Thank you for your response. That's really helpful to summarise the Land Registration Act. The guttering aren't mentioned on our deeds but they have definitely been in place for well over 20 years.
Just to clarify - the high level guttering that is invading our neighbour's airborne space - are perhaps 2-3 metres long and 2 storeys up [as they are on our boundary wall but they do not discharge into the neighbour's land!] - as at the end of our house, they then turn the corner into our own land and discharge onto our own property.
As I say - he is just being a miserable old beggar as he's upset that his lengthy letter of objection was ignored and our planning application granted. I can't see how he has a hope in hell of getting a solicitor to even listen to his claim let alone it get any further and I can't see the purpose of his objection. If it's not bothered him for so many years - but still this is not very pleasant and I don't see what satisfaction is he getting out of being so unreasonable - perhaps his telly's broken and he's got nothing else to do?

Thanks
ProblemNeighbours Editor 16/01/2015 at 1:44 pm
@Glossopblue. Do your deeds mention the fence or boundary at all? What did the current landowner's information say when they purchased the property? The land registry may also be a source of information.
Glossopblue 14/01/2015 at 9:23 pm
I live in a stone cottage that was built in the 1800s . It has a stone boundary wall on the left as you look out of the property at the back. This had a field at the side of it until 2004 when the council sold the land off and private flats were built on it. I would like to know who is responsible for the wall now !considering this wall belonged to property before the flats went up?
ProblemNeighbours Editor 14/01/2015 at 12:59 pm
@Lenny - The Land Registration Act 2002 gives some information about overhanging gutters. We've tried to summarise it below: Check the deeds - the guttering etc may be specifically mentionedIf the gutters have been in place for more than 20 years, you might have acquired a prescriptive right for them to be there. In certain circumstances, use of a neighbour’s land can be acquired by right through long usage. It is possible to acquire a right to drain rainwater through overhanging gutters.If they have been in place at least 12 years, then it is possible to acquire actual ownership of the airspace that they occupy. The new rules on adverse possession in the Land Registration Act 2002 make this less likely, unless the gutters were in place at least as far back as 1991. However, it is possible to acquire adverse possession of a piece of airspace, even if the ground below has not been possessed;If the projections have been in place for some time, or are part of a development, then it is arguable that the land bought included the overhang into the neighbouring airspace. This gives rise to a boundary that is different above the ground from on it, but that is in theory possible – and in practice even desirable – to allow gutters to remain.
Lenny 12/01/2015 at 4:08 pm
My neighbour from hell has now said we have invaded his airborne space. All come about due to his complaining about our planning application which was passed - so sour grapes. He now says that the guttering that was in place when we bought the house 12 years ago is invading his airborne space and we have to remove them otherwise he'll take legal action. Any suggestions [legal] to deal with him? Is there a statute of limitations given the guttering was in place when we bought the property 12 years ago and presumably for any number of years before that? Bit late isn't it to be asking for its removal?
ProblemNeighbours Editor 13/01/2015 at 2:26 pm
@Aandar. How rude some neighbours are! You should refer to your title deeds to see if any boundaries are indicated. Even if your fence was on a neighbour's property, it may have only been by a few inches and plans are not always that accurate. The least they could do would be to consult you about it before simply removing your fence. Get them to check their deeds against yours and the land registry. Also consider that as you've lived there for 55 years, there's a chance you could claim adverse possession. If your boundary is correct, the neighbour has caused criminal damage in removing your fence and you can claim costs from therm. Why did they not raise this issue at the time of purchasing the property? We suggest you start by asking them politely to reinstate the fence to the existing boundary posts and mention what we've said in the above sentences. Mediation services or a solicitor may be an option but use these as a last resort as they can be costly.
aandar 11/01/2015 at 5:04 pm
I have lived in my property for 55 years.A neighbour who moved in 3 months ago has removed a fence between my drive and their garden (without asking) and also now removed the boundary posts.They claim my fence was on there property.
Any advice about how I should proceed?
Anton 07/01/2015 at 9:27 pm
Hi, this website is very helpful . Maybe you could help me? We have a detached converted ground floor flat , we have had a wet rot problem due to our neighbours side passage pathway being above our air bricks , so that when it rains water can seep in and no ventilation because they are blocked. Possible been like that for 30 years!There side passage is next to our flank or the house so our house is on the boundary wall. where do I stand in being allowed to lower his ground to give the subfloor ofour flat the ventaltion it needs? And would the boundary exist where the foundations actually start? Thanks in advance
ProblemNeighbours Editor 07/01/2015 at 10:46 am
@bee, you should allow them access or pay for the meter to be moved. The utility company may be open to negotiation on this if they installed the meter in the incorrect place however.
Bee 03/01/2015 at 7:52 pm
I want to put up a fence on my land (according to to deeds) I have a detached property but the house next door has it's utility meter on the front right side of the property where my fence will be i.e. It will be blocking off their meter. They will only have access through my garden. Am I allowed to do this or do I have to provide a gate so they have access to their meter.
Forester 29/12/2014 at 9:22 am
My cottage is lower down the hill from my neighbours and was built onto the 2 storey house in the 1920s with a communicating passage as it was built as an extension for the then owners' parents. The party wall therefore takes a zigzag through the property as the communicating passage is on the neighbours side.
All was well for about 28 years until the present neighbour moved in and occupied only the top half of her building leaving the basement level with my ground floor empty and unheated. Also she left guttering unrepaired so that water was directed into the back wall of my property. When I tried to discuss this with her she then initiated a boundary dispute saying she would be getting her solicitor on to me. I heard nothing. The land registry plans of both properties show the boundaries quite clearly and I suspect she was advised as much. In the interim, no repairs done to her guttering and water pouring into my wall ( so I attempted to prop it up to reduce damage) also mice coming in from her empty basement. (She had told me she was feeding the one who came into her kitchen) 2 years on I have damp down from the where the guttering has dripped and efflorescing plaster lower down where the wall is part of my larder. Then there are people working on next doors roof and guttering. But the next rain water pouring down my walls and I note that my guttering has been raised so no longer feeds into the collecting tophopper. I put my concerns in writing with a photograph as she is never in when I call round.
I receive a phone call from her daughter in law saying they have reported me to the police for harassing her and photographing her property. I go and talk to the police they cannot tell me if I have been the subject of a complaint but say they see nothing wrong with my letter. A builder visits late in the evening and says he does not like what I have suggested about his work next door, although he is evasive about what has been done by himself and what has been done by the neighbour's son. He suggests the guttering has been lifted by the wind which is bizarre as it has been fixed in place and a piece of mdf shoved behind her guttering and there are bits of her old guttering on my coal hole roof.
I have been in the cottage 36 years and a once cosy dwelling is deteriorating due to my neighbour's lack of maintenance, and I feel victimised and intimidated if I try and raise issues. Any ideas?
Davids 26/12/2014 at 3:53 pm
On our deeds we have an accurate measurement at the front of our property. Our neighbour has a measurement that stats 'about' after the measurement.
Therefore, there is a huge slice of land that measures 10 feet, who would that belong to? There is a fence on that has separated us for many years but if we go by my accurate measurement then that fence would now need to be moved and that would mean my neighbours suddenly gain the spare land? Legally, does anyone know where I stand?

There is a long row of foliage that has been in place for nearly 18 years that would then be in their side of the 'new' boundary line?
maggot 21/12/2014 at 2:32 pm
My deeds state we have a shared boundary, does this mean both parties are responsible for any fences, walls etc.
chappie 15/12/2014 at 10:25 pm
We share an opening with our neighbours leading onto our driveways. It is communal and covered by a Covenant which states that if any changes are made it becomes obsolete. You can not park on there or change it in any way. Since the new neighbours moved in several years ago, We have had to remind them of this many times. They kept parking on it. Then they asked if they could extend their gateposts forward. We explained as they should know, and we are sure they do, of the rules governing the Covenant. They have now placed a large white rock on the communal driveway, without asking our permission, which we are pretty sure they know they would not get. We are pretty fed up of this, it seems petty, but if they do not remove it then it means changes have been made , will this make the Covenant obsolete? They constantly complain their driveway is too small. We are sure they are trying to gain land at our expense.
Anton 11/12/2014 at 5:37 pm
Hi, this website is very helpful . Maybe you could help me?
We have a detached converted ground floor flat , we have had a wet rot problem due to our neighbours side passage pathway being above our air bricks , so that when it rains water can seep in and no ventilation because they are blocked. Possible been like that for 30 years! There side passage is next to our flank or the house so our house is on the boundary wall. where do I stand in being allowed to lower his ground to give the subfloor of our flat the ventaltion it needs? And would the boundary exist where the foundations actually start?

Thanks in advance
ProblemNeighbours Editor 05/12/2014 at 2:39 pm
@Lkf. NO you should not block his right of way, but you could take action to ensure he contributes to his share of the repairs if that is what the deeds say.
lkf 04/12/2014 at 7:51 pm
my pathway from the road runs around to the back doors of the 2 adjoining propertys, the path is in a bad state of repair, there are two sets of steps on this pathway, they are uneven and unsafe, my deeds say both neighbours must pay a fair share towards maintenence but both have refused to contribute anything, am i in my right to block this right of way
ProblemNeighbours Editor 05/12/2014 at 2:32 pm
@thracian. The fenceline can only be changed if it established that the exisitng boundary is in fact incorrect.
thracian 04/12/2014 at 5:09 pm
my neighbour wants to change position of the existing boundary fence which has been in place more then 15 years. Can he get a land surveyor and reposition the border fence. Neither of us owns the fence.
ProblemNeighbours Editor 04/12/2014 at 1:39 pm
@Danny boy. You are both committing an offence - they have damaged your property by cutting your lights. You have damaged their fence by attaching the lights. It would have been easier and more kindly of your neighbours to simply knock on your door and ask you to turn them off though.
danny boy 03/12/2014 at 10:39 pm
I have recently put lights up on my side of my neighbours fence one night they asked
me to turn them off which I did ! One night I forgot to turn them off and my neighbour cut them and removed them! Does anyone know the law on this ? Have they committed an offence or have I ?
ProblemNeighbours Editor 24/11/2014 at 2:26 pm
@lg. If it is your fence, you can do what you like with it. The only problems that will arise if you sell your property are likely to do with aesthetics. There is nothing else that will affect the purchase...sounds like a rather meaningless threat from a developer.
lg 22/11/2014 at 7:01 am
My house is next to empty warehouse, this land now been purchased and houses are going to be built, that's fine but the company have put on there plans that they are going to remove my boundary fence and put there fence up.
The plans have not been ok by the council yet but I have notified the company and the council that I don't wont my fence removed. I have been told if the company did remove my fence and put up new one I could have problems if I was to sell my house.

What can I do
ProblemNeighbours Editor 13/11/2014 at 11:11 am
@Rosie1976. Have you tried spraying weedkiller? How high are the fences? Can you or the neighbour access the area to tend to it?
Rosie1976 12/11/2014 at 6:34 am
My neighbour has erected a fence but left the old boundary fence in place (not a problem) the problem is that nettles and other weeds are growing I between the 2 and spreading into my garden! What can I do?? Thank you in advance!
Tyke 16/10/2014 at 5:43 pm
My neighbour's flower bed is banked against my house wall which is now very damp. What can I do?
Stuhar 16/10/2014 at 8:21 am
Hi, We moved into our house around 2 and a half years ago, it is a semi detatch with a 6 metre drive in between us and next door. we have applied for planning permission to build a new double storey extension to the side, but our neighbour said we cant. On the deeds to the house it shows that we have "Access" over 4 feet of their land and they have "Access" over 4 feet of our land. We have a single drive entrance to this part of our land and our neighbour has his garden down his drive to his garage which means he has to drive onto my land to get to his garage. Can you tell me if "Access" is the same as "Vehicular Access". and if so does this mean that he is not allowed to drive on my land but only walk. I have already told our neighbour that I will have my builder sort out his front wall when I get mine done but he said he will not be driving over his garden. If he does not am I allowed to fence off my land as long as I leave an access point at the top of my drive and at the bottom as I find that he is basically using My drive to park his car, and his sons in the middle causing me obstruction when I need to get in and out of my land to my garage.
Tyke 15/10/2014 at 2:24 pm
Neighbour's flower bed is banked against my cottage wall which borders her property.
Now have damp inside my cottage.
Surveyor says flower bed needs to go.
Neighbour not keen last time we discussed this problem.
What can I do? Do not want to fall out with neighbour.
ProblemNeighbours Editor 15/10/2014 at 11:26 am
@kim. Your mother should write to the council and ask them to give full details of the fault/repairs needed. They should also have obtained her consent before expecting her to pay for half of the repairs. It may be that she has to seek legal advice to get this one satisfactorily resolved.
Kim 14/10/2014 at 7:06 pm
My mam owns her house. My mams back garden directly backs onto a council property back garden. The council came round in march to ask my mam to pay half for a new fence that divides the garden. My mam informed the council that she felt there was nothing wrong with the fence therefore told them she did not want a new fence. In July when my mam was out the house the council came and removed her fence and put a new fence up. My mam has now received a bill for half the price of the fence. Are the council in the right to do this.
applemuncher 12/10/2014 at 11:23 am
I'm wondering if anyone can help. I bought my property 10 years ago and it was adjacent to stables that contained horses but no one lived there. Since then, the owners have moved a static Mobile home on the land and gained retrospective planning permission which didn't bother us as it was nice to have someone living near, we live down an unmade road with no lighting etc. Over the last year, the neighbour has started to hold horse shows once a month and now there are upward of 100 people arriving, all bringing horse boxes. The road is being churned up (i don't believe the road is unadopted though) and there are a lot of people here for the day where we previously had none. There have been a couple of accidents and the road isn't suitable for an ambulance so the air ambulance has been here twice. I didn't really want to complain because they're not doing is any harm but we are feeling a little bit invaded by it all. Any advice would be much appreciated.
Nams 08/10/2014 at 5:43 pm
Hi i leave In a terraced house it's half a meter out from my neighbours corner house. They just moved in they changed all the boundaries on the right looking into my property and made into a brick wall also couple of inches into my garden. Now they doing an extension on the same side using the corner of my house to create one of the walls then they will leave a space for a cavity and then they would do their inside wall. I'm not happy and also told them if they want to do the extension on the side they suppose to do it from the inside wall and not use my corner and resume from there. Also they claim to have permission from the council and have a plan made by a architect. He keeps on saying it's a common wall so he will be able to use the wall. I don't know where I stand at the moment and I believe he will start any time soon. Please need some advice.
ProblemNeighbours Editor 08/10/2014 at 9:58 am
@vkw. Yes speak to your solicitor. If the fence no longer matches the boundaries shown on the map that accompanied the deeds, then you should be able to get the neighbour to reinstate the fence at the correct position.
vkw 07/10/2014 at 11:58 pm
We have just bought a house and between offer and completion the neighbour cut down an ash tree in our garden (with the knowledge of the previous owner) and removed the fence to do so. They now are putting their fence back up but they have encroached onto our land by about 2ft as they claim the tree roots make it impossible to return it to where it was. The fence is not yet finished but the posts are in and we have now completed on the house. Can we ask then to return the fence to its original line rather than the new position in our garden? The deeds do not mention the boundaries but the map that accompanies the title deeds shows that their garden is now extending into ours (even prior to this issue). Looking at prior photos of the garden they have over the past two years claimed about an additional 1 to 2 feet off the width of our garden by moving the fences (without the previous owner's consent but also without being challenged). What can we do to sort this out? Will we have any hope of getting this back?
ProblemNeighbours Editor 08/10/2014 at 12:50 pm
@TG. Note title plans do not always show the exact boundary so you would have to do some historical research and comparisons with ordnance survey records and the deeds of the neighbouring plots etc. You could (armed with the necessary evidence of course) simply write to or speak with each of the neighbours to request that they move their fences but this is unlikely to be a troublefree solution. Legal action may or may not resolve this in your favour, but you are risking alienating each of the neighbours, whom you may want to keep on side if you are building a home at the rear of their properties. Before proceeding, you should think long and hard about how much difference the boundaries make and whether in the long run it may be easier to accept the status quo.
TG 07/10/2014 at 1:18 pm
I am in the process of purchasing the rear of my neighbours back garden as a building plot. When I looked at the title plan (and satelite images of the site), I noticed the properties on either side of the plot have erected fences that come into the plot, giving it a triangular shape at the front and significantly decreasing the plot width. What is the process for a) confirming the fences have been erected on the wrong boundary and determining the correct boundary sizes b) resolving this by maybe pushing the fences back onto the correct boundary per the Land registry documents if applicable? Assuming the information can be obtained, can I simply speak to them to have the boundaries moved back or can they refuse to do so?
ProblemNeighbours Editor 03/10/2014 at 12:47 pm
@K. No they can't - this could amount to criminal damage. Have a polite word with them. But before you do, have a look at it from their side. Was the conservatory an eyesore from their side? If so, have they actually done you a favour? If it's caused a problem for you, you could ask them to reinstate it to how it was.
K 03/10/2014 at 12:38 pm
My niebours have painted the side of my conservatory without my permission. Can they do that?
ProblemNeighbours Editor 01/10/2014 at 10:55 am
@Caro. No, there's no law that says you have to fence the boundary of your land unless your property is subject to one of the circumstances below or there is a covenant in place requiring you to do so. You need to fence your boundary in these circumstances: Next to railways and near disused mines or quarries Around around building sites adjacent to highways, both road and path Where livestock can stray in/or out
Caro 30/09/2014 at 3:39 pm
I have a 7ft hedge along the northern boundary of my property. I have full responsibilty for this as there was vacant land on the other side. About a year after I moved in 1999, a new house was built by a different developer and the occupants are now insisting that I pay towards new fencing behind my hedge. I don't need these fences as I have the hedge as a boundary and I can't even see them. Am I obliged to pay towatds these fences even though my boundary is my hedge.
ProblemNeighbours Editor 29/09/2014 at 11:44 am
@lesley1234. If this is a restricted right of way granted to certain parties, then you would need to examine the terms of the original documentation granting the right of way. This should show what (if any) arrangements should be put in place in the event of gates being erected.
lesley1234 25/09/2014 at 11:58 pm
we are in the middle of erecting ally gates to stop fly tipping and undesirables! all was well untill the tennis club who have right of way along the ally decided that they didnt like the method of locking (key) what are our rights as residents and there are 23 of us. we are all paying towards the gates, we have included a pedestrian gate in the main gate and this would be a digital number pad and also a letter box for their mail. the club would of course be given 1 key and we would allow them to have as many cut as they required.
Princess Beatrice 21/09/2014 at 7:20 am
My neighbour put up a fence 12" on his side of the original fence before we brouht the property as the original owners did not want the old fence removed. since our purchase of the property 14yrs ago, we have demolished the original house and fence and built a double storey home. My neighbour has this last year instisted that the fence he put up (aluminum colour bond) needs to be removed and placed onto where the old fence was. since we built and moved in, we have planted many climbers which have climbed up and over the fence, he always cuts them back and throws the cuttings back over our fence, which we know he has every right to do so. I am not very happy about him moving the fence as it means all the lovely climbers I planted will have to be removed, can we claim this 12" of ground as we have owned the property for 14yrs and it has only just come about his claim. it is his holiday home,not his permanent dwelling, and also does he need to get a surveyor to make an accurate move.
ProblemNeighbours Editor 18/09/2014 at 12:43 pm
@fresh. The developer will need to contact United Utilities to find out where to connect to the main water supply. You will be able to find out from United Utilities where this is. Similarly with drains...they will connect to the nearest public sewer, usually a developer will try to avoid neighbouring properties in doing so.
fresh 17/09/2014 at 11:14 am
We are a bungalow on our own,we have land behind us which has been sold and they need water supply also either side of us who are also now going to build, they have no water supply are they allowed to come off our drains?.
ProblemNeighbours Editor 17/09/2014 at 1:42 pm
@rebecca - if you're not attaching them to the neighbour's fence then there's no problem. They should not be higher than 2m ideally.
Rebecca 15/09/2014 at 8:29 pm
We live in a mid terrace and would like to erect trellis panels on both sides of the walls. We understand the wall that is in line with the chimneys is ours so no problem there, but is it ok to put them on the other wall? We were going to cement them in rather than drill into neighbours wall.

Regards RB
ProblemNeighbours Editor 17/09/2014 at 10:25 am
@Sue Gray. Could you expand the decking closer to the boundary? Or even try a split level deck with a raised area to allow some more sunlight in. Or you could construct a long seat/bench with cushions - it would cover the gap and give you extra seating, plus it should be quite sheltered with a hugh wall behind you! Alternatively, a border with some low maintenance shrubs might work well. Hope you manage to find a solution :-)
Sue Gray 15/09/2014 at 12:46 am
My new neighbour has taken down old garage which ran along boundary line and built a new longer garage plus dining room with max height walls which makes my side passageway long and narrow like a tunnel and blocks the sun from our rear decking. What is worse is that they built it slightly back from the original line so there is an uneven gap widening to about 8" between my decking and their wall. I dont know what to do to make it good .... any suggestions? They offered to fill it with gravel which I think would look awful.
ProblemNeighbours Editor 01/09/2014 at 12:48 pm
@sniff. It depends whether you own or rent. If the latter you will need to contact your landlord. If the former, then you will need to check whether any covenants exist allowing for access or stipulating that no fence is erected. If you are satisfied that it's all straightforward, then the usual requirement for a rear garden boundary fence is that it is no higher than 2m. You will need to verify this with your local planning authority though.
Sniff 30/08/2014 at 12:28 pm
I share a courtyard garden with my neighbours. They want to erect a fence along the boundary. I am all in favour of this. Am I entitled to stipulate conditions to the fence, i.e. a certain height? I would like it high enough to block my view of heir laundry line.
ProblemNeighbours Editor 28/08/2014 at 2:12 pm
@allie. AS long as it is not over 2m tall (or other restrictions that apply to garden buildings in your area) and not touching your fence/crossing the boundary then there is no set measurement limit.
Allie 14/08/2014 at 12:24 pm
My neighbour is planning to build a new garage half way down his garden. How close can he build the garage to my boundary fence?
India 12/08/2014 at 2:29 am
My neighbor are putting up alumin siding on the my side of ally way, now I've notice that the wood that are using to put up the siding is on my property. Should I mention this to them cause I feel that it taken away part of my property. Any advise!
Pirie 11/08/2014 at 3:54 pm
We purchased this semi detached house mid April this year.
We were told by the sellers and agents that off road parking was included for one car on a shared access driveway.
We were told the neighbours are lovely? (they are not!!)
One the 2nd day after moving in the neighbours confronted us about parking my car on the driveway. We told them we had bought the house and included in the description is shared access parking. First come first parked ,was how it was described to us.They said this was not the case and most of the driveway belonged to them (not true).This nastiness continued and last week we received a letter from their lawyers informing us that this is a shared access driveway ,no parking allowed on it, by us or them! We now have to park on the road and we feel cheated , that the house we bought , (with off rd parking) in fact does not have parking, they have 5 dogs that howl and bark incessantly and the sellers lied to us saying these neighbours were nice.?
Can anyone give us advice? The access driveway between houses is about 5m wide from house to house and about 10 m long to the start of the kerb. Our house and their house has a gate and fence at the end of driveway ,connected to the end of our properties. So no access to either property is required? Please help.!
sniddy 10/08/2014 at 5:59 pm
My neighbors approached us regarding replacing the fence between us that her son kicked a big hole in , we went 50 /50 .a year later they're saying the fence is in their land and want it moved back six inches which is near impossible as there is a small wall between us also( their garden is higher than ours) the new fence was put in same place as old fence although is a lot thicker.the fence had been in position for 12 years before that.the fenc can't be put exactly where the two houses join but that is what they want. Now I am struggling to find out where legally the boundary is,can any one help?
ProblemNeighbours Editor 29/07/2014 at 11:21 am
@longbow. You can build a wall on your own land as long as it is within planning guidelines.
longbow 28/07/2014 at 4:14 pm
I recently went to court a cost of £120k over a boundary dispute. Part of my fence was 10cm over the boundary. Judge said I had to pay for the ground approximately 4 sq mtrs. They refused an offer of £750 for the land. They want me to remove wall, which I will but they will not let me rebuild fence on my land. My solicitor cannot get reason for this stance. What can I do?
ProblemNeighbours Editor 28/07/2014 at 1:59 pm
@do not haveone. You would have to study the terms of the deeds. It's probably in the interests of your neighbour (and subsquent neighbours) to maintain the right of way to be fair.
poppit 27/07/2014 at 2:16 pm
I live in a house with a out building all the brick work is in joined on my side its all on my side of the house but we both share the shed mine being a 1/4 the other 3/4 next doors on the deeds that's how it is but the other two houses do not share their out buildings I have tried to buy it when the lady who lived their passed away but they sold it now they will not sell it anything I can do
I do not have one 25/07/2014 at 9:57 pm
MY sister owns 3/4 of a shared driveway. The other 1/4 belongs to neighbour on the upper side of it. In my sisters deed it lays out how maintenance is shared, and she gives right of way to the neighbour. My sister owns 1/2 of a semi detached house. The reason she allows right of way is a garage was built at the back by the man who owned the house approx.100 years ago. So that the neighbour lady at that time could have a garage to also park her car in. The last neighbour foreclosed on the property and eventually the garage was torn down. So now that the purpose for the giving of right away no longer exists, which was for the purpose to park in the garage. Does my sister have to allow that 1 space to the new neighbor lady. Or is it a grandfathered thing that she can keep that 1 car space to park out back.
ProblemNeighbours Editor 23/07/2014 at 10:52 am
@Ty. It depends on what your title deeds state about the boundary and who it belongs/whose responsibility it is. When checking your deeds, you should also check that there is no convenant in place regarding fence in front gardens where you live.
Ty 18/07/2014 at 4:56 pm
We intend to erect a 1 mtr high fence to the front elevation to separate our garden from the adjoining property. Does the whole fence need to be entirely on my ground, or should it be shared
TYLER 01/07/2014 at 7:07 pm
i have purchased a strip of land of the owners while i was in this process, the neighbours dediced to put a fence on my strip of land adjacent to theirs, saying they will occupy this land. I explained we are purchasing this land and they need to move the fences and put them on their own land to seperate the two areas. They said they wanted to see the deeds. We have shown the deeds, we have took mediators with us to explain, we even had a solicitor asking him to remove his fences but he is not budging. Can someone please help me on this. The land is ours and he is covering 12 foot of our land. Can i just remove his fences and put them on his garden?. Please help.....................
Lizzie 01/07/2014 at 4:47 pm
I have a problem with the city I live in. The public Park fence that divides my property from theirs. is open on my block and people are using it as an entry way to the park ,It is also a short ffence that was here before there even existed a park there. It us to b a junk yard! The city added new taller fences to to the opposite die of the houses with private gates from each property to the park. They totally overlooked my properties, no taller fence( for safety), no private gate into the park either! what are my rights I own the only three houses on the block, .there exist no subway and there are no turnarounds on the street . this is a dead-end street . what are my rights? I would like the city to lock this gate and keep my property private. There are two other parking entrances to this park and there is a walking entrance up the street! The park is also kept pitch black, the lighting is off after ten pm. Please advise us. Meeting with the city parks and mayor last year has not changed anything yet. Thank you for your help.
Jenny 30/06/2014 at 11:43 pm
The boundary at the bottom of our garden is our neighbours house wall, what rights do they have regarding what can be planted etc next to their wall. If we leave anything they don't like eg a small number of bags of rubbish,(only for a short space of time) they come into our garden and move it. They claim anything close to their wall causes damp. We always make sure nothing is touching their house wall.
VID 24/06/2014 at 1:30 pm
what can be done about nails protruding from next door neighbours fence,i have a small dog and the nails run along bottom of fencing and i am concerened dog may be damaged by these protuding nails
Andrew 18/06/2014 at 9:27 pm
8 years ago I caught a peeping tom, a new neighbour, who turned out to be a police officer. I thought I'd sort it out discreetly, face to face. When I did he went beserk and denied everything. He subsequently tried to run my wife and I over when we were out walking our dog, he damaged our property, and installed a cctv camera pointing at our house. I did not initially involve the police because he told me that they would not believe my word against his: a warranted officer. Friends told me not to make a complaint as I'd be 'stitched up'. When the police did get involved we felt pressured into accepting that their warning to him would solve his behaviour. It didn't. We then heard that he was spreading rumours about me being a bit dodgy with children (I'm emphatically not!). New neighbours were offered 'information' about me that he accessed from the police computer (he admitted this, although there is nothing on the police computer about me!). This slander resulted in my life being threatened by the husband of the pair who was cautioned. The PC neighbour also tried to interfere with the investigating officer dealing with the incident. These nice folk are now damaging our back garden, their kids throw rocks into it, they tear down fences, stare at us, call out names. I have had to call the police again. We'd move if we could find a seller impervious to bullying. What to do?
ProblemNeighbours Editor 18/06/2014 at 10:50 am
@JD, without all the details we cannot really comment on this, but have you both checked your title deeds for details of the boundaries and perhaps any other restrictive covenants that may refer to the communal paths etc. That's usually the best place to start.
JD 17/06/2014 at 9:20 am
HI I wonder if you can help.

My property is situated in the middle of two other houses the house to the left overlaps at the roof and after some 20 odd years the neighbour on the overlap has decided that the land as you look at the overlap is there's. Having looked at the plans there is no measurement to state anything. Also we have access to the communal path on both sides as you come in from the left on the communal path there are two steps a top and a bottom one the bottom one leading into to out property and this is were the disputes starts we have two strips of decking that run from the property to a wall and they have suddenly claimed that this is their property they have been to their lawyer and he has informed them that this is their property but the plan does not define this. We thought this had gone away and our argument was never about the boundary it was about a wall on that again was painted for 20 odd years and they deicide to scrape the paint off without saying anything. This is now at the case were relations have broken down and we just need clarification on this.


Thanks


John
digger 09/06/2014 at 7:28 pm
I own a property and I am responsible for a fence down one side of it. Unfortunately, a previous owner allowed the owner of the property next door to remove four sections of fence, along with the concrete posts, in order for them to build a car-port. Because of the angle of the car-port in relation to my drive, one corner of the structure, including the brick-wall at its base, now intrudes into my drive. I am now having problems with the owners next door and I would welcome your comments regarding my legal position regarding the intrusion into my drive. there is no mention of the structure in my title-deeds.
many thanks,
Jock
mich 08/06/2014 at 12:13 am
Have recently bought a terrace house with an an enclosed courtyard an open area of grass outside of this,when viewing the property the previous owner said the neighbours had access to hang/dry washing( from a washing line).would like to put up a fence around grassed area as have a small dog- not to block access,the deeds to me look like I own the house courtyard and grass behind. My understanding of access is to go through garden or hang washing. Other neighbours surely don't have a say if I build a fence or the use of the land as long as I provide acess?
ProblemNeighbours Editor 05/06/2014 at 1:40 pm
@Lex. You need to get a look at the deeds to your property. These will be held by your solicitor or by your mortgage provider if you are still paying a mortgage. They will show the exact boundary between the two properties. Ask your neighbour to do the same. If it turns out the boundary is where your neighbour states then there is not a lot your can do. If the boundary is unclear you can make an application for registration to landregistry based on the fact that you have occupied for the past 20 years. Hope it works out well in your favour.
Lex 04/06/2014 at 10:31 pm
I have lived in my terrace house for over 20 years, the fence has alway been in place, picket fence with trellice frame above the neighbour put wire between the two and planted bushes etc and has grown them to fill gaps, the plants are bowing plastic wire over my side, she is now saying that the boundary is about 20cm over my side, she keeps pushing the wire over my side and has drawn a line and started to paint my end wall to try to signify it is hers, today she told me I needed to move my shed, I said no and she told me she would be contacting her solicitor, help I don't know what to do x
WilliamB 03/06/2014 at 12:32 pm
Hi Jacks - if it's been there for 12 years it's pretty shoddy of your neighbours to decide to report you now. Sheds of below 2.5 metres in height do not normally need planning permission unless they are at the side or beyond the front elevation of your home. Unless your council's housing department has its own rules about construction of sheds in tenants' gardens then I suspect you could challenge this. I would if I were you!
Jacks 02/06/2014 at 2:40 pm
We have a council house and we built a shed in the back garden over 12 years ago. Our neighbours have now reported us to the council as we did not get planning permission and the council are now saying we have to remove it. It is less than 2.5mtrs and is not used for sleeping in. It is just a normal garden shed. Can the council insist we take it down. Cheers
Angel 23/05/2014 at 9:48 pm
Can my neighbour put a large gate to the side of my living room window without planning permission. The wooden poles will not be attached to a wall that the gate will hang onto. Is this safe? Very concerned please help.
Kath 05/05/2014 at 6:40 pm
Hi
Originally there was a hedge marking the boundary between my property and my neighbours. My neighbour cut the hedge back so far and left gaping holes in it. I placed a fence down my side of the hedge on my land to prevent his dogs getting in. He has now removed the hedge and placed ply wood onto my fence causing the fence to sag. The recent strong winds caused the fence to collapse under the strain, there were also cable attached to the fence which was noted when it came down. When we were away for the weekend he entered our garden and removed the boards and placed a chicken wire fence up attaching it with two pieces of wood to my piece of the fence that has been left standing (the only bit with no plywood attached to)! Where do I stand legally?
teesa 05/05/2014 at 6:38 pm
party garden wall/shared wall with neighbours. Most damage through wear and tear on neighbours side, little damage on my side. Who pays?
janeo 24/04/2014 at 11:38 pm
My neighbour took down a portion of the fence 4 years ago saying it was a foot on her property due to trees. Have no problem with this but it has now been 4 years and still no fence. Have asked several times when it will be replaced as our dog keeps getting out. Does she need a survey before putting up new one. As I think she feels she can do what she likes, we are now concerned with what she will do. Thanks
cazz 20/04/2014 at 7:18 pm
I bought my house and planed to put new fence in asap for privacy. when I moved in I noticed straight away that before I moved in my neabours had put in a fence but it is so low I have no privacy at all. what can I do about it. was he wrong in doing so as I would not have bought the house if I was to have no privacy in my back garden.am I within my rights to make it higher.
Vanessa 20/04/2014 at 8:54 am
we live in a terraced house there is nothing separating the driveways at the monent. we have decided to build a wall to seperate the driveways. we have built the wall on our own side which is within our boundry, (well we have followed the line of the house and then gone in a inch)
i presume is this ok to do?
please advise
val 15/04/2014 at 6:18 am
how close can my neighbour build a summer house from the boundary
me 15/04/2014 at 6:16 am
how close to the boundary can my neighbour build a summerhouse?
sleepy 10/04/2014 at 6:48 am
One wall of my property constitutes the boundary between my property and that of my neighbour. What access rights do I have if I wish to E.g. replace guttering, clear exhaust vents, remove ivy etc?
tj 04/04/2014 at 10:07 pm
our fence was blown down in the recent storms so we attempted to replace it. when we dug holes to put the posts in, our neighbour filled them in and put things on top of them . how do we stand ,legally
Rigmor 20/03/2014 at 9:44 pm
I have same problem as Nicky. Copied here for ease:
we are an end terraced house sharing a path to the back gardens, the neighbours next door block the path so i struggle to pass....

nicky - 12-Mar-14 @ 8:21 PM

Our neighbour puts his bins on the path so we have to move them every time we go in and out of our garden with push chair and bike. Is this legal?
How Rude 19/03/2014 at 5:50 pm
My neighbour has removed my fence, it was double fenced as we have dogs both fences are ours I have deeds to confirm. He removed one fence without asking I only knew because my other fence was being banged as he banged the nails down, I shouted over I hope your not removing the fence it is our fence, he responded it was rotten ( I couldn't see as he'd already removed & burnt it) when he moved in we checked with the landlady & it was fine !! That was 18 months ago ! We called the landlady who called the agent! they called & said they didn't see our issue ( no wonder people think they can do as they please ) my point is simple MY fence no contact was made to say he thought it was rotten it was up for a reason can I make them or the landlady replace it ?
honey 18/03/2014 at 2:34 pm
I have lived he for forty year there was a three foot wire fence between the too properties in the rear garden I erectied a six foot fence in front of the wire fence the owner of the house at the time took the wire fence down to get the benefits of mine but the new owner has started rent the property out in the last eight years but there first lot of tenants have damaged my fence they moved out and I have replace all eleven six foot panels, but the new tenents are letting there son run in to it with his bike I no he is only 4 but if it carrys on it will damage my fence I have asked them to try and stop him but to no avail the god fathers are still there from the wire fence can I rearect a wire fence as they have about four ins of my garden as the god fathers was in my garden oridgenly or can I make the owner pay for any demerges to my fence
nicky 12/03/2014 at 8:21 pm
we are an end terraced house sharing a path to the back gardens, the neighbours next door block the path so i struggle to pass ,we ve informed the landlord who does nothing ,the have a dog who is vicious and we are scared.the other neighbours feel the same and want to put a gate up to prevent the dog getting to them,but that means then when i use the back i feel vunerable , what can i do without causing trouble with the others
Clarabelle 08/03/2014 at 5:51 pm
We are in dispute with neighbours at the bottom of our garden over a boundary hedge. From the deeds (which date from the 1920's when our road was created) it looks as though the hedge at the bottom of our garden is shared with neighbours from the parallel street; we have always assumed this to be the boundary. Several years ago we erected a fence which is situated approximately 1.5 feet in front of the hedge to prevent our dog escaping from our garden. The neighbours are now saying that this fence is the boundary and that a large hedge containing fully mature trees and privet (which we keep neatly clipped back) is on their property, therefore they have the right to either cut it down to 8 feet in height or take this growth out altogether. We have politely disputed this, the neighbours became aggressive when I spoke with them and are insistent that they are intending to chop the trees down to 8 feet. What action should I take?
Ginny 23/02/2014 at 6:35 pm
The builder that erected house next to us was supposed to plant hedge and trees along boundary, but instead put in a fence which has now become unstable, who responsible for fence?
malput 21/02/2014 at 5:36 pm
MY neighbours wants to take down a fence that my previous neighbour went halves to pay for. What makes it worse is that they want to put up their own made of decking panels. We do not want this and have told them so but they insist it's there perogative to do it. All our plants are in a border by the fence and we do not want them disturbed,
Also they would need access to our garden to install it. I have said this is unacceptable,
J.R. 16/02/2014 at 5:48 pm
when be bought our house .We were told that the alleyway at the back of our property was part of our land with a right of way for the two houses next to ours .There is a neighbour at the back of our property, in the Road that runs beside our house .We have a bold corner plot ..The previous owner took. the boundry fence down and when he moved did not replace it However we asked the new neighbour when he moved in 1994 to replace the boundry fence .His answer was That won't be yet .He now wants to have planning permision to build extentions to the side of hos property .we think he is doing it for when he sells .We want him to put the boundry fence back ..Can we insist to the council that he does .
kazchelle 15/02/2014 at 2:09 pm
Hi I'm a council tenant and was wondering what side of the fence belongs to me as I look out my back door??
rosie 07/02/2014 at 11:33 am
my brick boundary wall is falling down due to my neighbours trees what can I do
webster 25/01/2014 at 3:17 pm
my neighbour has (without my permission) erecting a conservatory only a few inches from my kitchen window. The side facing my kitchen window is going to be glass. Is there not a legal requirement for him to build a BRICK wall facing my side? At the moment he has removed the original privacy panel and now he can sit in his new conservatory and invade my garden privacy. Is this legal?
The Rev 12/12/2013 at 6:06 pm
This is just a long list of problems. Where in the Lord's name are the answers?
shaz 23/11/2013 at 1:41 pm
my neighbour built a large garage when it was time for the roof to go on he said the footings where measured wrong so the guttering is about 18"over my garden he said he would sort it out .4 years on nothing has been sorted .Im afraid it will cause problems when the house is sold.please give me advice
thank you
anon23 16/11/2013 at 9:45 pm
My neighbour holds onto the balcony of my flar and permits her disabled to spit and shriek continuously;though I have asked her to move away.
What are my rights as a council tenant who wants her privacy.
Have never had problem with any neighbours before.
Stressing me out as dont feel safe anymore as single parent.
Sean 24/10/2013 at 10:38 am
What rights do you have when a next door are building an extension, there is a digger in my garden and they are removing some of my plants, the wall that is being erected means it will replace our dividing fence.

Thanks
Tilly 18/10/2013 at 4:47 pm
we have a detached house with a side door facing side of the neighbours house; the neighbour has a landing window and conservatory window on this elevation - which obviously they need access too, we have no problem with this.

When we moved in 12 months ago there was a fence and a gate between the 2 houses, it was in poor condition, so we have just replaced it moving it back around 4 feet so our meter cupboards can be accessed, and we have put a lock on it and provided the neighbour with a key for access in the event she wants to clean windows or other maintenance.

When we bought the property the deeds were looked at and there is nothing legalised about actual boundaries, but the back fence of the neighbours and the kerbline of their front drive - may mean 18 inches or less of the land at the side of the house is their boundary; they believe that they should be able to put their dustbins outside our back door so want another gate so they can put their dustbins there - as we have a dog and need security we believe we are entitled to have a gate that encloses the property, the lady is usually pleasant and we spoke to her about the gate and would be giving her access, and told her saturday it would be done this week, now she is insisting on double gate - don't want to fall out with her, but we know there is no title deeds with sizes etc on as had land registry out when we bought the house - but she is insistent that 3ft down the side of the house is hers and we shouldn't have put in a gate anyway it should be left open, as we say this was not stated as condition in the deeds etc when purchased the house. we are just going to give her the key and say if not happy then she will have to seek legal advice, she says going to move in the spring anyway. I am thinking to put a post in and leave 18 inches between the gate, but the boundary line is hers to fence and she won't do that so therefore the security of my property would be compromised - am I entitled to ensure the security of my house and been reasonably in giving her a key. There is soil on the side of the house that we weed and maintain she doesn't volunteer for that!
Mumalina 05/09/2013 at 7:23 am
I moved into my semi detached property in 2004. The neighbours who lived next door when I moved into the property told us that when they extended their dining room they built it further in towards there land loosing 12 inches. They explained that an old lady was living here at the time and they didnt want too convenience her. I live in a chalet style house and extending upstairs and where my conservatory was to the rear which was adjoining the neighbours wall. We are now having a permanent structure and knocking internal walls down etc. We went through the process and our planning permission was approved. Time and time again the neighbour highlighted that when we build to the rear we need to build an additional wall so not to adjoin his wall. After a couple of attempts and trying to get the measurements accurate. We believed we finally got there. 3 weeks later (yesterday) the new neighbours complained and said its still 4 inches out. I was fuming when I came in from work. The builders said "What do you want us to do take it down and move it over. He replied well no. There is a void where our new wall had been built. The current neighbours have made it clear that they will never extend out and take their 12inches but they don't want problems when they come to selling their property!! I have no intention of taking the wall down again. We have been more than reasonable and have made it clear to them. Where do I stand - bearing in mind when I bought my house 9 years ago these were the boundaries when I moved in. Many thanks. Andrea
Martin 04/09/2013 at 12:32 am
I own a semi detached which I bought knowing it needs a replacement roof. this was obvious due to most of the houses on the street being council homes. mine is ex council and one of very few privately owned homes on the street. the council have replaced the roof on all of the council owned homes including the one I am attached too.
I have money aside to do the work however being a first time buyer and never encountered council rules etc with a matter such as this I have a question.
after speaking to my neighbor she has told me that I can get intouch with the council and request that they pay a portion of the cost of a new roof on my own home. purely on the basis that it is attached to a council home.

can someone please tell me if this is true and where if known could I get something saying this in writing as I am sure if I ring the council with the question they will say no regardless of the truth.
or am I just living next to a compulsive lier.

many thanks
sk 30/07/2013 at 9:05 am
Hi, I live in a semi detached house. On one side of the house there is a small shared right of way alleyway which the neighbour keeps her bins there, which means we have to keep our bins there aswell as there is no space to wheel them past. I have asked her to move them but she doesn't want the bins in her back garden. We don't have a front garden there's just the alleyway next to the front door. She has a drive at the front of her house. Does she have to keep her bins on her property. She said she doesn't want to fall out over bins but it's not nice every time I walk to my front door and all I can see is bins. What can I do about it?
angie 09/07/2013 at 11:48 pm
My disabled sister lives in a council house and so do her neighbours her neighbours garden has been raised up at the bottom of the garden and the soil and gravel is pushing against her fence that she put up she has had there garden serveyed by the council and they say its fine but if my sister removes the fence panels all the gravel and soil will fall into her garden what if anything can she do about this if anybody gets hurt in any way whilst replacing the fence panels
Dee 17/06/2013 at 12:58 pm
I own a terraced house and the left had fence is my responsibility. My Neighbours garden on that side is higher than mine and the soil and plants are pushing against my fence. 4 years ago I had the supports put back straight and new fence panels and I covered these costs as my neighbour refused and was quite aggressive. I am now back to square one. I have photo's and as the property is rented out the agents also have documentation confirming the history. I am about to try to talk to her again but where do I stand about her paying some or all of these repairs? Can I remove the fencing and gravel boards bearing in mind that her garden will in all likely hood fall into mine? As her garden is forcing my fencing out is she encroahing over my boundry?
helpme 17/06/2013 at 8:27 am
The front of my property is service strip, which has never been maintained by the Council.
I am trying to get adverse title - using the argument that it has never been maintained at public expense.
Any one had any experience of this?
Alos I have the neighbour from hell who believes it is his god given right to drive over the front corner of my "garden" saying its the councils and therefore pavement. How can I force the council if I cannot get adverse title (which means the police will take action) to protect this piece of garden.
As we are in the corner of a cul-de-sac I have put a fence up to stop next door damaging my frontage, if you could see theirs you'd know why plus they run a logging business from the house but have managed to convince planning otherwise. Highways have said it does not cause an obstruction but have said if next door winges again they will insist I take it down, but three doors away have built a two story extension on their bit of front service strip.
I just need help to protect my front garden and stop the nasty neighbours from next door destroying my frontage. Can anyone help.
From what I can see with the adverse possession if I can prove that his area is not maintained at "public expense" then I can get title, but I am being told that "public expense" means I pay to maintain it. Does anyone have a full legal definition of Public Expense as set out in the Highways Act
Jonski 10/06/2013 at 10:34 pm
I live in a detached property which has some common land behind it that I think belongs to the council .About 8years ago my neighbour who delights in telling everyone the rules and regs of the cul de sac decided to move on to this land growing a hedge to form the new border,the other day while painting the top of my fence I noticed 4 things up against our fence that a burglar could use to get over the fence and I don't know why they are there ,there are 2 different sized water butts a bench made out of flower pots and a wheel barrow leaning on the fence with wooden slats across it so it could be used as steps .i have asked him to move the objects but he refuses .Do I contact the council to get him to either move the stuff or get him off the land?
Doc 09/06/2013 at 11:32 am
We erected a 6 ft fence the lenght of our property after gaining planning permission. Part of the fence stops either side of our neighbours hedge which forms approx 10 feet of the border. It now looks like they are planning to remove it. They will not let us know as they fell out with us over the fence, Have they a right to do this as it will leave a gaping hole in the border line fence?
michael 14/05/2013 at 10:59 pm
Boundary dispute
I have a driveway to one side of my property which runs into my carport and onto my garage. The boundary runs between my drive way and my neighbours front garden can I assume my boundary is the edge of my concrete driveway.
My neighbour has erected a 40 cm picket fence, the post supporting it are in his garden butted up to my concrete driveway and the fence is fixed to the post over my driveway. It is his fence so should it not be erected over his garden and not my driveway.
P.S. the fence was in situ before I brought my house 18 months ago.
mick 14/05/2013 at 10:39 pm
I have a detached house with the front door located along one side (not at the front). My neighbour has the same type of house. He has erected a front side gate on his path between our houses fixing the gate post on my wall which has the gate hinges mounted there. When the gate is used it bangs onto my house, the gate is located at the front side edge of his property before his front side door hence the gate is used a lot by postman, paper boys, etc. The gate was in situ when I brought my house 18 months ago. Question...Where do I stand regarding the Law ,if I ask him to remove the said post of my external wall on the side of my house.
ric 29/04/2013 at 1:20 pm
Is there a general rule of thumb regarding with rear boundary fences in terraced properties, i.e:- is it my responsability for the left or right hand fence as you look at the rear of my house
smeagle 18/04/2013 at 11:27 pm
Myself and my husband bought a house 2 years ago. We have a large plot of land. The neighbour behind has a fence erected some approx 6 ft away from boundry leaving sum of his land in our garden. Could you please tell me were we stand legaly he cudnt possibly be allowed 2 enjoy that land that effectivly is in our garden unless he moves his fence in line. Please help! Feel this could be a problem. Thanx
concerned 18/04/2013 at 9:39 pm
my neighbours are selling their house, we bought the field which goes along the length of all the cottages with a hedge standing on the field we bought!! the neighbours should have a covenant fence the other side of our hedge this is their boundary, our hedge belonged to the farmers field! we bought the hedge with the field, the stipulation when the neighbours bought their house was they had to put the covernant fence back which they never did, now they are selling up so we contacted the estate agent and told them the property they are selling does not got a boundary as our hedge is not their boundary, we know the estate agent is not telling prospective buyers that there is a boundary dispute, we have sent several emails to the estate agent to no avail either from the agents or the neighbour we feel we are being ignored, is there anything else we can do? we think the new neighbours may think the hedge is there's and try to remove it maybe to put a fence up in place, we are concerned as we could have more problems which we should not have to put up with! can we force the neighbour to put the covenanr fence back before they sell the property???( this is a stockproof fence which goes along all the cottages and it is on all the deeds)
Ninjamum 15/04/2013 at 5:14 pm
Need some advice- been living here for just over 6 yrs and are the 2nd in from end of the terrace. The house on the end is converted into flats, with only the ground flat having access to & use of the garden. This is the shorter of the 2 fencing connecting our property to the others. At the end of the garden is an alleyway that is access for our property and the 2 other to the opposite side.

Shortly after moving we removed a large shed at the end of the garden and three panel on the right ( as you look out into the garden) because they were damaged. A couple of years ago, we ended up replacing the rest of them along that side- a total of 10 panels. Recently we've had some work start in the garden and have noticed that the concrete posts holding the panels are in a really bad way- cracking and breaking away. We approached the neigbour and suggested that as we had already replaced the panels, that she should contribute to the replacement of the posts and towards the labour we would change of the 3 panels that we had put in initally so they matched the ones put in more recently. she claimed it wasnt her side - even though she agreed that the front wall dividing our driveways DOES belong to her!! Apparantly, according to her, you have reponsbility for opposite sides front & back (???!!) having told her that this was nonsene- your boundary doesnt zig-zag front-to back, if its the right at the front, it should be the same at the back, she then came back andsaid even if it was hers- it wasnt a priority for her to replace the posts as 'they look alright from her side'- despite the fact that they could collapse and actually are likely to damage the panels as they dont hold them securely.

According to our title deeds- the western boudary is the one we have responsibility for- having checked with Land Registry- this is in fact the fence at th end of the garden which edges onto the alleyway, They have no information at all about the responsibility of either side fence and have said that we would need to find out who had replaced it or that we got agreement amongst ourselves to cover the costs- except there is no willingness to share any costs by the neighbour on that side.I contacted the solicitor who dealt with the purchase,they have now destroyed the file and cant access the information on the seller information form and having made contact with the previous owners, they werent able to shed any more light on the matter other than confirming responsibility for the fence at the end of the garden.

Having spoken to the other side the owner of the ground floor flat is willing to share the costs for replacement of that side.

What I have been advised by my landscaper is that if we are to pay for the replacement of the fencing on the right hand side, we should stake a claim on that boundary as the other neighbour is not willing to contribute towards the costs.

Firstly, can I apply to have the boundary assigned and take responsibility for the fe
kiki 22/03/2013 at 10:03 pm
my neighbor addition's roof (made who knows when) overlaps my property. They put half a gutter which is on my property. when it rains it runs to my property and i am worried about damage that this might cause. Where should I take this complaint? This property is in Toronto, Ontario. Do I have to get a lawyer? what type, where do I go?
Annoyed 21/03/2013 at 11:17 pm
Hi...
I am currently in dispute with out neighbour over encroachment. We have a relatively new property so the boundaries and land ownership is clearly defined in the deeds.
We have a detached house with a 3 foot pathway between our house and our neighbours. The land is owned by us and the actual boundary is our neighbours external wall.
Our neighbour has right of access to the front and back of his property along this path with we dont dispute. However our neighbour has decided to fix a set of double ladders to the boundary wall between our properties without seeking our permission. we have already raised our concerns that he has illegally put the ladders on the wall and that they are encroaching on to our land.. He disagrees as cos he has right of access he has rights to store stuff on his wall regardless of it being the boundary wall.
Unfortunately the guy has the attitude of "its my house i will do as i wish" attitude which has soured relationships between us...
does he have the rigth to store is ladders there? also if he is using the pathway to access his ladders and not to do maintenance etc. is that trespass?
Any advice would be appreciated......
Camel 24/12/2012 at 12:56 pm
My mother-in-law is in a small housing estate. She and 2 others share a drive, whereby the drive goes slightly uphill, with a right turn to the first house which has room for parking one car, then a few more feet up, another right turn for the second house (my mother-in-law's) and then a larger turnaround area and to the right parking for 2 cars. The new neighbors at the end of the drive (with the double parking area) have now blocked off access to the turnaround part of the drive with potted trees. For 27 years, until they moved in this year, my mother-in-law and her guests have been able to use the top of the drive for turning around. Now cars have to be backed down the drive which is narrow and somewhat precarious. How can I find out if the drive should be accessible or not? One would think that the access has been used for so many years now, it shouldn't be taken away. Thanks for any advice you can provide
chimpchoker 29/11/2012 at 7:10 pm
Recently I erected a boundary fence to the side if my house,overall all it stands at 5ft 3in.whilst this fence was being erected my grumpy racist neighbour was cpmplaining it was too high so now a few weeks on ive received a letter from the council saying I need planning permission for this fence.after browsing it seems I do need this planning permission but I must pay £172,what if im refused planning permission?
dooah 26/11/2012 at 5:50 am
We have a problem with a developer. The boundry fence is brush with steel framing beautiful ivy and creepers over it. The developer has built some moderrn house and does not like the old fence, which would need a bulldozer to demolish it. Over 10 years he has owned the property he has done nothing to maintain the fence on his side. Now we get a letter demanding we take down our fence and put up a good neighbour tin fence to be in keeping with his design. ( all the rest of the street has bruch fencing. plus asking or over $6,000. Can we refuse, just because he wants to do his things his way. We have had problems with the developer since the building started, he has not conformed to things like overlook windows being opaque, now the fence. I would be happy to disclose his name to everyone, in fact we are reaching a point of going to the tv. Any suggestions re the fence. I personally think as the fence is sound, we should say just tidy up his side now. or put up his own fence on his side
Browns 23/11/2012 at 8:45 pm
I live in a semi detached house and my neighbour lives in an end terrace - he continues to build onto his property a porch - a workshop and is now considering building an extention to his kitchen by extending on the side of his house over sewage drains against my boundary - will he need to ask the council for peermission of any sort - as it feels as if we are becoming hemmed in by the existing lean to he has built on the side of the property - and now the kitchen extension he has suggested - can he do this ?? PLEASE HELP !!!
Mickey 14/11/2012 at 10:37 am
How can I complain about a neighbour's roof extension that overhangs my property? I have already complained to the Council and they have said that because it was built some time ago then nothing can be done via them.
natasha 13/11/2012 at 5:14 pm
I am a tenant, and found my next door neighbour on my roof, which we do not share. He did not get mine or the landlords permission. Is he aloud to do that?
Niki 21/10/2012 at 11:04 am
We live in a detached house, one side is a respectable family in a detached house (no problems) and the other side is rented out. We have had several issues with rented people regarding parking and rights of way. The deeds clearly show one parking space in front of the garage and show the rest of shared driveway to be "joint rights of way and maintenance". Does this mean cars shouldn't be parked in this area? We have tried resolving this issue with the rental company but nothing is changed. I tried to back car out of my own personal driveway and they had a car parked in the "right of way" area. I asked if the car could be moved and the response was "can't you back out the other way", to which I replied not really (it is an awkward angle) and shouldn't I be able to back out the way I have always done? The family have made threats to us and I don't know what to do for the best.
kate 27/09/2012 at 11:43 am
I bought a house last year next to a secondary school (academy). In March this year we started renovation works to my house and garage. The existing garage was demolished. This exposed the school and the state of their galvanised fencing/ For my safety, I temorarily placed new chainlink fencing along their, really to keep the kids out and my family and puppy safe. We build a new garage, then erected new fence panels and finaly between their galvanised fence and my fence panels i planted conifers.
The School keep sending me threatening letters saying i damaged their fence and when was I to replace it.
I have had quotes and every company who has seen the fence is appalled that the fence has been so neglected.

I have had a survey done in the even of court.

The previous owners lived at this house for 40 year and in 1976 they complained the the LA that tennis balls were constantly coming into their land. The LA then erected the galvanised fencing, the same corroded fencing that the present Head of Governors is stating that I damaged.

How do you think this should be settled, bearing in mind I dont have surplus money to spend on solicitors fees.
kent 23/09/2012 at 6:56 am
Am i within my rights to take down and move my trellace with me?

We are moving from our council house that has a yard that i put up £440 worth of wooden trellace around to help encourage neighbourly love, non of the neighbours planted any flowers and infact have being bullying us because we apparently think we are better than them because we wont get stoned with them, we decided to sell up and move .
sharn 17/09/2012 at 9:31 am
I live in council property. my neighbour (brought ex council) as taken over half the shared path! now if any emergancy service comes ie ambulance/fire they wont get down!! with a bed or chair, my own sister cant visit in her whel chair s she cant gain access to my front door wot happens now.
bubbles 06/09/2012 at 12:33 pm
Next door sold his house to someone who is renting it out, we put up with noise for nearly seven months whilst he was doing extensive renovations to the property, we had quite a large hedge between our properties which gave us very good privacy, when he asked if he could remove the hedge we agreed on the proviso that he put up a fence that gave us the same privacy, but he has only put up a single 4ft. fence, when I asked him about the fence he said that that was what he was leaving it as, when we complained to him he said "i,ll see what I can do" this in our opinion is,not good enough , what should we do. Thanks
greywacky 18/08/2012 at 9:53 pm
We have recently bought a new build property the fence to the left hand side of our property we assume belongs to our neighbours (we have recently moved in and our neighbour says it is his) and there is quite wide gaps in the fencing. We would like to erect fence panels which we can't see through for more privacy, can we attach them to the fence?
Garry1967 08/08/2012 at 12:44 pm
I have run my business from my mums house for the past 15 years. I have out in planning on a field to where I want to put a workshop. There is no problem with the size or location where it is, but they have refused planning saying that the the driveway that comes off my property and onto a country lane then on to a one way B road is hazard. How can they refuse planning when the drive has been there for around 50 years. There is no more or no less traffic than there has ever been. Has anyone come across this befor and can give me advise please
AL CUFFEY 03/08/2012 at 1:16 pm
We have lived in our house for 34 years and our deeds show access to our house via a drive up the side of our neighbours house We have parked on this drive for the whole time sharing space with the neighbours next door. However next door have put there house up for sale what are our rights to continue parking there?
minjee123 01/08/2012 at 5:45 pm
hi ive got two vehicles on my drive on of which has been there for over 3 years not moved.they both over hang my drive by around one and a half foot..it doesnt block anynoe from walking on the pavment .am i breaking the law an can i be asked to move them?
tleaves 28/07/2012 at 4:34 pm
We have recently bought a maisonette and are doing a rear extension. However we have found out that the neighbours rear extension is built over our boundary and their roof gutter will need to be removed and put onto of their roof.
A) Do we have any legal right to dispute that they on our land given the plans were approved in 1992.
B) Do we have to pay to replace the gutter to a new position or should they contribute to the costs given they over the boundary.
C) Do we have any claim to some of their back garden since they now have taken some of ours?
waadsy 25/07/2012 at 10:11 pm
I live in s Victorian terrace with a slate roof. My neighbours have replaced their roof with a concrete slab roof. As a result, where our roofs used yo join they no longer do and their roof over hangs ours. The gap underneath has been filled with cement which keeps falling out leaving a big gap again. Obviously water must be getting in. I have developed wet patches in my front hallway and understairs cupboard, both on the adjoining wall. I do not believe that they should've been able to use this roof covering as it is completey unsuitable for this type of property. Even if it hasn't caused the problems on my interior wall, the gap in the roof cannot be doing much good to my house. Who do I go to for advice?
chris 08/07/2012 at 6:51 pm
I have a driveway next to my neighbour's driveway which is seperated by a straight line of single red block paving. I want to errect a 1 meter high railing fence between the driveways on my side of the block paving is this allowed and do I need council permission
Bjl 02/07/2012 at 3:37 am
Me and my husband bought a land recently and wants to build the house. Our plan is to build the garage on common boundary. So, we concern with our neighbour and she refuse it. she don't want us to remove fence and build the garage wall instead. we do not want to change our plan.Any suggestions?
Moanaminute 16/06/2012 at 12:08 pm
Our Neighbours are considering putting on a new roof, and after recent events, have shown that they arrange for things to be done, and expect us to say yesto them accessing our property.They few things that have happened only relate to 2 hours work.If they arrive one morning and ask for scaffolding to be errected on our land where we have a greenhouse and shed , can we refuse?Or can we charge them so much a day , as the work would probably take 3/4 weeks.
boots 14/06/2012 at 7:52 pm
A house has been built, but left unfinished for 4 years on the boundary line of my friend's property, with the roof hanging over into her garden, and with no guttering on the roof, it has destroyed my plants and decking, also I cannot sit in the garden, due to the water damage on my decking and lack of light, due to the errection of this house.I have b een told recently by a friend , that the legal distance to build is 1 metre from the boundary line, can you rell me is this correct ?
Dod 14/06/2012 at 4:25 pm
Can I stop my neighbour from power washing my wall? The title deeds clearly state the wall belongs to our property but weekly he insists on power washing the bit at his side. The pointing is now coming out!
trisha 10/06/2012 at 6:30 pm
Can anyone help? we own our house, next door is council, council are putting new roof on all their council houses. Council want to erect some scaffolding in my garden, to access council house roof, I have refused as the council have access to three sides of the council house, and therefore do not need to enter my property, our neighbour has turned very nasty, as her roof is now leaking with all the bad weather, she is saying that she is going to sue us, as by not allowing the council workmen into our property, we are stopping her, from getting a new roof, are we within our rights to stop council workmen errecting scaffolding in our property? Thank you for any help.
anna 05/06/2012 at 8:00 pm
can a neighbour remove boundry fence and put up 2 sheds that overlap my land
Chillout Editor 01/06/2012 at 12:17 pm
@Ali. Why does it matter so much that she painted the side of the fence that you cannot see? If you put a fence up that was 2ft higher than what was there, it may have looked bad from her side, so she painted it? Not really a big deal compared with the some of the other comments I can see on here.
ali 31/05/2012 at 9:24 pm
I put a six foot fence up on my side of the garden and my neighbour still has her four foot wall on her side as she didn't want it taken down. She has now painted the side of my fence which is facing her garden even though it is not in her garden at all.

Does she have a right to do this. She hasn't asked because we fell out over something else so don't speak. How can I deal with this?
Gibbo 17/05/2012 at 11:08 pm
My neighbours drive is held up by a wall which he built 45 years ago. The wall has been crumbling for the last several years and recently he has taken of the top couple of feet as it was about to topple over. The remaining wall is now crumbling also and about to fall onto my drive. When it dose his drive will subside as it is about Three feet higher than mine.I believe this boundary is neither his nor mine and so I guess would be joint,but whereas I would be happy with a light wickerwork fence, he wants to have a series of concrete panels and godfathers so that it will retain and support his drive.His option would be much more expensive and I don't believe that I should have to pay for something that I don't need!!I get on well with my neighbour and would not like to fall out with him, but I think I'm seeing this fair and square, any views out there?
del 17/05/2012 at 9:32 am
The boundaries on my deeds are marked in red/black and the words that appear on the deeds are " to maintain in a good condition the fence along the boundaries of the property marked with an internal ' T ' on the plan annexed hereto ". The boundary in question is coloured red on the left hand side of the garden and black on the right hand side - the colour of the rear is red - and as this does not abut onto any other property I presume that it is my sole responsibility - my neighbour is saying that the boundary is "shared" ?? can you please help in this matter - thanks - Derek White
john 15/05/2012 at 5:24 pm
The side of my neighbours house is on the boundary of the house that I rent. With his rendering it appears to be over the bounadry ( its about about 2 cm forward of the garden wall separting the gardens. Am I allowed to remove flaking paint and reseal / paint from part of it that can be seen or do I need to l wait for him to do it ? He informed that it was getting painted last year and now he says this summer and he will be asking my landlord if he can errect scaffoling. I have no problem if he goes ahead with this but would not want it during the school holidays - as a tenant with a 3 year agreement can I requset that its not done when the children are off school as will be inconvenient and a hazard as they would have to walk under it to access the garden ?
gismo 07/05/2012 at 7:40 pm
Can you put a security light on the side of your rented property for security its on the side of my house the house that over look car parking space
bb 30/04/2012 at 6:08 pm
My wife and I bought our house last year with the intent of putting up a fence. We currently have a hedge that runs across the back of the property which we were told we own. We originally thought that this hedge (as well as 2 trees) were just inside the property line but after pulling out the survey as well as our neighbours survey next door, this is not the case. We actually own 2.05 feet on the other side of this hedge. Can the neighbour behind us do anything to stop us from taking this back, he has planted a garden along the entire hedge but I technically own it. The neighbour beside us said when he put up his fence 2 years ago before we had moved in that it got pretty ugly with the neighbour behind us. I am willing to put the fence even with the other one as it would keep the trees inside my yard and there would still be about 1.5 feet on the other side of the fence before the property line.
RC 20/04/2012 at 9:58 am
I have a mid terrace privately owned house and the houses on either side are owned by the council, both of which have been re-roughcasted over the boundary line in a different colour to mine, without my permission. One has mono blocked their front garden over the boundary line also without permission. Do I have any grounds to complain? The other side, the person lives alone, has senile dementia, and are unable to maintain their garden. Can I replace the back garden hedge with a fence, the hedge on my side is around 5 feet and 7 feet on the neighbours side, without seeking permission?
Danny 04/04/2012 at 6:15 pm
My neighbour - of the past 3 years - has decided to replace her boundary fence, has her new puppy keeps breaking through the gaps. We initially offered to help with the physical and financial side of things. After three days of fencebreaking, stump removing and digging, we had a heated exchange as apparently I was 'not doing my fair share'. Although I am still willing to help - at my own pace, Leagally speaking, do I have to continue my help.
kalaidascope 28/03/2012 at 9:02 am
I intend having my asbestos garage taken down by my next door neighbor, but the garage forms a wall on my other neighbors garden. Unfortunately although I get on very well with both of them they dislike each other and the neighbor whose garden abuts the garage does not want the other neighbor on his land. The idea i've come up with is to leave the asbestos wall facing the neighbors garden standing and move my new fencing six inches back on my land. Does this seem feasible?
Wolvesb 16/03/2012 at 7:21 pm
My neighbour erected a new fence a number of years ago. The fence now needs repairs who is responsible for paying for them?
dolla 05/03/2012 at 4:59 pm
My question is, my dad owned his home for over 30yr. Then the neighbors decided to build on some of his property. They had done this build for over 9yrs. Is there anything I can do to get it back, since my dad passed away?
Scraps 28/02/2012 at 4:51 pm
My neighbour has cut an inch into my side of my asbestos garage roof without my permission, I knew they were putting a new roof on their side but was unaware they would be cutting into my side and then using the entire boundary wall. I now have a few cm gap into daylight, is this criminal damage and what can I do????
aman 19/02/2012 at 11:22 am
The new owner of the house next door has moved my back gate to avoid my tenants having to step over part of his yard toaccess my back garden. He has gone ahead with this without my permission. The back garden also looks much narrower than before as he has taken it upon himself to move the boundary line. Im unclear from the deeds where the boundary line is. Can anyone help me? He has destroyed my garden and has starte dthis witout my permission as I told him I couldnt agree to it. Surely I can take legal action? If so, how much would it cost and what would be my chances?
aal 09/01/2012 at 12:19 pm
Can anyone offer any help on this one, My neighbour has dug a very large pond/hole at the back of his garden right up to the boundry fence, the pond/hole is now lower than my garden and the soil is erroding away into the pond/hole does anyone know where I stand on this? Thanks.
anon 29/11/2011 at 11:05 am
We had an extension 9 years ago, plans approved and signed off by local council, neighbours informed, we built up to their wall (1 foot gap) but did not cut into it. There was no party wall agreement as it was I informal between them and us, have had no issues since but now we have a buyer for our house who is asking for the agreement, where do we stand and what do we need/can we do anything. I have spoken to my architect who has also stated at the time the agreement was informal and that was satisfactory.
phil 28/11/2011 at 3:16 pm
Not all neighbours are fair and just want you to pay all the repairs
Jane 22/10/2011 at 5:45 pm
Can you build adjacent to a party wall but leave a two inch gap without giving the neighbour a months notice. We are not touching the party wall but the neighbour is threatening to take out an injunction to stop the work as they weren't given notice. We have planning permission to build a garage store
SJC 11/10/2011 at 2:35 pm
I live on a terrace and the fence in between one of my neighbours and me is in need of repair. If plans show it's mine but the fence is attached to their house (their house sticks out a little bit so each house is staggered) who should repair the fence?
Micky sue 24/09/2011 at 11:04 am
Next door to me had an extention built two years ago, however we have just found out that the roof on their extention hangs over our boudery by 3 inches, we only noticed due to having building work done ourself, my worry is that if I want to extend up, which is something we are thinking off, who will have to pay to remove there roof part that over hangs, they are not the nicest people but I feel if we dont do something they will be able to claim it at some time, any help would be great
Thanks
Iverni 21/09/2011 at 10:53 pm
There was a wall separating my neighbour's and my terraced houses. Recently my neighbour got a cowboy builder to knock the existing (okay) wall down and rebuild it with a very amateur looking build which is uneven and slapdash, then painted my side dark red to hide the uneven surface. What are my rights?
Macker 23/08/2011 at 11:50 am
Can I stop my neighbour from painting half of the capping on the wall I built over 20 years ago and have painted and maintained every year since. This is the first year my neighbour have painted her wall and have painted half of the capping a different colour to what I have on it and she did not contribute to the building of any part of the wall.
tracey simons 12/08/2011 at 3:06 pm
My neighbours gardens are totally overgrown and need sorting, also the back wall to the left of my back garden, not sure whos wall it is ours or his has started to collapse to his side and is very unsafe. I have mentioned this to him asking if he wants to go shares on a new wall or get that one repaired as I have two children and its not safe, he didn't seem that interested at all, what can I do?
r kennedy 27/06/2011 at 7:24 pm
Hi, Our neighbours erected a boundary fence when the house was for sale and there is a step in the boundary line. Does anyone know what we can do to get the said fence where it should be?
kas 03/04/2011 at 9:37 am
I have moved into a new build there is a boundary wall in front of my garden, which is on the road it's being classed as 2inches to high and is being disputed. Can I put up anything on my side of the boundary wall for privacy? I have flats in front of me that can see in, also everyone sits on my wall which is classed as my garden and everyone parks outside my wall as its on an unadopted road. Can anyone give me advice?

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