Establishing Rights Over Fences & Boundaries

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Establishing Rights Over Fences & Boundaries

Why boundary disputes happen

Disagreements over fences, walls and boundary lines are common between neighbours. They tend to surface when one person wants to build something, extend their garden or make changes near the edge of their property. The other neighbour objects, believing the work crosses onto their land.

Repair bills cause friction too. When a fence blows down or a wall crumbles, the question of who pays can turn a minor annoyance into a drawn out row.

Most of these disputes come down to two questions: where exactly is the boundary, and who owns it?

What the Land Registry actually shows

The Land Registry holds an official copy of the register and a title plan for each registered property. You can download both for a small fee from the Land Registry website. These are the documents that matter for boundary questions, rather than the bundle of old paperwork sometimes called title deeds.

The title plan shows your property's boundaries with a red line. This line is only a general indication. Land Registry plans are based on Ordnance Survey maps and are not drawn to a scale that settles disputes down to the last centimetre. A boundary shown as a single line might sit on either side of an actual fence, or it might run through the middle of it. The plan alone will not tell you which.

Some registers contain written descriptions or references to earlier conveyances that give more detail. These can help, but the wording may be decades old and hard to match to what exists on the ground today.

There is another complication. Previous owners may have agreed between themselves to move a fence or alter the boundary line without updating the Land Registry. The official record and the physical reality can be two different things.

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Other evidence of boundary ownership

If the Land Registry records do not settle the matter, you may need to look at other evidence:

  • Historical photographs or maps showing where a fence or hedge stood in the past
  • Statutory declarations or written agreements made by previous owners
  • The physical features themselves, such as which way fence posts face, though this is not a reliable rule
  • Evidence of who has maintained or repaired the boundary over the years

None of these methods is definitive on its own. Statutory declarations and written agreements carry weight but do not legally prove where a boundary sits. Courts consider all available evidence when boundary disputes reach them.

You may have heard that the fence posts always face the owner's side or that the left hand boundary viewed from the road belongs to you. These are popular beliefs but not legal rules. They might reflect local custom in some areas, but they carry no weight in law.

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

Resolving a dispute without court

Going to court over a boundary is expensive and often leaves both sides worse off. Legal fees can easily exceed the value of the strip of land in question. Before taking that path, consider alternatives.

Start with a direct conversation. Many disputes begin with assumptions or misunderstandings. Your neighbour may not realise the position is unclear either. A calm discussion can sometimes clear things up without any need for formal steps.

If talking does not work, mediation is worth considering. A trained mediator helps both parties reach an agreement without the formality and cost of court. The Royal Institution of Chartered Surveyors runs a neighbour dispute service, and local mediation services operate in most parts of the country.

You can also instruct a surveyor to prepare a boundary report. A surveyor will examine the Land Registry documents, inspect the site and give an independent opinion on where the legal boundary is likely to sit. This can provide common ground for negotiation or at least clarify what a court would probably decide. Bear in mind that a surveyor's report offers professional analysis, not a legal determination.

If you reach an agreement with your neighbour, put it in writing and keep a copy. For a permanent fix, you can apply to the Land Registry for a determined boundary. This process involves surveyor input and fees, but it establishes the exact line on the official record and removes ambiguity for the future. A determined boundary is the only way to legally fix the position once and for all.

When you might need legal advice

If informal efforts fail and the dispute involves a significant area of land, or if your neighbour is actively building on what you believe is your property, legal advice may be necessary. A solicitor with experience in property disputes can assess the strength of your case and advise whether court action is proportionate.

Keep records of everything: correspondence, photographs with dates, receipts for maintenance work. This material could be needed if the matter escalates.

For general guidance on boundaries, the Land Registry publishes free information on the GOV.UK website. Our Neighbour Rights Checker can also help you understand your position before you take further steps.

The Next Step

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Now that you have read through the advice above, you might want to put it into practice. Our Neighbour Rights Checker lets you check your legal rights in any neighbour dispute. Takes 1 minute. Try it now →

Ask Problem Neighbours a Question
ProblemNeighbours Editor 20/05/2026 at 9:15 am
@Joey Yes, you can ask him to remove them. If the fence belongs to him, he has no right to put supports, posts or any other structure on your land without your permission, even if his fence is falling apart. Put your request in writing so there's a record, and give him a reasonable deadline to sort it out properly on his own side. If he refuses, it's technically trespass and you can escalate it through Citizens Advice or a solicitor's letter.
Joey 29/06/2023 at 8:02 pm
My neighbour as attached wooden supports for his fence on my side in my garden without asking me as he says his fence is rotten so needs to do this can I ask him to remove these supports
H 15/08/2022 at 9:41 am
i live on a mobile home park and a housing development has just been finished and there is a small landscaped area which abuts our property. The problem we have is the height of the trees and the fact that the branches overhang our property. I have contacted the developer and they told me they handed the development over to a management company,upon contacting the management company they informed me they informed me that they had no funds put aside to deal with the problem and asked if i had been in touch with the developer which i informed her i had and sent her attachments of all my correspondence with the developer, she contacted them because they had a fund which deals with this sort of problem and they had no plans to carry out any work on these trees.I find myself in limbo now as nobody seems to want to take responsibility for this problem. Any advice you can offr will be greatly appreciated
H
Pwhodelop 10/06/2022 at 5:29 pm
I have just moved in our BNB and the whole street is great, except our Nextdoor neighbour. We have our washing line just over our dividing wall. She said she does not like to see washing on lines, especially as it flaps over her side of the wall. So now she wants to put up a 6 foot fence to stop us hanging out our washing. We don’t have a garden, only a path, so we can't put the line anywhere else. Also being a B&B we need to wash our bedding, plus a tall fence will block out our light and possibly cause damp. Is there anything I can do to stop this fence going up? Especially as the owners do not live in the house, they rent it out.
bond_c 01/04/2022 at 4:01 am
Can I claim the adverse possession of the garden where my fence erected(30Wx60L), If I am maintaining it from 2004? It is possible that new owner's can reject adverse possession or make me move the fence to original boundary.
None 06/12/2021 at 5:31 pm
We have lived in our house for 26years and never had any problems with our previous neighbours whom actually became part of our family until they both passed ! The man that bought the property 7 years ago has been awful from the start !!! He’s a bully we’ve had many altercations resulting in police being called ! I have a liaison officer wpc Anita wheeler whom has tried mediation and setting ground but this man is an aggressive bully ! He’s now erected a fence in the front that approximately 8ft tall Ito the right of my house !! So we will bd over shadowed especially in the better weather is this legal and what can we do as approaching this man is out of her auestion due to his aggression?? Someone help !!!
Dawn 01/06/2021 at 3:19 pm
I have put some canvas screening on the fence my side but it is owned by my neighbour.
The only reason I did this was because there are gaps in the fence and I'm fed up with her looking through there when she thinks I am not looking. I would like some privacy. She has complained by letter as I didnt realise I had to ask her permission. She is one of those neighbours that loves to complain about anything. Can she take legal action against me?
Many thanks.
Dawn.
juby 27/05/2021 at 5:16 am
I have a dispute with my neighbour about whether the fence between us is his or mine, We are two detached houses, and I have lived here since 1964 When I stand on my front door the fence in question is on my right hand side. His fence needs repair. I have repaired all the fences around my house, to the left and front and back. Am I right in thinking that the fence
to the right of my front door is his responsibility?
shells 19/05/2021 at 9:39 am
Hi, my elderly fathers neighbour has removed the fence between the 2 gardens and demanded he pay half to have it reinstated. They have also damaged lots of very established bushes in the process (planted by my late mother).

We have checked the Title Deeds and although the fence is on the left of my fathers property it is not marked with the T on the title deeds.

The fence has been down for at least a month and my poor father has had to sit in the living room with the curtains drawn for privacy.

Is there a time limit to get the fence re-instated?

Thanks
Jennywren 03/04/2021 at 2:24 am
I have a long wooden fence which divides my garden from my neighbour's paddock. I have lived in my house 35 years and have always been able to enter the paddock to paint and repair this fence with no restrictions from any of the previous paddock owners until now. When I have carried out this work I have always ensured that no paint is spilt or materials are left around and always leave the paddock very tidy after the work is completed. Backalong I had a young man doing some gardening for me and he - without my knowledge strimmed back some nettles in this paddock near my fence to stop these nettles coming into my garden. Unfortunately, he was seen by my neighbour's wife who was extremely rude to him and threatened to block off my small gate to this paddock and put up a higher fence against one part of my fence which is a picket fence ie approx 4ft high - the other fencing is traditional 6ft wooden panels. This of course would prevent me painting same in the future and obviously it would eventually rot. I saw the wife in the paddock the following day and apologised but she continued to be verbally nasty. Quite a while after I wrote my neighbours a letter stating that I hoped to enter their paddock to have the fence pressure washed to remove green algae prior to painting, apologising again for strimming the nettles back.and being very polite and saying that perhaps we could draw a line under this matter and start again treating each other with mutual respect. However, in the afternoon the husband turned up at my house brandishing this letter and saying that I was not to go into the paddock on Monday and that he would not let me go in ever again. I agreed to not go in on the Monday but stated that I believed I had a right of way. I asked my neighbour what I had done to upset him so we could talk about it and he just said that the reason was he did not like me and from the very first time he met me, he did not like me! The thing is that I have never been rude or unpleasant to him or his wife and get on really well with my other neighbours.

On consulting my original Conveyance I see that I only have the right to empty my septic tank and no official right otherwise. However, I believe that I have established the right to do this by Law as I have been carrying out painting/repairs unhindered for 35 years.
I contacted the person who sold me my house originally who is a well respected farmer and he advised that as I had lived in my house for over 12 years I had now a legal right to enter. I also contacted another well respected farming neighbour who agreed that I now had a right of entry. I then contacted another person to get their take on the situation he said he would come over to see me and I told him my story. He said he would help me as a friend because this did not come under Council business - he is a Regional Councillor and former Mayor. He left with a copy of my original letter to my neighbour and said he would look in
Conpo 15/03/2021 at 12:23 pm
Our neighbour told me he would keep concrete post at bottom of our adjoining gardens, he has now changed his mind , so lied!
Also , can he claim back what he says is 8”of his garden, by removing old boundary fence concrete posts and chain, link.
Also land been in our possession for over 7 years, but has been in the family for many years, so beyond 12 years?
Can he remove concrete fence posts and chain Link? And also claim the extra inches between, that and a fence a previous owner had put up , leaving the gap between their fence and the chain link.
The gap being in our side of garden, for over 12 years between us and our family ?
ProblemNeighbours Editor 21/10/2014 at 12:42 pm
@sharon - you could take action for criminal damage to your property (and also trespass if that had to access your land to cut it) but you will need to be absolutely sure about the wording you used when you agreed that it could be cut back/reduced in height. It could be one word against the other and turn out costly in a court of law, far better to resolve this between you. Could they pay to have some alternative planting put in place?
SHARON 12/03/2021 at 2:44 am
THE MAN AND WOMAN THTA HAVE DAMAGED MY FACE WITH THEIR OWN HEROINE ADDICTION HAVE THROWN THIS ON ME FOR FORTY YEARS THYE HAVE MOVED DOWNSTAIRS TO FINISH WHAT THYE NMEED TO DO TO ME THYE HAVE USED MY ART THEY HAVE USED WHTA THYE CAN TO USE MY WORKS OF ART CXOST THEM A FORTUNE THEY NEED NOT PAY IF THEY MOVE DOWNNSRTAIRS AND THEN PRTEND THIAS IS RTHEIR FALT THYE LIVE IN THIS FALT AND PERSUE MY WHOLE LIFE USINGF ALL MY CLOTHES SHOES AND BED THYE THEN PERSISIT IN FOLLOWING ME AND STEALING EVERY PENNY I HAD IN THE BANK THYE HAVE DONE THIS OPENLY FOR THE SAKE OF GETTING RID OF MY FACE FOR THEIR CHILDREN WHO GO TO A DRUG DEALER FOR MY FACE TO BE WRECKED AND HAIR IT IS COVERED WITH HEROINEW I GO TO THE OUTSIDE EACH DAY THEY FOLLOW MW AND THEN FILL MY BAGS THEY HAVE DONE THIS IN GREEECE THYE HAVE BEEN FINED ALREADY WGHY HAVE THEY NT BEE N SENT TO THE AN UNIT FOR DRUGS THYEN HAVE TRIED TO USE ALL THEIR DRUGS IN MY FLAT THEN GO DOWNSTAIRS THYEN HAVE BEEN INVESTIGATED BY MY OWN INVEASTIGATIORS FOR MY OWN SAFETY SEE MY FACE IN THE NIGHT SHE STANDS AT THE WINDOW FULL OF HEROINE STAINS AND TAKES DRUGS THEN FILLS MY EYES WHICH WAKE UP AND SEE THEM THEN SEE THE REST OF THE BODY AND FACE THEN THYE NEED ME TO BECOME UNCONSCIOUS THYE ARE TO ME ADDICTS TIO BE TAKEN WAY GET A SOLICITOR TO DO JHIS NOW THEY DO TJHIS TO ALL THE CLOTHES ALL THE UNDERWQEAR TAKE IT OUT OF THE WASHING MACINE AND THE WARDROBES FILL THE CLOTHES WITH HEROIN AND GIVE THEM TO WEAR THEIR CHILDREN TBHE ARE ADDICTS
SHARON 12/03/2021 at 2:35 am
GET ME A SOLICITOR WHO CAN GET ME A COURT ORDER TO TO GET THEM TO STOP DAMAGING MY FACE AND BODY WITH THEIR OWN ADDICTION THTA IS KNOWN TO THE WHOLEW OF THE HOUSES OF PARLIAMANT THEY HAVE NO RIGHT TO COME TO MY FALT AS THYE ARE HEROIEN SEEKERS FOR HEROINE I SEE THE DAMAGE FFROM THEM IN THE DAY IN THE FLAT AND OUTSIDE THYE HAVE DESTROYED MY FACE FOR THEIR CHILDREN TO GET THE WORK I CREATE THERY HAVE TAKEN MY BUSINESS TO PROVE APIONT TO THE MAN THAT HAS PRACTISED MY ART A COURT ORDER TIO EVICT THEM ALL
Will 25/02/2021 at 3:18 pm
We have been living in our bungalow for the past 38 years the next door neighbour
s have been their for 32 years, been no problems with the boundary in that period.
In May 2020 the neighbours decided to erect a fence at the front of the house on the West boundary which belongs to us, our house was on the market at the time, we had to take it off the market,
They erected it without permission in our front Hedge, I explained to them that the boundary belongs to us and it is in the wrong position as per the title deeds, also that there is a protocol to follow via the HMLR, I offered to show them the documentation they declined to see it, also i wrote to them via registered mail detailing the correct way to go about it in accordance with the Law, to erect the fence without a survey and us agreeing was illegal,
We had a survey carried out showing dimensions of the boundary in our favour it and then started the legal process,
9 months later the neighbours had a survey carried out? after erecting the fence?
We have now been drawn into along protracted costly legal process, through the neighbours actions?
It makes our property worthless also the neighbours,
Is there any easy way to resolve this issue, the neighbours are stubborn and resorted to lies now,
It seems unbelievable to be put in this situation by no faults of your own,
Is there a simple way to sort this out, the options I have read don't seem practical,
If the solicitor sends a letter I feel it will go on a long time at great cost,
Or do i nothing and let it pan out in time?
Appreciate any advise,
CJD 21/11/2020 at 11:55 am
We live in a one property semi detached house and have particularly bored neighbours who love to comment on everything we do and look for problems. The latest, out of nowhere after 2 years. The two houses are separated by a hedge, which stops ahead of the front doors, meaning that there is an access way between the two houses which has never been an issue and handy for a postman! However, we have recently noticed that our neighbours have started to use our front drive pathway to come in and out of their property. They cross from their front door, onto our side of the hedge and then walk up or down our path to the road/their door. The reason the have just started doing this is because they have (as just a late 50s couple, no kids) bought a 3rd car and their drive way is full)

We bought 2 plant pots to block the space up as we have two young girls who feel uncomfortable seeing a man (who has never been nice to them) walking around outside their playroom window, plus myself as a woman alone on the house, equally, I really don’t like it. However they keep moving our pots to open the access back up.

The deeds from the land registry don’t show this as their path, it’s also in line with our property, so I can’t see why they think this is ok?

Does anyone know of any old reason why a semi detached would have a shared access path of very clearly not in the middle, and on one side?

Thanks in advance.
eggs 03/11/2020 at 9:28 am
We have owned out property for over 25 years and was converted from outbuildings on my parents in laws land which was previously a farm house. our land backs onto the field as obviously the cattle use to use or house which was outbuilding and the gate has always been there. However the farm hasnt been used as a farm for many, many years. Recently a chap has bought the field and has said we are not allowed to use the gate to walk around the field into adjacent woodland. As we have used this for over 25 years do we have any legal rights.
Is 17/10/2020 at 6:55 pm
My neighbour wants to put a wall up on my side of the boundary wall, which will run all the way from the front to the back garden, wants to remove my hedge, which I maintain all the time and never asked him to look after it, my front door is on the left hand side of the house from the front of the house with gates to separate the front of the garden to the back garden between my house and his extension. My question is how much space does he need to leave between the boundary point and can he put a wall up in front of my front door and back door this will also leave me vulnerable to anyone jumping over my gate to the back of the house, The neighbour has an extension up to the boundary (with 12ins between his extension of house wall and the boundary). Can he put a wall up in front of a wall.
Micky 12/10/2020 at 4:18 am
I own a terraced house for 30 years and the right hand side I have a concrete wall maintained by me ,to the left is No 5 and the timber fence always maintained by the previous owners. The new neighbour has been there for almostv5 years and demanded that I share the cost to replace the entire fence after few panels collapsed due to a storm. I informed them that that fence is theirs and I have no intention to pay towards its replacement. Not because I did help them with the cost of replacing 2 panels in the front garden it means I share the rear.
The front panels according to them were damaged by my daughter placing rubbish sack on them which was not true but to keep the peace I paid them£120.00
1- have they got the right to force me to share the cost as they claim it is party wall?

2- What if I do not want a fence at all ,can they legally force me to participate in its replacement cost?
Thank you.
Lilman1988 12/10/2020 at 3:59 am
I live in rented flats been here 10 years never any problem tollmy neighbour put a fence up in back garden and decided to rent the couple that move in decide to take the fence down and re do it coz of bad weather part of it fell but now he has made it 7ft tall it's not safe it's not straight half of it is in my garden and half is in theres is there anything I can do bout it
Hodge 04/10/2020 at 4:19 pm
I had a dispute with neighbour about high shrubs up to 3m high on front garden blocking my daylight seporating our boundarys. I was told by the the owners of the ajoining land council/housing group i can't do nothing about it and if I touch the fence I will be done for criminal damage but I can't do nothing about them erecting fence up on my land ?
Vicstar 21/09/2020 at 8:41 pm
We have a field that runs along the end of our neighbours garden. They have put a gate in the fence at the end of their garden which opens onto our field/land. Is someone allowed to do this if they have no legal right of access to the land? Thanks so much,
Vicki
Stressed 05/09/2020 at 8:49 am
My drive runs down the side of my house to the garage, next doors runs alongside, my drive is about 6” higher than theirs and had edging that borders mine, obviously to stop us driving over the edge and onto next doors, my neighbours want to erect a fence but want to remove the edging (without asking) can they do this? It will make using my drive very difficult
Detached house1 02/09/2020 at 4:52 am
Hi I recently bought my detached house from the council my neighbour has painted my fence and its come onto my side of the fence which looks unsightly unless of course i decide to pain it in a coulour which would be odd so i have deided to remove said fence as its mine anyway he is demandidng i put up a 6 ft fence so he has privacy however mine is a totally detached property and his is an end terrace i also took doen my fence a the bac of the property and he has now encroasched onto my land and had a new fence put up wihout my permission how do i go about removing it ?
chris 01/09/2020 at 4:48 pm
i had a fence put up with concrete post between each panel it was put up on my land one side faces me and the other side faces there garden can they paint it without my permission as i paid for it to have privacy
Jules 17/08/2020 at 2:56 pm
My property is a strange back to front L shape.

Facing the property, the fence in the front garden has two angles on the left hand side. The adjoining property has three angels.

My Deeds do not have an inward facing T on any of the angles in the front garden.

The adjoining property has an inward facing T on one angle of the fence which is on the left hand side of their property.

Does ownership run along the whole length of fencing?
m 12/08/2020 at 4:54 am
my neighbor put up unsightly metal posts on the dividing property line between our lots months ago but never put up actual fencing which he has rolls of laying all over can i make him complete the fence as it is unsightly and his lot looks like a junk yard?
Viv 05/08/2020 at 3:56 pm
Hi can you advise me. My neighbour has taken down a joint boundary hedge and erected a six foot fence but moved the fence onto her land and left me with concrete posts that have been cut down leaving them about a foot sticking up out the ground. She said she had given me more land well 6 inches hardly enough to develop. Is this legal to leave the cut down posts on my land.
Star 24/07/2020 at 3:28 pm
My neighbour has just bought her house off the council and all she has done since is made my life a misery,I bought my house years ago not from the council.I had put a new shed up as it was the boundary she didn’t like that so when it was finished she hung a great big planter on it then she had a new fence and she attached it in front of mine saying the bricks under the concert on my side were hers I’ve been to a lawyer who sent out letters I got the boundaries measured everything was in order but she is a law of her own !! Court is next but she won’t take note
McLovin 07/07/2020 at 9:33 pm
I once had a girlfriend...I rode her bareback....

...she didn't get up the duff...but still wanted me to give her baby money...

...should I stick up a fence and tell her to do one?
jonno147 30/06/2020 at 8:06 am
Kip - I realised the same after posting - Maybe the admins no longer monitor the site and there's no useful means to respond to a particular comment and create a thread! Good Luck :-)
Kip 25/06/2020 at 3:57 pm
Who is it if anyone is going to answer any of the questions/problems on this site?
It seems to me that it's only use is to let off a little steam has anyone ever got an answer?
Oh dear! 23/06/2020 at 6:35 pm
Our neighbours are responsible for the fence. Their fence is in poor condition, and by their garage there is only a very small gap between their garage and the fence. This length of fence from the garage comprises posts and 2 horizontal planks. This construct continues, past their oil tank, to their back garden. Trellis is attached to the sections at the rear. The horizontal planks have rotted away by the oil tank. Last week They have lifted up the fence (- the bases of the posts have rotted -) and moved their fence on to our property to enlarge the gap by the garage. They have wedged concrete and wooden slabs on their side of the fence. The final post by the oil tank is about 3 to 6" out of alignment with the fence at the rear. They are a v. Fit couple, late 70's, but are extremely awkward neighbours. None of their immediate neighbours gets on with them. (He is ex RN so seems to think he can order people around.)Their property was built after ours, abt 2000, and they bought it with this limited access. Had they been more pleasant, we would be obliging, but a number of incidents have left us bearing them no goodwill. We are minded to send them a solicitor's letter. Has any one else any experience of this sort of problem.
Phil 22/06/2020 at 7:00 pm
Our neighbour decided to remove a row of conifer trees from her land and then proceeded to put a fence up on the boundary line even though we are technically responsible for the boundary. She then demanded money for the fence which we said no as money was tight at the time, she is now threatening to remove the fence. Leaving the two gardens exposed to each other. Can she do this?
Jonno147 19/06/2020 at 3:28 pm
Hi all,
When I bought my property, fences existed on 3 sides of my rear garden, which were all different shapes and sizes and didn't offer me any privacy - I see these as the original boundary of my property and I own the land up to the existing fence(s) at that time.
I decided to erect a 6ft wooden around all sides of my rear garden - approximately 6 inches onto my own land (within this boundary) and checked with all the neighbours they were ok with this. And they were.
6 years later, one of the properties was sold on. The new owners have since removed their rear fence, decided to paint the back of my 6ft wooden fence and remove the cat spikes attached to the top of the fence.
I spoke with them nicely (while they were busy painting my fence) and explained this was my fence and they were not allowed to paint it or alter it without my permission. To confirm: I spoke kindly with them. After being called an abusive name, they said if I was to re-attach the fence spike they would remove them - they have 4 cats and I was not allowed to attach these to a boundary fence - it's against the law - they said!! Cats seem to use my raised flower / veg patches as a toilet and that is the reason I attached the spike (years before the new neighbours moved in).
Any advice would be appreciated.
damo 19/06/2020 at 12:02 pm
i live in a council house and have paid and put up all the surrounding fencing in my back garden which is inside the boundary as when i put this up my neighbour took their fence down which was on the boundary,my neighbour is wanting to paint the side of the fence that faces their garden, but i don't them to as they haven't contributed to the fence.

what rights do i have if any to not allow them to paint
Doggymum 04/06/2020 at 11:58 am
We moved into a detatched house and realised after we had moved in that we couldn’t access one side of our house. The neighbour has a fence attached to our garage which is quite new. It looks to us like the neighbour has moved the fence line and taken some shared land. She maintains that the fence was there when she moved in several years ago, but a man that came to quote us for a new fence on the other side, says it is around 3 years old due to its colour. And the old fence post holders that are in our garden, he says, shows it was at a different angle and that it is illegal to attach her fence to our garage. She actually ran back into her house when she neared my husband querying it. We think that she has taken the no mans land between the hoses that should be used to access our property. Can we tell her to remove her fence from our garage at the very least?
Mel 31/05/2020 at 6:15 pm
I'm wanting to put fencing up on the right hand side of my garden there are concrete post and wire fencing between me and my neighbour she said the concrete post are the boundary and I'm not allowed to take them out is this correct
Trine 30/05/2020 at 8:53 am
Hi I live in a purpose built flat, the house next to me has a fence with slats in it so it means they can see in to my bedroom and kitchen. I have no privacy at all, should it not be a complete fence.? They rent like I do, can I complain to there landlord as I don’t feel I can go into my garden without them always looking over, any advice would be great.
Archie 30/05/2020 at 8:16 am
hi my neighbours patio is raised and for us to put fencing it would need to be more than 6ft as they would still be head and shoulders above our fence which gives us no privacy are we allowed to put it higher in order tohave privacy.
San
Jen 29/05/2020 at 11:18 pm
I live in a detached house which I’m renting. The right side of my garden I have my kitchen window and garden door. Now when I open my garden door I’ve got my neighbor’s garden door and what separates us is literally one meter ground and one meter high concrete fence. Basically when I open my door he’s literally in my face. He can see everything from my kitchen window. I find it very frustrating as I feel I don’t have privacy at all.. can’t even leave the garden door open in this hot weather as I can see him poking inside. I’ve put a 6 ft plastic garden wardrobe by my kitchen window to block a bit the view and he complains that I block his light and that I’m gonna ruin the wall with damp which is nonsense. All of this so he can keep looking. My daughter is a teenager now and wants to sunbath in the garden but he keeps going out annoying her and feels intimidated. So I asked my landlord if I can make a fence with my own expense to have more privacy and he said by all means do what you like your side of the fence is yours. Can he cause me trouble by law if I attach wooden fence on my side of the wall of course not more then 6 feet tall. I have to state that there is no way I will be blocking the light cause the sun rises from the end of the garden not from the side and on top of my kitchen there is a bedroom and an attic so there is no way my fence will be blocking any light more then it already is. I really need privacy cause he is getting on my nerves.
Ruhela 29/05/2020 at 10:15 pm
Hi my took the wire fencing off with out my consent n she had wooden fence n has come over my land n now i have told her ahe agreed she has come over the line and when i said i wil be have new fencing done n wil put it right she is saying i cant do it is there anything i can do please
Michi 22/05/2020 at 10:43 pm
We moved in in 1995. One neighbour had problem on both sides. constant harassment false reporting to the council /police - Council and police had to go away as it was false anyway. Dogs without leash fowling the lawn and we live in reasonably well to do area.
The fence was put by the neighbour in 1995 [25 years ago] and now she is claiming the land on my side. In Nov. we replaced the fence I paid for it . Suddenly she is bare sake, removed the fence put on my side replaced the fence but taking 2 ft of my land. Police soy it is civil matter. Council does not want to know and it is nightmare. I am 75 live on my own with heart attack and sleepless. Land registry plans show she has no right on my side of the land. [she had also extended her garden at the back nearly 20 ft in woodlands and was accusing me gaining the land- which is not true. Stole my plants and stuff from garden when I was working. End of tether Now I had to get my solicitor involved. worried about the expenses. Two letters from the solicitor- but doe not give fig.
any advice. I don't like altercation
jls 18/05/2020 at 6:40 pm
I need to replace a wall in my garden that is falling down and because of cost i have decided to replace it with a fence.
I would like to put up a 6ft fence on my side but my neighbours garden drops by 3ft on the other side.
Am i allowed to do this or does it have to be 6ft to them?
Rosie 08/05/2020 at 11:01 pm
Hi there.
Our new neighbour who moved in not long ago, removed his boundry fence facing the back alley which runs along 3 terraced houses. They all have a fence and gate towards the alleyway. So our neighbour, to make his garden bigger, removed his fence and put a bolted gate into the alleyway as his new protection gate. As we the end terraced, we have a right of way but the alleyway belongs to the other 3 houses. Since the built of these houses, all houses have a fence and gate, keeping the alleyway private. Now by removing their fence, we have to cross over their garden which is uncomfortable as they are very nosy and very rude people. Are they allowed to take it down even if in the deeds it states they have to maintain it?
Terry 25/04/2020 at 3:27 pm
Hi
My brother is concerned about his next door neighbour who is going to extend his decking right up to my brothers boundary fence and has already had a load of decking delivered and plenty of cement and at present their decking is quite large and my neighbour and his neighbour attached to the same house is a bouncer and they are conspiring together and talking about extending their decking right up to my brothers boundary fence and they are already looking over at him from where the decking is now and when they are looking over now you can see the top half of them and to their waists when they are peering over the fence looking at his garden and him to, so is there a law against neighbours like this, the neighbours garden is on a higher level than my brothers aswell so can someone advise me on this matter please.
jules 20/04/2020 at 9:45 am
Hi

l am looking for some advise for my Friend, their neighbour purchased their house about 1-2 year ago and the back garden fence posts and fencing is in his garden and he has tried speaking to the neighbour about moving the fence but the neighbour has said that they are no moving it and basically the fence will be staying where it is, how can my friend resolve this or can he remove the fence as this is in his garden and on his boundary
Vinny 14/04/2020 at 1:38 pm
Our neighbours have replaced some fencing as its their border.However, they have put the bestside to themselves (facing inwards) I thought if it was their border they should put the fence facing outwards so the I get the best side.Then each neighbour has a best side and their own border side. So I have a good side from my neighbour but the I have to put my border fencing facing outwards. The thing that annoys me is Ive done right by my neighbours and the next door but 1 has done the right thing so the middle neighbour has ended up with two best sides and ive got 2 inward sides. On top of that they have added extra posts so I have 11 posts on 1 side whereas before there was only 5. Is there any law about this.I thought the whole purpose of facing your fencing outwards shows its your border.Any advice would be much appreciated.I have spoken to them and they said the posts are theirs so I can not touch them even if they are on my side because they are on the boundary line.
Moo 10/04/2020 at 5:38 pm
When we purchased our house there was no boundary fence between myself & my next door neighbours, they have erected a fence which gives a gap of 35.5 inches between my front entrance & the boundary fence. Is this a legal. As it limits our access considerably.
Di 19/03/2020 at 2:42 pm
My neighbour died about 3 years ago and I do not have contacts of his representatives. During the recent storms the fence surrounding his land and shared parking area has blown down. I have checked my deeds and I believe the fence is not my responsibility. I have posted a note through the door but there has not been any action taken. What do I do now?
geco 15/03/2020 at 12:22 pm
I shared the cost of the boundary fence on my neighbour's boundary as he told me that it was a shared boundary. I later found out there are 'T' marks on his deeds so it should have been purely his boundary. He has had his garden landscaped and many trees and shrubs planted. They are all wired back to the shared fencing arris rails. He has pyracantha that is roughly four metres high also attached to the fencing. I wrote to him two years ago asking him to remove all the attachments as the trees and shrubs could damage the fencing. He ignored my request.During the January gales this year one of the concrete posts has been pulled over by half a metre and cracked that post and another one near ground level. Is my neighbour responsible for the damage which can be seen from my side but not his as his tall pyracantha is covering it?
Veebs 09/03/2020 at 6:55 pm
Hello. I’d be grateful for any advice. I was attempting to trim my hedge today when my neighbour demanded that I stop and has claimed that the hedge is now legally half theirs. The hedge does not show on the land registry but the name of my house does appear on the name of their garden. They have never previously maintained the hedge.

Because we are now on the market to sell, the neighbour gleefully told me that they have put in a dispute to prevent me selling and also claim that they want the hedge to grow nice and high, despite flaying the hedge far too far back only 4/5 months ago. The hedge that they claim is now only self seeded Ash trees that aren’t part of the hedge. Can anyone provide any advice please?
Lainey 23/02/2020 at 8:07 am
Our neighbours have replaced some fencing as its their border. However, they have put the bestside to themselves (facing inwards) I thought if it was their border they should put the fence facing outwards so the I get the best side. Then each neighbour has a best side and their own border side. So I have a good side from my neighbour but the I have to put my border fencing facing outwards. The thing that annoys me is Ive done right by my neighbours and the next door but 1 has done the right thing so the middle neighbour has ended up with two best sides and ive got 2 inward sides. Is there any law about this. I thought the whole purpose of facing your fencing outwards shows its your border. Any advice would be much appreciated. Sorry if ive babbled but sue you will get my drift
Mc Call 22/02/2020 at 5:04 pm
I live in a detatched bungalow the boundary of which is to the north -at the back with a high hedge of conifers bordering the cricket club, and the west which is mostly panel fencing. I have maintained these two borders at not insignificant cost for the past 13 years. my neighbour on the other side -whom I get on well with, has a large hedge, 16 feet high which she had never cut. At the back she had a row of 6ft fence panels.
I asked if I could cut the hedge at the front she said fine -even recommended someone.
Then in the recent storm all her fence panels blew down. I went to tell her and ask if the guy who was going to ment MY fence panels on my side, could give her a quote.
She insisted it wasn't her fence and that the previous owner had put up both the fence (with the posts on her side) and also had planted the hedge (whose roots are in her garden, bordering my tar mac drive)
I have now cut 8 feet off the hedge and paid £250, repaired my fence -for £120, but am I also now responsible for removing her broken fence and building another one?
I did get my solicitor to send me a copy of my lease, with my boundary, west and south, outlined in red and gave it to her -but only now does she tell me the previous owner built and planted all her fencing. Where do I stand?
Mal 22/02/2020 at 12:50 pm
The fence at the rear of my garden belongs to the neighbouring property to rear. Neighbour recently removed ivy from top which has revealed a row of concrete posts of the type through which was originally passed a wire probably to secure a chain link fence between us. Currently there is a wooden feathered type fence which is secured to the posts by strapping the wooden cross members to the face of the concrete posts on what appears to be on my side which means the fence is approximately 3 inches on my side.
Am I correct in thinking that the face of the concrete posts represents the boundary and that anything attached is on my property.
The fence was in place when I purchased my house some 30 years ago and I know that my neighbour did not erect the fence as he moved in not long after me, so does the 12 year rule come into play when I could not see the posts because they are completely covered and I would have had to lean over the fence which is approximately 6ft. 6inches high?
Futterfly 20/02/2020 at 1:11 am
My neighbour built an oversize extension And wall which has encroach on my side of the boundary by 10cm, we share a semi detached bungalow. They also took down the hedge without my permission There is no gutterIng or soakaway. Between the property. The rain water pouring from their new upper extension, is draining on my side, causing damp and an eye sore of a dirty wall. They said they would fix the problem but have not done so yet Iv spent hundreds trying to resolve this as the neighbours is not cooperating now I have consulted a solicitor. and they are not responding to the solicitors letters. This has being going on for 4 years, in the meantime , with so much rain, there is water everywhere and going nowhere and causing more damage. I can’t understand how they are behaving. The problems began 1year after I moved into the property. How is this fair? No law to prevent these things happening.
Jellymommy 16/02/2020 at 3:07 pm
I live in a semidetach house but my side is private and my neighbours are council buying with morgage. The panels on my right side are falling in bits.I have bought a few just to cover a bit the house,because this peple are always checking on us, when I go out I see almost always someone there looking thogh the holes or broken fences.I have had a lot of problems withthem so it's very difficult to have a civilised conversation with them,they drink a lot and smoke Marihuana in garden and sometimes they put music very loud.so don't know what to do if I buy all his going nuts of happiness because they dont spend a penny.
Chippy 04/02/2020 at 4:38 pm
Hello
My new neighbour would like to replace the fence between our two properties which I am responsible for.
He has dogs and would like to make his garden dog proof by replacing the all wooden fence with concrete posts and concrete gravel boards then aris rails and feather edge boards he has agreed to pay the cost of the fence and I am more than happy for him to do so( obviously)
However the existing fence is hampered by trees that have grown over the years and also the concrete in the ground which hold the existing posts.
We have agreed that the sensible thing to do is to move the fence a few feet onto my property.
This is were the problems begin, he wants to get solicitors involved and I’m quite happy just to move the fence and have done with it provided we both sign an agreement saying so.
How complicated and costly will it be and because I have a mortgage do they need to be advised.
I do hope you can help pointing me in the right direction
Many thanks.
JellyBelly 28/10/2019 at 11:50 am
At some point within the last 10 -15 years a next door neighbour has built a wall in our garden which has reduced the original size by about one third. We only became aware of this recently when one of the flat owners wanted to landscape the garden which admittedly, until now has been neglected. How do we begin to tackle this problem as it is pretty clear this is theft of our land?
Lorac 23/10/2019 at 11:57 pm
We own an apartment within a hall of residences with the fire hydrant sited underneath our hedge and difficult to access. We would like to relocate it for ease of access and not cut our hedge down but the management company (all property shareholders-1) insist we do. They say it is our hydrant but they are responsible for ‘connecting media’ ie pipes, mains, water etc... and then ‘walls fences hedges ...within or on the boundaries of the Amenity Property except such walls fences or hedges the liability for which is the responsibility of any third party.’
Are they within the law to cut our hedge without our permission to access the hydrant for insurance purposes. Please help.
Chris 15/10/2019 at 4:00 am
Our title plan shows a gap between our garage/ back sitting room. Our house is not built up to the boundary.
We were told when we moved in by someone who did a 20 minute site inspection that although there was a pathway between our garage and the next doors house they owned more of the pathway and we owned about the width of our gutters. We had a path the other side so we weren’t bothered.
Given ours gutters they deviated a bit over 30ft no exact measurement was added to his report. The report must have been very informal as we weren’t shown it for 6 years and the author didn’t sign it. No exact measurements were stated only a range or about x inches . It was very vague but his line drawing was more helpful. We were eventually asked if we agreed with this report when the house next door was being sold. We wrote a memo describing the line drawing was satisfactory.

Our new neighbour has always been very difficult and after many years has threatened us with court as he is insisting the approx measurement of our gutters stated in the report are exact and the 3 inch land under our gutters is no longer ours . This means our 3 inch drive edging which starts under our gutters running 27ft to the front is n’t ours either.
He insists the drive edging that was originally built 65 years which was 25 years before his house was built ; rebuilt by us when the roots of his tree destroyed it is now his.
He demands the trellis we have erected on this drive edging is removed as we didn’t ask permission. We think his claim is totally without foundation and no court is going to award the land under our gutters and the drive edging we rebuilt 15 years ago is his.
But our worry is he has a solicitor that is writing the threatening letters to us so surely must be.ieve he has a chance.
Vee 11/10/2019 at 5:19 pm
Our neighbours house is listed , the old chalk cob Thatched wall is adjoined to their house and runs along to corner of rear of their garden .
They had Cottage Thatched but despite wall thatch needing replacing they didn’t do it, they assume it’s a party wall but it’s not attached at all to our property.
However, it does need attention as crumbling in places and thatch too low overhang on our side and causes problems to us as painful if head gets scrapped by thatch wire, the thatch is deteriorating and going thin and green and an eyesore to our patio near it.
TVBC think it’s definitely their wall as it’s probably listed along with their cottage.
We are Thatched but not listed .
Govt Property Register have no record of boundary , very old properties, only the usual red lines which neighbours assume means we both maintain it as shared wall.
As it’s not in any way attached to our property we don’t agree .
They don’t appear to know much at all about Listed Building law etc so it looks like we may have to engage a RICS Surveyor to determine the ownership and responsibilities to maintain it .
We have tried to explain this but they don’t seem to grasp the implications, should they or ourselves wish to sell in the near future .
Where do we go from here ?
confused 08/10/2019 at 5:28 am
My neighbour's hedge is knocking down a boundary fence which has been placed (by a previous owner) well on my side of the boundary.
Several years ago I explained to my neighbour that his hedge and roots were damaging the fence, for which I am responsible, and asked him to clear the hedge from the fence. His response was "I am not moving a hedge for four inches". I am now having to brace my fence with three substantial timbers as the hedge continues to grow and damage the fence. I have again asked the neighbour to remedy the problem and his illogical response is that I can take down the fence and reinstate it on the actual boundary. This would be impossible without taking out his hedge.
Does anyone have any suggestions or know the law on this matter.
K 07/10/2019 at 1:41 pm
Please advise. I live in a semi-detached house that is owned by my local council. Myself and my family have been tenants since 2012. Not long after moving in
we purchased and erected wooden fence panels and concrete posts. These were erected between our house and our neighbours house for securing our garden,so that our dogs could not get out. I must point out that the fence is on our garden running parallel to the boundary line but not on the boundary line. When we moved into the property there was no fence between the properties at all,but there was (and still are) two of the original boundary fence posts,one being at the very front of the property and the other at the very rear. Originally there were small concrete posts with a wire fence between the properties which over the years had been removed prior to our tenancy. When installing my fence and posts I used the original posts as markers as to where i needed to put my posts while all the time making sure that they were on my own garden and not on the boundary. Now after having problems with my neighbours they have been in contact with my landlords (local council). The council have now contacted me and told me that i am no longer able to maintain or repair the fence as it does not belong to me,which is quite obviously not the case as I purchased it and still have the receipt stating that. Now my neighbours have attached lights to the fence without my permission. The local council have told me that they do not want to get involved with it. I am at a loss as to what I should do next. I feel that it is wrong and illegal for the council to give my property to my neighbours which to me seems like theft.
Joseph Parsons 05/10/2019 at 11:07 am
My deeds show that I own the fence between me and the neighbours. We have both been here 10 years and I wanted to replace the fence. The problem is that my posts are on the neighbours side and he has told me i can only put up a fence on the posts facing me, as he owns the land between the posts so i cannot drop in panels that screw into the side of the posts.
Tilly 29/09/2019 at 4:07 pm
Purchased my house and when I moved in was told that my neighbour had purchased a piece of land by my garage from a previous owner. Nothing has been registered with the land registry. The neighbour has admitted that yes her husband bought it but will not produce paperwork. She told me she would ask my seller if she still had a copy of the letter. The neighbour came back to me to say my seller told her she had destroyed all her paperwork. The seller never mentioned changes to the boundaries and on the same form said that she knew no reasons for any disputes with the neighbours. I have now had to instruct a lawyer to request her paperwork to establish who she bought the land from. My seller was in the property for 30 years. What happens if she can’t produce the paperwork, and if she does produce it and it’s my seller that she purchased it from can I claim against my seller for lying on the documents. The seller also told me she was going to leave the fridge on the forms and then took it refused to pay compensation, also did not clear drainage pipes of asbestos, I had to pay for them to be removed.
Kieran 18/09/2019 at 4:36 pm
My neighbour recently built a large shed in his rear garden bordering my garden. There is a 220 mm thick block wall forming the party wall between us. He used the boundary wall, without consulting me, as a scaffold to put the steel roof panels into place on the side of the pitched roof shed next to my garden . When he had finished the shed I noticed that during heavy rain the runoff from the roof of the shed actually deposited rainwater into my garden. I complained to Kilkenny CC about this. Sime months later he returned to the shed and fitter a gutter to the side of the shed next to my property using the party wall as a scaffold while he did it. The gutter he fitted overhangs the party wall by an average of 140mm and when it rained heavily it stained the party wall on my side. I complained to KCC further about this. Some months later he came back to the shed and changed the slope of the gutter and fitted a downpipe so the rainwater now exits into some waste land beyond the end boundary wall. I have asked KCC to issue an enforcement order against him to remove the shed. They are considering it but have not given me any answer as yet. Have I got a good case in asking for its removal ?
Nicki 05/09/2019 at 7:39 am
My mum and sister live next door to each other and when my dad was alive he agreed to them putting a gate into the fence so they could gain access to my mums garden, my dad recently passed away and there has been a big fall out. Now my sister is in the process of selling her house and my mu. Doeant was strangers walking through her back garden can any one help. We have tried to talk but they wont
Millrace 14/08/2019 at 5:52 pm
Just having purchased an end terrace . I own the right of way there a covenant of easement with regard to 3 houses to my left . The right of way runs from the right hand of my drive to the in straight line to the border at the back then goes behind my neighbours rear gardens which is fine . Their access was known to me when i purchased the house. While i was on holiday the neighbour to the right put a gateway onto my property hinges on my side so gate swings over my side . I asked why she had put the gate in ,as it was my land . She replied " its my fence can as i like with " asked what she was going to use it for replied " its non of your business. Legally what am i allowed to do with the gate .
Paulwt 09/08/2019 at 7:58 pm
I have moved into a semi detached house and recently discovered my neighbours patio that he built some 25 years ago encoaches onto my land by 12 inches. I am building a patio to the same height. Am I within my rights to reclaim the boundary line the previous owner and my neighbour have never notified the land register office of any changes.
Ellie 17/07/2019 at 12:21 pm
We live in a twitten (alleyway) and consists of four 200 year old cottages. Facing the twitten from our cottages is a 10 foot wall that was built at the end of the garden of the main property in front of us. It was in bad condition, dirty and rusty motorbikes etc. lodged against it.
In the recent years we (all of the cottage owners) have painted the wall and now have plants in pots along the twitten in front of our cottages and also along the base of the wall. We also have some hanging baskets which are nailed to our facing side of the wall. The owner of the wall does not come to the property anymore due to ill health but he liked what we had done with the plants the last time we saw him. He has a man who does odd jobs in his house and who has threatened us with "I am going to rip off your flowers etc. and that we have no right to put anything on or against his side of the wall." It has become rather nasty and threatening due to our removing ivy that came from the garden and grew up a telephone pole in the twitten and BT told us that the ivy had to be removed - which we did but since then we have had so many nasty confrontations etc. Can you please advise us as we are pensioners and feel a bit anxious over his behaviour including shouting etc.
Max 10/07/2019 at 8:11 pm
Hi
I have an house which is joined by neighbour however my neighbour says I cannot leave my car on my drive as he has the right to use my drive to take out his bins we have the drive which is just on our side he says this is on his deeds we have looked into this however this is not on the land registry is this legal
Angela 05/07/2019 at 1:12 pm
Hi. My house was split in the '70s to form two properties and this along with property boundaries are clearly recorded by land registry. There is a third property (detached) adjoining ours that was part of the original 'farm' area. Our registry documents show the adjoining boundary line with the third property but there are no land registry documents available for the third property as the house has been in the same family for many years. The third property is tenanted with the elderly owner living in another county. The person ‘purporting’ to be authorized to manage the owners' affairs has commissioned a boundary assessment with the intention of disputing positions of current fencing. Our registry documents, during conveyancing, are clear on the boundaries. The previous owner left his conveyancing documents with us (he had lived in our property for 20 years) and these documents clearly show the boundary for our property as it is today. How many years must a boundary be in place in the UK before a landowner can reclaim land? I believe that the boundaries are as they were when the land around the now three properties were distributed (when the farm was split up). Where do I and my attached neighbor stand if the third property has no public records for us to view to establish if the boundary survey commissioned by the owner is accurate as there is no reference point from which to argue the position other than our registry documents? Thanks for your help with this
MARY 26/06/2019 at 9:39 am
We brought a new build detached house 10 months ago, all in sudden my neighbour moved his back garden gate forward stopping my access to other side of my house and putting all his rubbish towards my house wall causing unpleasant look and closing my vent. When we brought the house estate agent sated that whatever space come after footpath belongs to you. But we noticed when we received the land registry it looks belong to them. there is no space between our house wall and the land between my house wall and footpath. My question is are they allowed to move gate forward stopping my access to other side of house , my bathroom window open to that side also. this is our dream home and ended up like this. Estate agent ignoring the fact that space between by wall and footpath.Where can I get some help to sort out this problem please?
Marnie 26/06/2019 at 4:47 am
Hi just want to ask we have a shared pathway with fence each of us at our backyard and it was at both boundaries and we use that for more than 10 yrs but my neighbour close their door going to the shared pathway and instead they used their back for entrance in their driveway and house but a new owner want to move their fence at the boundaries of the shared pathway are they allowed to do that ?
dirtyrotten 25/06/2019 at 7:24 pm
my mum had to erect a fence from the centre of the two properties losing six inches the people who lived there said you cannot put the fence in the centre of the drive my mum has lost 6 inches erecting a fence due to there drive being higher the neighbours have screwed a fence into one of our concrete posts I know it is not right have I got the authority to cut the screws that is holding their fence we have 6ft 3ln on our side they have 6ft 9in on theirs my mum has lived there snide the houses were built in 1972 the neighbours had a dropped curb and said if you want to erect a fence it will be on your side so we have a boundary fence they have no rights to hold a fence screwed into our concrete posts am I right
hazy 15/06/2019 at 3:27 pm
I am selling my house and about 14 years ago my neighbour got a conservatory and asked me if she could take 10ins of my decking as she was to close. I had no problem with this .my neighbour has since moved and never gave any information to the new buyer.I have no problem with my new neighbours but i would like to no if my selling my property will not affect them as it was done alot of years ago
Moo 12/06/2019 at 3:00 pm
My neighbours have nailed new slats onto our boundary fence on top of the original slats which are 2m high being 20cm higher than the previous slats and the posts which are 1.8m. Is this deemed to be outwith the parmeteres of blending in with the existing fence? I am also concrened about the weight the posts will now burden from the additional slats. My view is now very unsightly from my garden. What are my legal rights?
Becky 11/06/2019 at 7:06 pm
Hi, by law is there a required distance that has to be kept between a neighbours back door and my boundry fence?
Thanks
Milster 31/05/2019 at 10:24 pm
i want to build a 3 ft fence my side of a boundary line separating my neighbors garden with my driveway. The reason behind the request is to stop children from running across my drive. The neighbiur has declined and has advised it is illegal and that due to the estate being open plan it cannot be actioned. Can someone advise me ?
Caz 30/05/2019 at 9:17 am
Hi my neighbours have put a new 6ft fence they did ask me if I wanted to keep my side of the panelled fence I said yes as this forms the back drop to my late mums memorial garden and would also leave a space between my decking and their new fence making it some what unsafe. The fence has gone up and there is a gap between my fence and their new fence as she says she has lost 6 inches I have asked her how she plans to maintain the piece of land which is still technically part of her garden and the fence as again this is technically only in her garden and not mine. Where do I stand she is avoiding answering me. PS the fence only went up on Tuesday and as we used to be good friends I am finding this all rather upsetting but don't want to be taken for a fool either :(
Bear 12/05/2019 at 2:38 pm
My neighbours are lovely -moved across the road to a bigger house- they are renting the house next door to me for the time being. Their front garden and mine share a lawn. I spoke to them saying would they mind if I put up a small fence only 3ft that was ok with them. I also said as they weren't living there I would cover the cost . It is a smooth natural wood , posts and wood with knobs on each posts . My house Windows etc are all white my front door is midnight blue. My house is the end town house one of 5, their house is a detached also white with a midnight blue door. They know I am painting the fence blue . I just want to know what my legal rights are , as I have paid for the fence and it probably approx 2/3 inches over on my size of the existing lawn which I am replacing with a landscaped slate and gravel plus evergreen shrubs .
Can I paint both sides of the fence blue , I have asked do they want me to paint their plank fence that ajoins my gate , set back at the side of our two houses , they said because they have another gate at the other side of their house, it's ok just leave that because it matches the gate at the other side of their house. They know I am painting the fence blue . They didn't say they didn't want their side blue, and I know they want to keep their fence just stained.
Can I legally because I own the fence paint both side blue . Very dark blue to match the doors .
It wouldn't look right different one side because of the knobs on the post couldn't be half and half. They are not living there. We spoke very amicably regarding everything , see them most days , just want know my rights .
None 28/03/2019 at 11:50 pm
My parents neighbours have put a 6 ft 6 fence up (12 panels - 3ft width panels long) and painted both sides of the fence red/ orange (on the side facing my parents garden). So my parents get to look at this colour from their side of the garden. We would like to paint my parents side oak brown a more natural colour. The fence has been built on the boundary line with posts sitting on the boundary line between both gardens. Please can you clarify the uk legal position? Many thanks.
Jeffers 03/03/2019 at 3:13 pm
I want to extend our kitchen at the back of the house roughly 2x3m. To follow on an existing extension of the lounge, thus running the full length of the back of the house. We will be taking the flat roof off the existing extension and have it pitched with the new kitchen extension. Having had a few builders round to quote, they have said they will need the neighbours fence panel down to build the wall. When we moved in in 2000 she accused my children of setting of her burglar alarm, they were aged 4,6,8. and threatened to call the police as my children were unruly according to her. She has also made it clear the fence is hers even though the posts sit on our property by about a brick length. She pushes large stones under her fence into our garden in the summer of which we push them back. She is not the easiest neighbour but we have held the peace. We desperately want the kitchen done but we feel she is going to say know or at the least say yes then change her mind when the build gets underway. How do we stand on this matter.
Sheila 10/02/2019 at 10:12 pm
I recently replaced a fence using the same fence line that has been in existence since occupying my property nearly 40 years ago. However, for some reason that I do not understand, my neighbours are accusing me of trespass saying that the fence has been erected on their land. We're talking about 6 inches here so even if they were right they wouldn't be able to do much with it. I've received a nasty letter from their solicitor which is full of lies telling me to move my fence otherwise they'll take legal proceedings. I'm sure they're doing it out of spite because I didn't ask the fence company that they recommended to put up my fence. I've always had a good relationship with all of my previous neighbours and there has been no other dispute over the common boundary that we share. It's all so petty.
Hud 20/01/2019 at 8:05 pm
My Neighbour is building an extension which was approved.
He took down the boundary fence so the wall will be the boudry. I was against it but i decided Let it go, it has now been 3 months and no wall built.
It's beginning to feel my garden is part of a building site, no idea when the wall will be built. Do I have a legal right to urge him to either build the wall now or a fence has to go up?
How long before I can challenge him.

Regards
Huda
Chris 20/11/2018 at 11:59 am
Our drive is owned by us and our neighbour has right of way over it. My neighbour is installing a new drive adjacent to ours, which he has plenty of room, however the road frontage on his deeds states 25' but he can only get this measurement if he encroaches on our existing drive by approx 2', which will restrict our access.
We have both used the existing drive, for over 21 years and he actually tarmac the drive to the current width - there are no measurements for the original drive on any deeds but it measures approx 12'
He will need to have new deeds drawn up so we have asked if we could compromise in order that we are both happy with the access.
As yet he has not replied
Any advice would be appreciated

Chris
Hardysmart 26/10/2018 at 6:30 pm
We live in a new build property and our garage form part of the boundary that sepearates is from the people behind us. The soffits/fascias/guttering to our garage is technically over their garden. Last week I noticed the back of the garage was lit up I just figured that they had put in garden lights, then I noticed electric cables poking up in the garage and upon further inspection it seems that they have cut holes in the soffits/fascias of our garage and wired in spotlights that is linked to their electricity supply. They have not asked us for permisson to do this and I am very concerned that we have someone elses electrical work running in the garage without any fireproofing etc. Can we just remove the cable and lights and cover up the holes in the soffits/fascia?
Steve 25/10/2018 at 2:11 pm
Hi, I live in a semi-detached Bungalow with a Conservatory on the back, to the left the adjoining Bungalow owns the fence between us and also has a Conservatory which like mine is very close to the fence, we have had some serious leaks which we have got the workman back to fix, the problem is there is no room between the fence and the Conservatory to put a ladder so they had for a brief time to stand on the fence to fix the leak they were told by my neighbour to not to stand on her fence even though I did ask the day before there would be some disruption but she is adament! So as the leaks need doing is there anyway around this or the law on her side as she owns the fence?

Thank Steve
John 24/10/2018 at 9:20 am
I have a property at the end of a residential close and have a driveway that runs separate and parallel to my immediate neighbour. My neighbour has extended his front porch to the point where it obstructs vehicular access to his own garage and insists on driving across our drive without permission. Since we have taken active measures to prevent him driving across our property, he has become abusive and prone to making constant foundation less petty complaints. In order to provide a separating barrier to remove all ambiguity, I intend to extend my front fence line along my drive to the point where it meets the pavement/walk way. I anticipate resistance from my neighbour so wonder where I stand on the matter?
Jock 18/10/2018 at 10:21 am
Boundary fence was on my property, my intention was to replace this with new. At the time my neighbour was okay about this, then he told me that he had a rockery on the fence which encroached the boundary. We agreed to get quotes for his side of the removal and then asked me if I was prepared to pay for half the cost of removing his rockery, no was my reply. He has gone ahead with the work on his side but removed three panels and a fence post from my garden and in doing so has dislodged my patio slabs. The cost of the repairs are approximately £3,000 to £4,000, what are my rights.
Marah 08/10/2018 at 5:03 am
Please advise.
My house is a semidetached.
Recently, my next door neighbour put a new fences in the back garden from the end of their kitchen extension to the end of their garden.
I believe the built has encroached upon my land as the fences are standing 15 inches inside my back garden.
15 inches is the width of the gap from the end of our party wall to the new fences.
To make matter worse, the builder who erected those fences damage the guttering on my conservatory.
I have spoken in person to the neighbour about the fence and they are adamant they are in the right and will not do anything about the fences.
Kate 04/10/2018 at 9:26 pm
We bought our house 11 years ago and was told by the neighbour it was a shared drive, as our house had double gates and theirs had a single gate, the previous owner always parked in front of the double gates, which we also started to do. However in the last few weeks we have had builders in replacing our kitchen and this has obviously upset the neighbours Nd they have told us we can no longer park their.
Unfortunately there is no way too resolve this with the neighbours, our question is, the boundary line in the title plans show the dotted line leading to the footpath, can we erect a fence to separate the two drives?
Dotty 02/10/2018 at 4:51 pm
I built a one meter high wall , after getting verbal agreement with my neighbour, in between our drives. The wall is in accordance to my land registry map . Gave him 3 week’s notice before starting work. Once work was completed he was unhappy but let matters rest. He approached me yesterday asking if he can build a pillar which rests on my wall . Telling me his builders are waiting outside and he needs an answer straight away. I said no - telling him neither of us will be able to make any changes in the future if we need to and he can build his pillar touching my wall. He was very cross - where do I stand ?
Dhan 01/10/2018 at 7:39 pm
Hi my neighbour has built fence keeping some gap from original boundaries.There are concrete wall with wire net old fence as a old boundary,the problem is he is keeping all the junk Wooden pieces in the gap that is making my sights looking disgusting I was wondering if he is allowed to do that legally despite the space is belonging to him .Thank you..
dogsallowed 17/09/2018 at 8:05 pm
After inheriting the house next door the son and daughter started renovating it, puilled down the 25ft leylandi (and my fence), said they'd replace said fence at no cost to me and are now selling the house (a year later) and when I asked when the fence was going up they said they'd changed their minds. They have taken the leylandi down, they did this ages ago, it was dead anyway. I refuse to pay for a fence as they destroyed it. Am I legally obliged to put up a fence or will plants or a ditch suffice. Where do I stand when the house is sold if I get neighbours who say its up to me to put a fence up as its on my side, (my left when I'm in front of the house). Should I let the Estate Agent know of this? Many thanks for any help anyone can ofer.
Caz 30/08/2018 at 6:52 pm
The driveway fence between our two homes was built and paid for by ourselves it is left hand facing from the road and we have always maintained it, the new neighbours have now painted one part and left a mess where the paint has run down the inside and now they have pinned a brush type of screen to the several other sections, the fence was set at a height to insure privacy to both front doors and to allow the light in now we look out onto this screen which is higher than our fence can they really do that without asking us and can we have it removed
Lisa 20/08/2018 at 9:12 am
My neighbour has built a brick boundary wall before I moved into my property. The wall is 6ft high and is not fully built on his own land. the brickwork is part on my land which is evident when looking at the party wall line of the rear elevation of the house.. The neighbour has told me I cannot touch the wall on my side not even a nail or screw.

What are my rights to use the wall on my side, is there anything I can do.
Jim 16/08/2018 at 6:05 am
Hi if anyone can give me some advise please I purchased my house couple years ago no problem all really nice neighbours but there is a fence separating mine and what was the lady next doors drive, this was never a problem until she has now passed away and her family who do not live round here have sold the house, the people buying the house have already been telling the street they plan on building on the drive, this does not bother me the problem is they believe the fence is in the wrong place and have told me when they buy the house they are having it moved! To give them more room to build! I have now had a slight argument about this because I have looked into it and the fence was originally put up in 1984 when the house was built and because it had been there that many years I don’t care what the os maps say my house and previous owners have maintained the fence and use the drive every day! ( moving it will stop me using my drive it’s already a tight fit) and I should also add it is about 1 foot different to the os map not alot!. Now am I right in telling him no he cannot touch the fence I purchased my house knowing that’s the boundary and he has not even purchased his and can see where the fence is! It does not say in any paper work by land registry that either of us own it just that they should be treated as party walls and maintained so this is what I have done thanks.
ProblemNeighbours Editor 10/08/2018 at 11:25 am
Talk to your neighbour, ask them why they have encroached on to you property. Perhaps they don't realise they've done it. If you can't come to a mutually acceptable resolution, you could try using a mediator etc. If that is unsuccessful, you may have to consider legal action.
Marie 08/08/2018 at 10:51 pm
I hope somone can help, we have recently found out that next doors front garden goes in to the boundary line of my house, currently we share a footpath and i have a small V shaped open garden as i cannot put anything up as it compromises entry to my house. The house was just been recently sold but the garden and shared path have been there 20odd years, is there any advice on claiming some garden as its on my land/boundary line? Were the new people mis sold their house? Ive seen plans of land registry the new owners have and its been scrubbed out by the morgage people i can only assume so a new print out shows no line but on my LR there is a direct line that crosses the shared path and a corner of their front garden.
I hope this makes sense??

Any advice please
Dan 08/08/2018 at 6:45 pm
My neighbour has had a drive payed down which clearly goes about 0.5 meteron to my property. There is a fence panel at top of the garden and when it’s lifted. See there drive way
ProblemNeighbours Editor 07/08/2018 at 2:38 pm
You should talk to your neighbour before going ahead with this. He may want to take steps to remove if his plants before you pull down the fence if nothing else. Check that neither of you is actually individually responsible for the fence. Your deeds might help with this, or you could ask a boundary specialist.
PB 06/08/2018 at 11:17 am
the boundary between my property and my neighbours is described as a party wall. So no clear responsibility. There s a brown panel fence with dividing concrete posts between the property's which is decayiong. And seems to be mostly held together by foliage on his side. Infact one panel has so much foliage it is completely curved and looks like it could break. I want to replace the fence. This will inevitably mean reducing some of my neighbours foliage when the fence comes down.
As neither of us is separately responsible can I just go ahead and replace or do I need his permission.
CrazyBeeLady 29/07/2018 at 12:16 am
In 2014 I replaced the fencing between my garden and the one next door. At the time both houses were owned by a housing association and my neibours were lovely, sadly in 2015 they had to move due to ill health. The house was sold and is now a private residence. I'm May this year I was approached and asked if I would mind if they put 2ft of screening up to assist with a planter which already had trellis attached. I agreed to the 2 ft of screening being put up verbally. This was approx 6ft 6in tall and stood at least 6in above the fence, possibly more. As I had agreed to that small part I decided to let it be even though it was an eye sore. A couple of weeks later I had been out all afternoon to find that the screening had been extended up the garden to the house, a total of another 3 1/2 fence panels, each one at least 6 inches above the fence. It took me several days to pluck up the courage to go round.i was greeted with a "We didn't think you'd mine and he wanted to get on with it" I was taken through to view said 'extention' they had screwed horizontal batons to my fence so they could attach this willow screening. Sadly my response was not what she wanted when I told her she could not attach anything to my fence. This is where neighbourly relations came to an abrupt end, things got a bit heated but I left them in no uncertain terms that I wanted it taken down. They have trimmed it to the hight of the fence but the batons are still attached, they have also moved the planter but attached the trellis to my fence.i contacted my landlord to determine who the boundary belonged too, the contacted the Land Registry Office and there is no determined boundary as the land was bought and then split into plots and can offer no further advice. I saw the husband last night and asked politely when I could expect the rest of the screening to be taken down and for any damages due to screws etc to be put right, I was met with a roll of the eyes and a shake of his head. Does anyone have any advice please? Thanks in advance.
Jenny 27/07/2018 at 9:09 pm
Hi my neighbour removed all of his conifer trees and replaced them with a 6 foot high fence. However, he left a chain link fence and metal posts (his boundary line) on our side of the fence, which he refuses to let us remove as he said it’s still his boundary. The state of the chain fence is in a bad way and leaning into our boundary and is very unsightly. What are our and his rights please?
Eddy 11/07/2018 at 3:38 pm
I have a mature weeping willow tree at the back of my garden. Large as the house in lengtht and height It is a real pain as it drops it’s leaves and branches two to three times a year and makes an awful mess ruining my plants I have spoken to the owners who are not concerned, as half of their garden they don’t bother about. I feel as through as long as their content with the situation that’s OK? It I take a lot of pleasure and hard graft keeping mine up together and I car to stand the mess for much longer time running out I am now84.can you help. E.MH
Hedge 11/07/2018 at 8:03 am
I want to take out a tall hedge that my neighbour says is his. Which is fine but the whole of this hedge is in my land. So if i cut it back to his boundary it will be non existent. So doni have the right to take it down
Sue 10/07/2018 at 6:21 pm
I live in a Waterloo house which is an housing assassination my neighbor has put a fence up between us which the bad side is facing my way and he has put it Wright next to the edge so you can not cut the side where he has put the fence when I put a shead up thay told me I would have to leave room to cut the edge but when I ask them about him they side that the fence was on his boundary now when I ask them about it thay say I will have to take it to court to sort it out but they will not show me where the boundaries are thay just keep pausing the buck to other people now it you will have to go to court but it not my property and I do not have the money to do this the people next door do not speck to me so I can not take to them they are not very nice
Amy 06/07/2018 at 6:59 pm
Trying again with corrected grammar! Advice needed please.
My elderly neighbours (89 and 93 yrs) own, as shown on the deeds, the garden wall between their new neighbours. It’s a terraced property. The new owners want to pull the garden wall down and put in new footings so they can extend their property. It will be rebuilt.
They are inclined to object to this as they do not wish the upheaval and the loss of several established plants that are growing up their wall. However, they are also worried as the wall on the new neighbours side is in bad repair and they fear being given a large bill for repointing the whole wall (it’s very long). The pointing on their side is perfect. Can they legally object to the wall being demolished (and rebuilt) and not have to pay for the repairs to it on the new neighbours side? They cannot afford to pay for it to be repointed. Thank you.
Amy 06/07/2018 at 6:23 pm
Advice needed pls. My elderly neighbours (89 and 93 yrs) own, as shown on the deeds, the garden wall between their new neighbours. It’s a terraced property. I live on the other side and I’m trying to help them as they are feeling bullied. The new owners want to pull the wall down and put in new footings so they can extend their property.
They are inclined to object to this as they do not wish the upheaval and the loss of several established plants that are growing up their wall. However, they are also worried as the wall on the new neighbours side is in bad repair and they fear being given a large bill for reprinting the whole wall. The pointing on their side is perfect. An they legally object to the wall being demolished (and rebuilt) and not have to pay for the repairs to it in the new neighbours side? They cannot afford any expense. Thank you.
ProblemNeighbours Editor 02/07/2018 at 3:34 pm
You will need to check your title deeds to see if there is any mention of the wall/boundary. If not, perhaps a boundary specialist/surveyor might be able to help.
Sandy 30/06/2018 at 10:05 pm
My neighbour got wind that we were building a wall round our front garden , he went to the bother of taking the post out and putting the fence panel back up with brackets therefore we can't point the wall on that side
Andyt 29/06/2018 at 2:22 pm
My neighbour is telling me a boundary wall is mine. This wall is a retaining wall for his garden his garden level is approximately one metre above mine I am disputing his claim can you be of any help
Thanks
Andrew Thompson
ProblemNeighbours Editor 22/06/2018 at 11:37 am
Does it really matter whose fence it is on the boundary? If you feel you need a different fence in place, get one erected on your side of the boundary to your specification.
46Rossi 21/06/2018 at 5:52 am
Next door have paid for the fence between our gardens on the boundary I am responsible for in the deeds. It was in place before I moved in 8 years ago but they are harassing me, shouting at me over the fence, damaging my plants, reporting me to the council repeatedly with unfounded complaints and it's making me feel anxious and I'll.
I'd like to take possession of the boundary back and build my own fence. Can I ask them to remove their fence? Both properties are privately owned and not rented.
Thanks
Caz 21/06/2018 at 12:53 am
My neighbour wants to put some new fence panels up between our gardens. There is a existing, very old wire fence that I take to mark the boundary line, and I have a Land Registry document showing the boundary of my property being a straight line between our plots. The neighbour told me that he wants to put the new fencing in and asked if he could cut back some hedging (which has grown all around the old wire fence) - I said fine, he'd know where the boundary was. I've come home to find that he's cut out the hedging but also dug a long trench on my side of the old fence, which I think is where he plans to put the panels. Surely if he does this, the new fence will be in my garden and he'll have taken part of my plot into his? We haven't discussed that, and I wouldn't agree to just 'giving' him part of my land anyway. I'm about to put a note through his door politely pointing out that the trench is on the wrong side and asking for a chat before he does any more work.
PSC 20/06/2018 at 10:39 pm
I live in an end terrace house and there is a driveway (servicing garages) between my house and my other neighbours. I have a tall hedge along my boundary and the drive. Maintenance of driveway is my neighbours responsibility. This has been unkept since I moved into my house 4 years ago. He has now renovated the house and put it on the market. He and another neighbour approached me about cutting the hedges on the driveway side as they now want to be able to use the garages. I explained that as a single parent on tax credits money was tight. He finished the conversation saying he would leave it with me but did not want it to drag on or have to take me to court. Anyway as I was worried I borrowed some money and had the hedges cut back. A month on they are just starting to tidy the rest. I overheard them talking and saying that I would have to put a fence along there as the hedge will keep growing back. Please can I have some advice as I really can not afford a fence or be taken to court. I also do not want to cut the hedge down. Thank you in advance.
Desseardo 20/06/2018 at 9:56 pm
Hello. We’ve got a problem with our neighbours who brought a listed grade 2 farmhouse from my wife’s family several years ago. Last year he cut away all the wire fencing from our post and rail fencing allowing his dog to enter our field where sheep sometimes graze. He’s basically done this to intimidate us. The following weekend I put up a six foot high fence made out of plywood as it was the only materials I had and afford at the time. This plywood fence is on our land by six inches. Since then he complained to the listed building department of our council who has said its on the curtilage of the listed farmhouse and not in keeping with the area, despite him putting up similar fencing on other boundary’s. What I’m trying to find out is how far is a curtilage for a listed building?

Thanks in advance
ProblemNeighbours Editor 20/06/2018 at 10:31 am
Have you talked to the neighbours? Do they know they have encroached on your land? Or that the trees were yours? The boundary issue will need to be resolved in the civil courts if you can't agree between you; you may need a professional to help with defining the original boundary etc.
baz 16/06/2018 at 1:00 pm
My neighbour at the rear of our property is building a detached bungalow on some of their land and the new boundary wall encroaches on our land by a couple of feet. The land at the rear of our property was left wild and unattended for years and when the new property owner came he decided to clear conifers and he also cut down trees that were at the rear of our property without our permission. Any help will be gratefully appreciated.
Yoda 13/06/2018 at 3:31 pm
2 years ago we removed a flower bed on the edge of our driveway and extended our brick block up to our boundary line. A year later we receive a letter from our neighbour stating a boundary dispute and encroachment claim demanding we return the area to how it was! She does not elaborate on her claim or explain her reasons behind it. Two surveyors have examined the area together with conveyance plans from Land Registry detailing ours and our neighbours boundary and cannot find any grounds for her claim. We wrote back to her last June with this information asking her to provide information to support her claim but have not heard anything from her. However, we are in the process of selling our house and have had to disclose the historic boundary dispute. Our buyers are reluctant to complete until our neighbour declares no dispute. We have approached our neighbour again and she is adamant that 3 feet of our driveway belongs to her! How can we resolve this matter. What is this 3 feet she mentions, I've heard it mentioned before??
amalfifi 13/06/2018 at 7:55 am
There is a shared responsibility hedge between our properties which we both maintain. The neighbour now wants to remove it and build a brick wall on the boundary. I want to keep the hedge. The boundary is my responsibility. Where do I stand?
ProblemNeighbours Editor 08/06/2018 at 12:05 pm
It doesn't sound like it's a party wall to us. It belongs to you and your neighbour should not attach anything to it. Unfortunately for you, it sounds as though you may need to seek professional legal advice to verify this and take action if necessary.
Spennylass 06/06/2018 at 5:43 pm
I have a single story extension on the back of my house, one wall faces onto a neighbour's garden out the back of me. The extension was built by the previous owners of my house about 25 years ago. I have the deeds to my home and they contain the approved plans for the extension. On the plans there is a foot gap between my extension wall and the original boundary between my property and the neighbour out the back. The boundary is shown as a fence on the plans that I presumed was still there but couldn't see because of dense ivy growing in the neighbour's garden and up my wall. A new neighbour moved into the property about 2 years ago and has been renovation the house and garden. i came home one evening to find the ivy had been removed from my wall ( thank goodness) but the neighbour had also removed my white pvc fascia boards and guttering along the wall facing his garden. He replaced my fascia with black pvc, he even came all the way along the wall, even where it co,es into my garden. He didn't get my permission for this or even told me he was thinking about doing it. I spoke to him and he insisted it's a party wall and as it faces his garden he can do what he wants. I told him this isn't the case and he cannot touch the wall without permission, he just told me to get lost and deal with what he has done. Now he keeps drilling into my wall, he has attached electric cables, a large clock and lights. If I ask him what he thinks he is doing, he laughs at me in an intimidating way. He's driving me mad with this.
ProblemNeighbours Editor 06/06/2018 at 2:43 pm
In general a fence owner can choose whatever fence materials that they like. It might be worth checking with your council's planning office to see if any rules on styles/materials exist locally though.
Manc9182 05/06/2018 at 8:02 pm
My neighbour has just purchased the property next door. The previous owners erected a 6ft high panel fence. The new owner has taken it down and is planning to erect a 6ft high wall made of concrete slabs. We have asked him twice to reconsider and just have a panel fence. He refuses, does his fence have to be in keeping with the rest of the street or can he do whatever he wishes?
Pete 01/06/2018 at 1:52 pm
My neighbours vegetation including trees has pushed my fence over into my garden by as much as 2 metres, what are my rights.
negativepitch 30/05/2018 at 1:04 pm
We live in a barret house our next door neighbours garden runs the opposite way to ours and was built by another company .
on our side we have a fence with the posts on our side. There is then a void which is full of brambles,the other side of this is my neighbours fens but still the posts facing us.
so it looks, like fence,void,fence. The other company decided to put up their own fence when they built their house the same time ours was being built.
My neighbour has just removed his fence (with a small digger/jcb. pulled all the nettles out (with digger) and has now claimed the void as his own.
This has been done in the last few months with it being completed yesterday.
He did not even ask/tell us what he was about to do.
He is the 4th owner of the house and we have never had a problem.
I called the council and they came out to his house and said there was not a problem, they did not even call to see me.
Can he do this.
I am also concerned if he may have compromised the footings of our posts.
There is also a few small trees in the void which I am concerned that he may remove once the land he has claimed after a few months.
Sorry this has been so long.
Izagud1 30/05/2018 at 11:49 am
My neighbour has erected a new fence and left the unsightly wire fence on my side. Can I remove this without their permission as it is dangerous as well as an eyesore.
Tricia 26/05/2018 at 12:34 pm
I live in block of four semi-detached houses.lm the only council Tennant and end property. Two doors up from me had dispute with their neighbours (end house)and they took down gate, blocked it and made wall higher that was eight years after moving in previous owners always used that access without incident. The council changed access round to my side and through owners without notice. Two doors up had front and side door together at front of property. Just lately they have blocked up their side door.myself or neighbour weren't informed and it affects us because council informs me that anyone of the street can come through my garden,over six foot wall through owners garden and over another six foot wall and I'm being unreasonable.it started out a dispute between owners and nothing to do with council they deliberately blocked their own access.
ProblemNeighbours Editor 23/05/2018 at 12:46 pm
You probably have no rights at all unless the owner's of the other property have a similar clause in teir deeds about unsightly items.
ProblemNeighbours Editor 23/05/2018 at 12:28 pm
The nice side/posts theory is a bit of myth sorry. If your deeds do not specify contact the club and ask them to look at theirs. A surveyor specialising in boundary issues might be able to help.
MB 21/05/2018 at 4:10 pm
My front bay window looks out across a small road to the side of a detached house. It has a nice hedge so the view is pleasant. They have now put up a large unsightly air conditioning unit, which is now my view. It’s depressing and I know it will have affected the saleability of my home, no one will want that as a view. Do I have any rights in this situation? I know there was a clause when I moved in about unsightly items.
Tom 21/05/2018 at 2:25 pm
We live next door to a working mens club. The fence adjoining between the two properties carries on beyond the end of our garden and adjoins another neighbours. The fence on our part is falling down - in fact one panel is now missing. The deeds don't specify who owns the fence. However, the nice face of the fence is on our side, also the fence posts are on the clubs land - this combined with it covering several neighbours gardens - is the club responsible for maintaining the fence?
ProblemNeighbours Editor 21/05/2018 at 10:39 am
Is it your neighbour's fence? If so, you can't really do anything about it and your neighbour is under no obligation to make it look pretty on your side. You can erect your own fence or free standing trellis to screen it if you want to. If the fence is a shared responsibility fence then of course you should have a say in how it looks, and of course contribute half towards it etc.
Vicki 18/05/2018 at 5:18 pm
Hi, my neighbour removed the dividing fence and concrete posts several years ago. The wall he put up is unsightly and different tones of cement. Also the small fence he errected on top is a mess my side, several joists to keep it pinned but looks great his side. Anyway, can I paint the wall in a masonary paint and stain the top bit of fence (same colour as he has it) ?? It will look far better than it does, it all I see from my kitchen window ??
ProblemNeighbours Editor 15/05/2018 at 12:23 pm
What did the seller's questionnaire say about the wall when you purchased the property? What does it say in your title deeds?
ProblemNeighbours Editor 14/05/2018 at 12:44 pm
Whose fence is it? Your neighbour can attach anything to his own fence but cannot trespass onto you land or into your airspace in order to do so.
Unplugged 13/05/2018 at 7:01 pm
My neighbour has run an electrical cable and an outside plug along my side of his boundary fence (when i was out and without my permission). Can be do this? It is about halfway along the fence.
Kevin D 11/05/2018 at 7:18 pm
We just bought a semi detached house our neighbours house (Not attached) is higher than ours . The boundary wall is a supporting their land from collapsing.
Who is responsible for this wall as it's leaning and they assume I'm going to rebuild it for them even though last week they ripped the fence panels out last week and drove a big digger over the top of it.
Any advice?
Vjb 06/05/2018 at 6:51 pm
Hi. I live in a terraced house. The elderly next door neighbour has now moved out and we believe the house will go on the market shortly. Our issue is that the garden fence we are responsible for was moved closer to our back door many years ago for whatever reason. This means our house boundary is about a foot into their garden. Our bathroom waste pipe, part of our windowsills and this is what concerns me. I'm not bothered about the land itself but if we wanted to build a single extension at the back we have no 'wall' to build onto as the fence starts on the window frame. Likewise if the new buyer decided to build an extension they could build up to the fence covering our wall, with waste pipe and window sill. They have pebble dash render which clearly shows the border and our house brick is a foot into their garden due to the fence. Where do we stand and how can we get our party wall back to stop a builder building on our wall?
ProblemNeighbours Editor 02/05/2018 at 12:25 pm
Probably not, unless there is a restrictive covenant or conditions in your deeds that specify certain types of fencing.
Mel74 01/05/2018 at 4:10 pm
Hi we have moved into a council property 4 years ago ... we have been given permissions to erect a new fence as the adjoining neighbours fence is falling apart and unsightly ... years before we moved in the neighbours bought their house and erected their own fence but moving it to approx 12 inches into their own garden .... we don’t know why ... on speaking to the council and also local planning we were told we could erect a new fence where our garden now finishes which we have begun ...planning actually said that in putting their fence where it is they have inadvertently moved their boundary .... the neighbours are now saying we are building on their property and are seeking legal advice ... everything we do to make the property better seems under dispute by them ... we have always asked for permissions from the council and had things passed before proceeding .... where do we stand as we rent and they own ?
ProblemNeighbours Editor 01/05/2018 at 11:33 am
Who does the existing fence belong to? If it's yours, is the neighbour's gate attached to it? Or is it free standing? Sorry there's really not enough detail.
Hi 30/04/2018 at 3:31 pm
Hi my retaining wall as been damaged by our neighbours gate and I am thinking of going to a fence. So what I need to know do I need to provide a post for there gate or is it there responsibility. I’m paying for the fence and posts to hold the fence but don’t feel I should pay for his gate
Nonna 29/04/2018 at 2:58 pm
My house is in the middle of a Terrace of 6 houses. All the adjoining fences in the back gardens were the same (although some have been replaced like for like).
My next door neighbour has erected a new fence between our back gardens where the old one was. Unfortunately they have erected a completely different type of fence panels, the previous fencing was squared off but their new fencing is curved at the top of each panel making my garden fencing look very odd with one ‘curved’ fence on the left and two straight fences at the bottom and right hand side of my garden.
My neighbours mentioned that they were putting up a new fence and we had no objections. However, we didn’t think to enquire what style of fence they were using so were surprised when they had erected the new fence on their other neighbour’s fence as well as one on our joint neighbour’s at the bottom of the gardens. Is there anything we can do about this ‘odd fence’ situation?
mac 26/04/2018 at 9:54 am
Next door my mothers house the owners of next door build there extension to the boundary fence,they tried putting in a gate at the rear and that was the only access to the back through my mums driveway.If I was to sell would I be within my rights to tie onto there building as that is the boundery for my mum
ProblemNeighbours Editor 03/04/2018 at 12:48 pm
It's an access road so it's unlikely that fencing it off will be acceptable. You and the other neighbours could "club together" and take legal action to have the access road re-opened.
Pleasehelpme 30/03/2018 at 2:32 pm
We are the third house in a line of 11 terraced houses, we have lived here for 50years and bought the house as a new build from the developer. There is a service access road to the rear which terminates at the second house, creating a no through access. Originally, the dustmen used the road to collect dustbins, but when the new large dustcarts were introduced they stopped using the road so that the weight would not damage it. The ‘T/t’ boundary is fenced at the back and until last weekend there was no restriction to get to our end of the road. New neighbours 6 houses from our end decided to erect a fence into the service road saying that they owned it and were allowed to. This has left a much narrower gap which means a delivery lorry or emergency vehicle cannot access our end of the road, all five house owners are extremely angry that this was done without consultation. They of course will not be affected as access is open at their end. The title deeds show that the road is jointly owned by all the terrace. Where do we stand legally? Thanks for any help you can give.
ProblemNeighbours Editor 27/03/2018 at 3:32 pm
Jez - Your Question:Hi , my adjoining neighbour owns a listed building. Both their and my properties are in a conservation area. The dry stone wall separating our properties is collapsing due to trees they’ve planted to screen off their house which is undermining the wall foundations. The wall is not disputed as their responsibility. The wall is unsafe and in a perpetual state of collapse. The owener refuses to repair it , only remove fallen stones. Outside of the courts , are there any higher authorities that I can turn to who can enforce repair ? ThanksOur Response:
Pamuk 26/03/2018 at 6:17 pm
I lived in a detached house for almost 40 yrs. I had a 1 meter brick thickness wall built on the side entrance (12 cm in width)in 1988 /89 which is also side entrance of my neighbour.
The house of next door changed 4 different occupants since then.
Recently my new neighbour
Who lived there for 4 yrs. claims that the mini brick wall was built on his land.
which is also a boundary between our lands. I asked him to prove this with a supplementary evidence supporting his alleged accusation.
He is building an extension therefore wants to claim the 10-12 cm back by knocking down the wall.
As I read I can claim adverse ownership to that wall, but how do I go about it so that he doesn’t
take down the wall and build his new wall closer?
Can you help please? Many thanks in advance.
Jez 25/03/2018 at 7:34 pm
Hi , my adjoining neighbour owns a listed building . Both their and my properties are in a conservation area. The dry stone wall separating our properties is collapsing due to trees they’ve planted to screen off their house which is undermining the wall foundations. The wall is not disputed as their responsibility. The wall is unsafe and in a perpetual state of collapse . The owener refuses to repair it , only remove fallen stones . Outside of the courts , are there any higher authorities that I can turn to who can enforce repair ?
Thanks
Winie 21/03/2018 at 7:28 am
Hi, our deeds state that we are responsible for the 4 sides of the boundary NESW we
Are responisble for Mai training this. The hedge on one side is dead in places and a growing pain. It exposes the gardens to the property next door who have tenants living it. We have 2 young girls. We want to rip down the hedge and plant a fence along on the hedge line.
Gaining out privacy back.
Doing as our deeds state.
And therefore being able to enjoy our garden and the kids safely.
We have no idea of the people in the flats next door (a house converted into
2)
We know the house next door has no title deeds or on the land register.
2) we also know the extra measurements of the front back and sides of the property as they are on the deeds and the centre line of the hedge falls within our measured plot. We had this done by a surveyor.

Is there anything we can be sued for by the owners of the rented property as they live to send a solicitors letter and make our life generally hell..!!
ProblemNeighbours Editor 16/03/2018 at 2:41 pm
A fence owner can place the fence posts on which ever side of the fence they choose unless your deeds state otherwise.
s 13/03/2018 at 1:08 pm
Our neighbors own the boundary fence to the left of our garden (looking out of the house). It used to be held up with concrete posts between each panel of wood. They’ve now replaced the fence with new but the concrete posts now are on our side of the fence. Their fence their concrete posts? We now have half a dozen concrete posts in our border.
ProblemNeighbours Editor 19/02/2018 at 11:43 am
There is usually no obligation to fence a property unless to keep livestock in (the dog control order would suggest the same applies to dogs if you allow your pet outside unattended). Title deeds or tenancy agreements will sometimes say otherwise though, so we can't really advise in this instance.
Dumdum 18/02/2018 at 11:14 am
Is it true that you don’t need to put a fence up if your dividing line is a concrete fence holder that is visible to both sides? I was told there is no law that you have to put a fence up. I helped a pensioner out because she only has the pension her and her husband have coming in, so we bought three fence panels for them and her son and husband put them up. My husband is disabled and has Parkinson so I have my own problems. The thing that made me cross was that they left the old fence in my garden for me to dispose of. If the lady had not cried when asked if she was going to replace the old broken fence I would not have replaced it. My home is a pensioner bungalow owned by the council hers is private and it’s on her deeds. They also have a dog to control we don’t.
ProblemNeighbours Editor 16/02/2018 at 11:19 am
What do your deeds say? Who is responsible for the fence? If the fence/hedge is your neighbour's responsibility? If so she can do as she likes with the fence but cannot move the boundary in doing so. You can't make changes to her fence as it does not belong to you. If she has encroached on your land, you should discuss that with the neighbour; she may have to move the fence back to the actual boundary (you will need to be sure that the boundary is where you think it is). The only thing you can do to address the privacy issues are to either construct your own fence on your side and/or plant fast growing shrubs, bushes.
Shana 14/02/2018 at 7:13 am
My neighbour took it upon herself to remove the dividing bushes between our properties and replace them with a ranch style fence. In doing this it took away most of our privacy and about a foot of our garden, it's now on her side of the fence. We want to fill the gaps in and raise the height but are unsure if we can as its technically her fence.
ProblemNeighbours Editor 29/01/2018 at 2:10 pm
Is the road (not just the wall) mentioned on anyone's deeds? Check those first of all. If there's nothing to say your aunt is responsible, there's no reason to suppose that she it. You may have to use a mediation/alternative dispute resolution service to resolve this. The courts should be a last resort.
sue 27/01/2018 at 1:51 pm
My elderly aunt (82) lives in a very old property whose deeds don't show boundary ownership. To get to her property you drive up 30 yards of a drive, to the right of which is another property, and to the left is a pub. At the top is my aunts house, and 2 others including the one just mentioned. Alongside this driveway to the top, between drive and pub land is a wall. Parts of that wall have recently collapsed-could be weather/wind or trees pushing against it from the pub side. The wall was about 8 ft high-very old. The immediate danger has been contained by supports, but pub and neighbours are all saying it is ther esponsibility of my aunt to fix-even though her house is at the end and only looks out on about 12 feet length of this wall. She tried to get all others who use the drive for access(other 2 house owners) and pub owners to all agree to share the costs-all refused. The deeds are unclear as to whose boundary it is, or who owns the wall. Can my aunt just fix the bit next to her property, and then leave the rest for the other people mentioned to fix if they wish, or just leave as is ie no wall at all, just a few bricks at ground level where the wall used to be along its whole length down to the road? This may upset the house owner whose home looks out along the wall as you drive in as he will see the pub car park, and it may upset the pub owners, but without proof my aunt is responsible why should she shoulder the whole costs?
Joe 19/01/2018 at 4:12 pm
My new neighbour is building an extension, he wants to remove a panel of my fence so he can build his outside wall (my side). He has only been there for a month or so and has already caused enough hassle with his total inconsideration. I will try and talk to him to resolve this but can he remove my fence panel without my permission?

I am aware of the financial compensation routes should any damage be caused but at this moment in time I cannot trust him to do anything that he says.
Sue 09/01/2018 at 11:35 am
We moved into our property February 2006. Our home has a brick wall built all the way around it apart from the front where we have a full row of conifers dividing our property from our neighbours. We were told everything belonged to us and everything was ok until new neighbours moved in 2011. Even though these neighbours had no proof the wall and trees were theirs, they disputed it and caused us 7yrs of hell. They even came onto our property causing criminal damage in the first few months of owning their home, the police did nothing even though we owned everything. We even went to the expense of proving it all with a solicitor costing £2,500 even though it was ours in the first place. The police never helped us and we still dont know why, as we have never ever done anything wrong in our lives. For some reason they were looking after our neighbours. We were threatened, harrassed, had criminal damage done and they got away with it all. We think they had a police officer in their family and think this is the only way they would have been looked after so much, but we cant prove this and have had to suffer unbearably, knowing the whole system is corupt.
ProblemNeighbours Editor 05/01/2018 at 3:02 pm
Have you tried the Land Registry?
Paris 03/01/2018 at 3:44 pm
There are two sewers on the property boundary, which are shared with the house adjoining my property.
The boundary line goes down the corner of my house, then halfway down, these sewers mainly in the garden next door, there is a strip of garden in front of them. Can anyone tell me who owns this strip of land?
I have been in touch with the water company and they have confirmed that these are on the boundary line.
If anyone has experienced anything concerning above, I would be very grateful for your comments.
ProblemNeighbours Editor 02/01/2018 at 11:04 am
If the land is unregistered, you can't easily state a claim to it. Your neighbour (who's been using it for over 15 years) could apply for adverse possession of the land. Our best advice is to seek information from a legal professional specialising in this area, who could examine your deeds and land registry records etc.
Cockahoop 28/12/2017 at 3:08 pm
I bought this house in 2016 found a storm drain coming from the neighbours under the fence at the side of the house running down the side of the pathway onto my front garden above ground level I might ad,all covered up with rubble the conveyance solicitor said they have to remove it by law, we have been battling with this all this time,we have now got a surveyor to help us(Rics). He has just written to them and given them a time limit.are we doing the right thing.
Jo 23/12/2017 at 1:54 pm
I purchased a house just over a year ago. The row of bouses where I live all have gardens that are 400ft long and back onto a private road with garages at the end, my garden has been fenced off by the neighbour so it is only 100ft long. My house is the only house in the Road with such a garden.
On talking to the neighbours I discovered that my next door neighbours wife grew up in my house, when they married they bought the house next door and when his wife’s mother passed away they sold her house but changed it’s boundary lines on sale so only one third of the garden is included in the title deeds. They are occupying the other two thirds of the garden that used to be part of this house in addition to the garage and garden of their own house. So they have a P shaped garden.
I checked their title and they have not registered the garden that used to be part of this property to their property, their boundary in the tile only includes their original garden and garage,
I am now checking the status of the land that appears to be unregistered through land registry services and I am obtaining the previous deeds for the property.
Now I am assuming they will have some rights as they have fenced off the garden and been using it as their own for a number of years, when they sold to the previous owner I assume, some 15 years ago.
As the new owner do I have any claim to this unregistered land?
ProblemNeighbours Editor 19/12/2017 at 11:25 am
Who is responsible for the fence that they removed? Does it say on your deeds? Can you find out if there is any responsibility for the adjacent land owners to actually have a fence in place? It's likely that there isn't much you can do to be honest. Perhaps you could try and claim the "gap" space as your own? Just erect a fence around it - if the new neighbour/developer objects, that could be your opening to discuss the fencing issues. If noone says anything you could claim adverse possession in years to come.
Dave 16/12/2017 at 5:35 pm
A new next door neighbour a developer has erected a new fence, which they have run to just inside thier boundary or from where the old fencing ran, also they have removed the old fencing at the bottom of the garden and again run thier fence inside to where the old fencing was originally, thing is the gardens at the bottom are offset which has now created a large gap that now compromises the security of my garden and rear of my house. My thinking is that they have removed the the old fencing in the first place and so must replace it to the same security spec as before, logic tells me I'm correct, where do I stand with this? Wait for the neighbour up the back to make good, as I've already replaced all the fencing at the back of my garden, or take it up with the council, get a councillor involved? Land registry?
Thanks
maggie80 22/11/2017 at 12:56 pm
I have 2 pine trees in my garden close to my land boundry. My neighbor has approach me complaining that falling needles and other tree bits (not branches) are blocking his gutters, causing apparent damage to the property and he wants us to cut the trees down completely. Strangely we do not observe this on our side, but he has argued that the wind blows it all to him...

As we see those mature trees as a feature to our garden, attracting wildlife etc we are reluctant to remove them, especially at our own cost. We have cut back all branches which were overhanging his property already and also cut one of trees which we thought needles may fall off to his land the most. He is still not happy with that.
What is our legal position here? Can we be made liable for damages caused by gutters blocked by "our" needles? Thank you.
ProblemNeighbours Editor 21/11/2017 at 12:18 pm
If the deeds don't state that either party is responsible/owns the fence, it's difficult to do much about this. If the neighbour has created a mess/damage on your property during building work, they should rectify this anyway. So send a letter with a details of the damage and say you'd like the fence replacing or repairing. If the bounday is indeed where the fence is then the mortar and protruding bricks are still on the neighbour's property and you can't really do much about that apart from considering planting or trellising to hide it.
Bob501 20/11/2017 at 4:18 pm
My neighbour has built a extension at the rear of their house and inline with the wall for this extension they continued along with a new brick wall down the length of the garden. This is a couple or so inches behind the existing wooden fence boundary. In documentation completed by the previous owner when I bought my property I was informed this boundary is the responsibility of the neighbour and I am responsible for the opposite side of my garden. The previous owner had lived in the property for around 30 years. The house next door seemed to not be lived in for quite some time. The new buyers are getting all this building work done. The existing wooden fence boundary and concrete posts were not removed prior to the new garden brick wall being built. Some of the dilapidated fence panels are falling into my garden and parts of them onto my patio. Additionally there are bulges of brick mortar on my side of this new brick wall; places where mortar is missing and the inside middle of bricks protruding to my garden which are very unevenly cut. The extension wall is neat and tidy as once I came home to find a builder standing on my patio working on it when that wall had been built. I was never actually asked if a builder could come on to my land. It would have been polite and I would not have had any objections. I spoke to the builders whilst they had not fully completed the garden brick wall and basically their boss and the home owner never came to speak to me as promised. The wall got completed and I am left with an ugly site in my garden. When their party wall surveyor visited my property prior to any work, they said I would have a nice new wall to look at.

As nobody is residing in the neighbours property as their are major other building works have been ongoing for over a year; I sent a postal letter some months ago to my neighbour next door; thinking it will be redirected to them. I didn't get a response but some other issues I raised got rectified. Basically drainage guttering a pipes hadn't been put back in weeks.

Should I ask other neighbours along from me which side of the garden fence they are responsible for? Just in case I was given incorrect information when I bought my home.

If the wooden fence is indeed the responsibility of my neighbour, do I have to accept the state it is in?

I live in a terraced house. The neighbour doing the extensions has a semi detached property. They also got builders to build a brick garden wall down the opposite side of their garden and this is against the end walls of the gardens for other properties.

Do I need to seek legal advice about this. I don't want to have lots of hassle and costs but I don't want to have to put up with the messy fence and brick wall. Especially when parts of the wooden fence is leaning and bits are falling into my property.

From memory the boundary documents just show the boundary without marking as to who owns what. The houses were b
ProblemNeighbours Editor 20/11/2017 at 2:19 pm
Check your deeds first of all. The deeds might say who has responsibility for maintenance of a fence, or who the fence belongs to. If there was no fence when you moved in, and the trees were sufficient as fencing, then your neighbours can't really complain or take action anyway. Your neighbours sound as though they are simply being unreasonable and trying to make you pay for something that "they" want. Firstly, check your deeds, then if you can, seek advice from a legal professional (preferably one who deals with boundary/property issues). Most solicitors offer a reduced price or free first time consultation.
Anxiety 19/11/2017 at 1:00 pm
We've lived in our house for over 7 years. I'm back garden there was no fence to the left just a large hedge of fern trees. The original neighbors have since passed and new ones have moved in. They are now now saying we have removed the fence from behind the trees and that they want it out back up. They are also pulling out the trees and want them replaced with a fence. We have never removed any fencing and now the neighbors are threatening to take us to court when we haven't removed anything to begin with. We are disputing any borders just the payment of the fence. How does the law stand with this?
ProblemNeighbours Editor 13/11/2017 at 12:20 pm
You may be able to claim adverse possession if the fence has been in place for twelve years, it's best to seek professional legal advice before doing this.
Ellie 10/11/2017 at 4:46 pm
We have lived in our home for five year the people before us twelve years they put a fence in the back garden and the neighbour have never complained. Now the house has gone to the daughter and she insists the fence needs to be moved back two inches.this fence has been her for twelve plus years. We have had a solicitors letter daying we need to move it. Is this possible after all these years
ProblemNeighbours Editor 25/10/2017 at 3:31 pm
Is the fence on the boundary? Do your deeds say maintenance of boundary fence is shared? Does the developer intend erecting an additional boundary on the other side of yours? Sorry there are a lot of unknowns here, so it's difficult for us to answer your question. You should talk to your local planning officer and the developer.
aardvark 23/10/2017 at 3:22 pm
We own our home outright and next to it is a small field. The border consists of a metal paling fence, a brick wall, and an established hedge, each being about 10-15metres long.

The council have now granted planning permission for the land to the local housing association, but they have not contacted us at any stage of the process to discuss what will happen to the boundary. The plans indicate a concrete post/timber fence, which would require the removal of all other existing entities, but we haven't agreed to anything.

Our problem is that the metal paling cost about £2000 to erect a few years ago, the wall makes up one side of our shed, and the hedge has been meticulously manicured for almost 40 years. However, from the new buildings perspective, the paling and the wall would not be the most attractive and if the hedge remained there would be the issue of trimming.

Should we expect some compensation for our losses and the incurred shared maintenance cost (that the hedge doesn't require), and can they just leave the hedge and call it the boundary?

If they do the latter, where would we stand with respect to trimming? I'm certain no one else would do it to my standard and I have no intention of doing anyone else's gardening for them!

The new development will be 'social housing' and, given the locale, I'm not confident of getting the most gentile of new neighbours, to not put to fine a point on it.
Trulyanxious 17/09/2017 at 4:35 pm
We live in a 2 bed-roomed bungalow built on land owned by a defunct railway company.
At the bottom of our small garden, ran a previously a thick, ageing hawthorn on what was railway owned land. in 2002, previous householders or our neighbours, planted a laylandeii hedge. Their boundary fence is still visible, but the leylandeii was planted in what apparently was agreed with the builders, to be left as a wildlife run on railway land.
This leylandeii is now over 14 feet tall and the neighbour insists it is her hedge and controls the height, She does not want to see the roof of our bungalow, which would only be visible from the upper floor of her 2 storey house. I overheard her talking to a gardener, saying that her boundary was the small fence, so feel she knows the truth of the matter and is trying to intimidate me and my elderly neighbour to allowing her to each year, only trim a small portion of new growth. We have asked politely, but she is not prepared to compromise. Is it correct that we could go to the local council and for a fee - I elieve to be £600 each, to ask for this to be settled as I understood that hedges between properties should be no more than 6 feet anyway.
Bazzalad686 15/07/2017 at 6:08 pm
My neighbors are trying to extend an existing fence that is attached to my garage. Can i stop them?
Greentea 11/07/2017 at 12:24 pm
We put a new fence up all around our garden about 3 years ago, We replaced our right side neighbours fence as the council would not do it for her. On the left side we have seen that the neighbour has attached an ugly board with barbed wire attached and nails poking through on our side to our fence, he did not ask our permission and it is dangerous, the simple thing would be to ask him to remove it, if only it was that easy, this man is rude and arrogant and put us through 3 years of hell drumming on a full set of drums for over 3 years, and it was a job to get him to stop and We went through all the right channels, he has also threatened to attack my husband when he asked him to keep the noise down, We had to phone the police ( although they did nothing). I know for a fact if the boot was on the other foot and it was us who attached something to his fence he would have been banging our door down and shouting at us to remove it. I really don't want any interaction with him as God knows what he will do but at the same time I do not want him to think that he can do any he wants when he wants even if that means to our property!!
Noodle 17/06/2017 at 6:41 pm
Reallyneed some advice
Have bought my house 20 yearsago and neighbour next door (housing association tenant)has caused many issues over the 20 years, drilling psst 11pm, slamming doors all our of night past midnight, sorting his recycling at midnight, he has even come into our garden and moved our bin and we were away and he scared the person looking after our house.
I could write a book on the issues we have had, the one i am totally baffled with is this :
Housing association installed a picket wooden fence on the shared boundary line, i come home yesterday and my neighbour has attached wire mesh to every panel but not on his side, on mine....please, is it me or am i missing something, surely no one has the right to do this...i am livid but need to know if i can remove this as it is in my garden
Pensioner 17/06/2017 at 3:06 pm
I own an old semi detached house for 30 years with a 60ft.boundry hedge in the back garden.Alandlord now owns the adjoining semi.the house has been lying idle for 6 months.The previous Tennant never cut the hedge and I have been asking the landlord to cut it as it has become so wide we cannot reach over to do it.We are in our 70s and it has become a burden.Can we remove the hedge and pay for fencing without his permission? He rarely calls to the house and I have no contact number for him.But so far he has ignored my request to cut it I am getting desperate
ProblemNeighbours Editor 06/06/2017 at 12:53 pm
Is your neighbour's property council owned too? They may be able to insist that he maintains his fence/gate etc. The local police might be able to help with the antisocial behaviour. A solicitor will be able to help you with the legalities of who's allowed access etc. Start with your local councillor, they may be able to access the right people more easily.
lil mouse 03/06/2017 at 7:42 pm
Have a rather unusual issue with a neighbour refusing to replace the gates to his property. Moved into a council property on a dead end street in 2009, very quiet with hardly any footfall, though the rest if the estate is quite 'rough'. Several houses had previously been built at the "dead end" of the road, forming a T with the rear of the houses to side end of our terrace. These houses are accessed by an unadopted road to the front, beyond which is a canal. However, the end house had gates fitted in his rear panel fence to allow his car access via our street (he also had a metal swing barrier fitted on the unadopted road side at the same time to stop his neighbours driving to their houses)

Now the gates, being wooden, have rotted away so the owner has removed them completely. Our street is now being used as a shortcut by the whole estate, at all hours. What used to be a peaceful place now has gangs of children using as an escape route after playing "lets throw stones at cars" or try and get a chase off some one as there's now 3 different directions to scatter. Drunks pass by at all times, swearing and shouting and virtually every house on the street have had items stolen by opportunist theives, to the point the owner causing the problem had all his garden furniture taken last week. Don't know if there's any legal obligation on him to replace them and don't feel he's reasonable enough to have a sensible conversation with about the problems, but hoping now he's finally had his property taken he'll do something to fix it
ProblemNeighbours Editor 31/05/2017 at 10:17 am
It may have to be declared but if you've resolved it, it shouldn't be an issue. Check your title deeds, these often say who is responsible for maintaining the fence. Often a fence is belongs to one owner or another. f the fence belongs to you and there are no conditions detailed with the deeds about maintaining it, then you can actually choose not have a fence at all if you so wish. Likewise if the fence belongs to your neighbour, he/she is repsonsible for its upkeep etc.
KathCliff 29/05/2017 at 4:40 pm
We recently bought our council house which is a semi-detached. The adjoining property is also now privately owned. Our neighbours tell us the fence between the 2 properties is theirs although our plans show it as a party fence. We would not be bothered about who owns the fence except that the fence is totally on our side of the party wall which runs right down the centre of both our properties from front to back. Surely they cannot own this fence. Their property has had its rendering painted and even the paint line is completely on their side of the concrete fence panel. Can they possibly own this fence?
Sol 28/05/2017 at 8:08 pm
Hi. I purchased a house a year ago knocked the existing property down the fences that devised the boundaries either side remaind in place, a new house was built within the existing fences , the neighbour to the right objected to the development, at the end of the development a fence was erected to the inside of the existing fence on the right of the development for asthetic reasons leaving the existing fence on the neighbours side, the neighbour has sent me leter of dispute because I have not installed new fence boards on his side, the fence remains as was when i purchased it a year go. the neighbour has said that the dipute will call problems when I sell . My question is will it.
ProblemNeighbours Editor 08/05/2017 at 2:19 pm
Is your neighbour still a council tenant? If so it might be worth contacting them to let them know she is using the path for more than just "bin access etc". If not, it might need to be a private civil action (check the wording on the deeds of all the owners if you can).
smallmother 07/05/2017 at 10:32 am
I live in Scotland. I bought my council house some years ago. A four-in-a -block property, which means the downstairs flat has a back and front door and I in the upstairs flat have a side door and the path is communal for access by downstairs for building work, removal of bins etc which all other neighbours in the street have no problem with as each flat respects the privacy of the neighbour who lives upstairs. I have paid for fencing paving etc as I upgraded my flat and ground area My neighbour has stopped using her front door at all and only uses her back door They walk past my door, as do visitors, family members etc, even if I am present. I am tired of the intrusion. Is there anything I can do to stop this?
ProblemNeighbours Editor 28/04/2017 at 10:52 am
The easiest thing to do would be to check your deeds to make sure the place the neighbour has installed the post is in fact your property.
Kaz 27/04/2017 at 12:55 am
My neighbour drive runs alongside our and we have fencing and gates in our side for privacy . We paid for this and everything g is in our drive. These have been in place for over 15 years. We have come home today to find they have put up large metal gates on third drive, not a problem, however there is a 10ft metal lost in our drive .....when I askedhe said he said he's continuing the line but . surely this should be in his drive ?
ProblemNeighbours Editor 24/04/2017 at 12:47 pm
If you only paid half of the fencing that made up the entire project, you may be made to pay for the reinstatement of the exisitng fencing or matching fencing...you should ask a solicitor about this as we don't have any information about the agreements you made with the Housing Association etc.
Booboo 23/04/2017 at 10:21 am
In a communal garden owned by social housing, fences were erected, half of the funding was paid by myself. After agreements were broken by neighbours, concerning, rubbish, dog poo etc, over a long period. I removed the fences I paid for. The neighbours say I removed their fencing, called police. I explained the situation etc, what I paid and what for. They said as far as they were concerned, I have removed property that I paid for and saw no problem. The social housing area manager, has tried to negotiate with me and neighbours. But, I told them I have no intention of putting the fences back. I paid for them. They are lightly insisting that the fences are put back. I have suggested that if the neighbours and yourself require fencing, then it should be replaced by them and payed for by them and or neighbours. I have been told, that they are sending someone to put the fencing that I paid for, back in. Am I allowed to stand my ground and refuse?
ProblemNeighbours Editor 12/04/2017 at 12:50 pm
Check your local council's planning department to see if there are any local planning restrictions on this. Also your title deeds will show if there are any restrictive covenants relating to front fences.
nick 11/04/2017 at 9:31 am
between me & my neighbour is a 4ft panel fence with a 1ft trelase ON TOP making it 5ft tall this is in front of our building line by 27 ft i can see through it he wants to put up 5ft of solid fence up this is between our front lawns this was origonaly open plan he says he can go 2mtrs high we are on a private housing estate no other houses have fences in front of the building line his old fence has gone roton due to lack of care TREATMENT is this ok or not
Sam 12/03/2017 at 8:35 pm
Do i permission to erect a fence around the front of my property? I have no restrictions in my deeds but I want to check that i am not breaking any rules if i do.
Please help, i look forward to hearing from you on this.
Sam 07/03/2017 at 4:46 pm
I want to erect fence around front and driveway. I own a semi bungalow, neighbour is council tenant, who does not want this erected within my boundary. my deeds only say not to alter or external plan or elevation as part of restrictive covenant. Does my neighbour have any rights, can they stop this?
ProblemNeighbours Editor 03/03/2017 at 2:20 pm
Your title deeds should state who is responsible for the fence. If you're in doubt ask the neighbour to check with the housing department.
ProblemNeighbours Editor 02/03/2017 at 12:07 pm
A fence owner can choose which side the fence posts are on. Check your deeds to see whether fences are mentioned - e.g if you have shared responsibility, the fence will most probably straddle the boundary and you will both pay towards its upkeep. If the responsibility for the fence is your neighbour's then again it can straddle the boundary but he/she is responsible for it (in this case, it's likely you will be responsible for a fence on the other side of your garden). If there is nothing mentioned about fences then each of you can construct a fence but on your own side of the boundary - with fence posts on whatever side you choose, so long as they do not encroach on the other party's property.
Nick 01/03/2017 at 7:18 pm
My neighbour fence was damaged by the recent Doris storm, I was asked to remove the damaged fence and replace it immediately because of Kids and pets, However i am questioning who is actually responsible for that fence.

The neighbour is a council tenant and i'm a home owner, the boundary to the rear garden is divided by the old council concrete posts that use to housed the wired fencing back in the day, 2 fences sat either side of the posts and last year mine was damaged by a storm, the fencing was removed, showing the boundary posts and neighbours fence, the council came along and put up some wired fencing where there was a gap, After Doris came, the fence inside their boundary at least 1ft, blown down, and this is the fence im being ask to replace, Am i responsible for a fence 1ft inside their own garden?
ribena 28/02/2017 at 9:11 pm
my neighbour is putting up a fence going into my garden and the post are on my side is this right?
ProblemNeighbours Editor 27/02/2017 at 12:17 pm
If you have your title deeds this should give you details of the boundary line. This may be sufficiently detailed to show an exact location for the boundary but not all title deeds are that accurate unfortunately. If you can't come to a mutual agreement with your neighbour, you may have to consult a land/boundary professional to help.
Rosie2011 25/02/2017 at 8:03 am
I own a terraced house which I have had renovated, the neighbours own the fence to one side, the fence is damaged and a palm tree has pushed the end panels over and the tree is now hitting my summerhouse. The neighour states the tree belongs to me and yet the roots are in his garden, he claims he is going to replace the fencethis year and I have had a tree surgeon look at the tree and give me a price for removal which I agreed to pay as the tree is overhanging and causing damage, however the neighbour now stating the tree is in his garden and does not wish it to be removed. He wants me to lose about 12inches of my boundary to replace his fence and keep the tree.he states he does not, like looking at my summer house and the tree blocks some of it. I have no intention to of allowing this as he has already taken 10 inches and built an extension to his kitchen at the other end of the garden, this is without building regulations or planning permission. Your advice would be most welcome
Housing 10/02/2017 at 5:35 pm
Hi my neighbour has put a metal shed less than one metre away from my boundary fence. As a result of this I am now unable to maintain my wooden fence. How tall does a shed have to be before the one metre rule applies? Is my neighbour allowed to block me having access to maintain my fence?
Bhai 28/01/2017 at 3:23 pm
We bought our house 11 year ago and the previous owner purchased it of the council. There is a fence to mark the boundary between two properties and the fence was there when we moved in. In fact, the fence was there since long time back.

The elderly woman who's been living next to them for more than 28 year ago said that the fence was there as a demarcation of boundary. We lived happily with 2 different owners without any disputes. The third owner moved to the property 6 year ago and accepted everything as it is. Again, we lived happily with them as well for the last 6 year but now they are disputing against the
fence and saying that they want to remove it and erect a new fence aligning with our brick wall. This strip of land has been reserved for us as a right of way and this has been clearly mentioned on the deed.

Can they move the fence on our side legally? What are our options to stop them erecting the new fence on our side and can we legally fight for this case?
"REHOMED" 26/01/2017 at 3:40 pm
We bought a house that has a privacy fenced back yard. We noticed that our neighbor has a privacy fence that runs up to our fence using our fence (on one side) to enclose his area. We also have a gate on our fence that allows us to enter into the area that he's trying to take from us. He claims that he has some sort of "handshake" with owners prior to the owners that sold us the house. We've had a survey completed and marked the area with No Trespassing signs while the police were here after we called them. The surveyors and the police say that we can cut down the portions of his fence that are on our property! What legally could the neighbor do adversely?
ProblemNeighbours Editor 10/01/2017 at 2:20 pm
Check your title deeds and where/how the boundary is described before proceeding with this.
Kreef 09/01/2017 at 11:45 pm
I live in a terraced property with a flat roof garage (built in 1960s) in front of the house which borders our neighbours driveway. The garage wall is about 50cm inside our boundary. I am planning to knock down the garage to use as a driveway. Can I reclaim this 50cm.
Faerie 08/01/2017 at 10:57 am
I live in and end terraced house. In from of me is council green space, to the side is a pub with a car park. The pub and council land were devided by a fence which didn't touch our property/fence. Their deciding fence fell down. The pub have now redone the fence but have attached their last 2 slats of their fence to our fence and corner post without our permission. They haven't put a fence post in Can they do that? They don't have a post at the end of their piece of fence? This could put a lot of extra pressure on our existing fence/ posts

Many thanks for any advice
RICLAW 27/12/2016 at 11:33 am
WHEN I CUT OFF BRANCHES FROM MY NEIGHBORS OVERHANGING TREES, AND OFFER THE BRANCHES BACK TO HIM, CAN HE REFUSE TO ACCEPT THEM, LEAVING ME HAVING TO DISPOSE OF THEM ?
old maid 22/12/2016 at 10:52 am
Hi. I could use a bit of advice as I am sick with worry. About 12 years ago I bought my house from an housing association. There is a shared drive marked on the deeds which both parties are responsible for. The drive needs replacing urgently but the housing association I feel are bullying me. Because it's in a corner position and confined for space there was an agreement done as regards the use of the land. This was that I agree to boundaries being altered to allow parking areas at the rear of both properties. 2 years ago they allowed the tenants to park on their front. It made it very difficult and sometimes impossible for my drive to be used. When I have them photo evidence they stopped the parking on their front. My concern is that a few days ago they came without my knowledge and ripped up the pathway that was the original boundary. My concern is that they are going to steal land from the agreed drive and again make problems. There is no dividing line on the plans so I am presuming that it is 50/50 across the entire area. I desperately don't want a dispute but this drive can be hazardous if that agreement is broken. The agreement was done by the planning department and the housing association. Can they alter that agreement. Your thoughts would be gratefully appreciated. Thank you
ProblemNeighbours Editor 08/12/2016 at 12:41 pm
You say neighbours don't need the access can the neighbours all get out of their own back gardens/yards to the right of way and therefore the road? If so you may have a case for closing off the right of access but would need to do so via the legal system. At the very least, everyone's title deeds will need to be altered to remove the clause about access, so it's not a small matter.
DRH 05/12/2016 at 8:31 pm
Hi, I have a end terrace house and I have a right of way going through my back garden past my kitchen window and down the side of my house. There is no need for anyone to use this access because it only leads to the front of my house. Also all the neighbours can access the right of way from the back which leads to the road. Could I do anything about blocking the access through my garden.
ProblemNeighbours Editor 18/11/2016 at 10:46 am
Where is the actual boundary? Is there anything in your title deeds that say you can/can't erect a fence at the end of the shared driveway? There is nothing to stop a property owner erecting a fence on their own land wherever they choose...it does not have to be on the boundary line. If there was no fence there previously it suggests there is nothing in your deeds that says a fence MUST be in place etc. It does sound as though the neighbour has some strange notions but they've not really done anything wrong as far as we can see. We suggest you put your own fence or screening up on your side of the boundary (they can't stop you) if you can't come to some mutual agreement with your neighbour over this.
sarah 17/11/2016 at 6:35 am
We own a terraced property. within our property we have a driveway which goes under our sons bedroom.Our neighbours have right of way up the driveway to their back garden where they park their car.

Recently they put gates up on their land (probably about a foot back) and a post and a new fence panel. The gatepost and then fence panel starts about a foot within their land and then moves diagonally to meet the boundary fence so the end of the panel has about 2 inches of their land on our side of the new fence. so their is a long thin triangle of their land on our side of the fence about 1 foot diagonal cutting down to 2 inches - so tiny.
We deemed this to be the boundary fence as we cannot put another one up - it would have to go right up against it.
They have planted a small plant on our side of the fence which they cannot see but we can because it is on our side! Also they have been around onto our property and painted our side of that fence panel a colour of their choosing which doesn't match the rest of the fence. We open our back door to view their painted fence. They say they can because it is their fence and their is a tiny bit of land the other side of it belonging to them
Surely someone cannot built a fence slightly, and i mean slightly within their land and then believe they can plant things on our side and have a say on what goes our side. She has also said, she may want to move the fence in the future, those few inches because people are making cars bigger. Am i going mad? why they didn't build the fence in the right place in the first place is beyond me but its done now and we are left with problems moving forward with work and plans for our side of the fence - and privacy of course.
We don't know if the best thing is to build another fence right along the boundary - we have suggested this but she says then she won't be able to paint her fence (on our side)
Are we right to feel she is being unreasonable? Is she behaving legally?
ProblemNeighbours Editor 15/11/2016 at 2:13 pm
This is something that should have been highlighted on when the conveyancing was undertaken at the time of purchase. Go back to the solicitor who dealt with your house purchase and ask them about this.
ProblemNeighbours Editor 15/11/2016 at 2:07 pm
If it's your fence, noone else should "anchor" anything to it. Unfortunately as we cannot see the fence and its location in relation to the path etc we can't give you more advice. Contact your local councillor or MP - they may be able to point you in the direction of someone who'll be able to fathom it out for you. You should also check your title deeds for exact details of the fence and your responsibilities/rights.
Kingy 14/11/2016 at 12:06 pm
Hi, I purchased a house of the council in2013 after renting for 5 years, I've since received documents and area plan and my neighbour un be knowing to me, before I was first renting, helped there selves to a part of my land, where do I stand in this situation? Thanks.
Gillybobs 14/11/2016 at 10:52 am
My situation is that I live in a semi-detached house next to a right of way for a parade of shops (to the rear of the shops). I am widowed and have no-one who can provide support. As far as I understand it, the fence that runs along the access road is my responsibility. A few years ago I decided to take the industrial looking concrete fence out (only at the rear 'side on' of the property. The owner of the shops came out (he has actually called me stupid before now - presumably to goad me into saying something racist), saying that I could not remove one of my posts because he had used it to anchor his fence. Has he any rights in this case? He also stipulated that the 'right of way' was his private property, despite there being no gate or sign. The brickie eventually built the wall about a foot on my land. I am shortly going to replace the rest of the current fence, as new building work means I am overlooked at the front, side and rear of my property. I also feel my local council don't take me seriously because I'm a lone voice.
ProblemNeighbours Editor 11/11/2016 at 12:57 pm
Who has responsibility for the fence...if it's the neighbour, they can place the post on whichever side they choose. If it's really on your mother's property she can take action to get them to remove it, but she would need to absolutely sure of the exact boundary location (note not all Land registry documents are 100% accurate). No they should not have "trespassed" on to your mother's side of the fence but maybe in informing her of their intentions, they assumed that this would be OK.
Disgruntled 10/11/2016 at 1:25 pm
My elderly mother lives in a semi-detached house. When the fence was blown down, her neighbors, set about fixing it. They informed her that they would be doing this. Then, they proceeded to trespass on her property, to install a post on her side of the property and fix brackets to the extension they built and to the post. However the post is on my mothers' side. Are they allowed to; a) trespass on her property to do this. And b) fix and attach a bracket on her side of the property? Surely, the bracket should be on their side of the fence and not on my mothers' side? The land registry, clearly shows where the boundary is, yet the neighbors are claiming that they are entitled to put it where it is now. Please advise.
Gundus 05/11/2016 at 7:53 pm
So its my mums house, my dad passed away in 2001April, so that year I was in standard 10 my sister finished school a year before me , so I found a boy in 2001 July and my sis found a guy 2003 , so in 2003 both boys got together and put up a fetch , they also call my neigbour to view the yard before the fetch goes up, now we 2 years in selling my mums place. Nothing they said , but the last 2 to 3 months they saying the clients that's coming to view the house that we stole they yard , so I wanted to know what rights we have, mum does not stay there ,s he's with me , mums on Dialysis now, its sad how people can change, so from 2003 to 2016 now they saying we stole they yard or should I say a piece of they yard, please I really need help
Ed 12/10/2016 at 10:58 pm
my daughters neighbour has brought her HA home she has put up a 6ft fence right along the back garden between the two houses, now the 3ft chain link fence and posts are on my daughter side and are not in the best condition her husband had a nasty cut above his eye from the wire fence,it cannot be seen or accessed by her neighbours, so my daught went to take it down as it could injure her two children , the neighbour went mad saying it is her fence and it is not being removed,my daughter asked her HA as they had said she could take it down but now they are saying it might be the neighbours , surely when they put this 6ft wooden fence up if they wanted this dangerous wire fence they would have not have left it were they can not see it ,it serves them no purpose, can my daughter take it down or can she tell them to get a trades man in to repair or replace it if they want to keep it that badly ,any advice welcomed as we are going around in circles. thank you
ProblemNeighbours Editor 12/10/2016 at 12:04 pm
You'd need to get a legal professional to look into this. Why do you think it to be false? Could there have been one owner of the property who was perhaps renting out the property?
maria 11/10/2016 at 10:12 am
When we moved into our house 22yrs ago there was a strip of land between the boundary of our and our neighbours boundary , we have used this land for 22yrs to maintain our fence ,the new owner has erected a wire fence immediately at the back of fence and I can no longer maintain my fence. I have been in touch with land registry and they said it was claimed by adverse possession in 2009 I pointed out nobody had lived at the property for 10 years to do this I was told a affidavit had been done,which I believe to be false. is there anything I can do about this
ProblemNeighbours Editor 07/10/2016 at 12:02 pm
If it's a shared fence then you must both consent to any changes. Is there some reason you do not want the neighbour to extend the fence?
ProblemNeighbours Editor 06/10/2016 at 2:52 pm
There is no obligation on a land owner to fence in their land. If you want to be sure the 3 foot of land is remains your property, you can erect a fence closer to the boundary line. If a protected hedgerow has been destroyed report it to your local planning office...note that protected hedgerows are usually in rural countryside and not between residential properties. If the trees are subject to a Tree Preservation Order, your local council's Tree Preservation Officer will be able to investigate.
llewelyn 06/10/2016 at 12:02 am
about 8 years ago we moved next to elderly gentleman.the joint boundary fence was in really bad condition.
we approached him about replacing it, as he couldn't afford anything towards it, we offered to pay for all the materials and erection, replacing like for like on exactly the same line, since which time we have maintained said fence.
a few years ago he died and new neighbours moved in .
they have since stated they intend to extend the fence, without our permission and use the last fence post we erected to fit the first panel into.
can they do this, or if we don't agree, must they erect their own post on their side of the boundary
mummy 05/10/2016 at 1:42 pm
Our deeds showed that we had 3 foot of land to the left of our house, over the side of our fence and this was confirmed by a wire boundary fence with metal posts. The neighbours have removed the wire boundary fence and posts and have decided to cut all of the tress down (some which are part of a protected hedgerow) and use our fence as theirs. On asking if they would be putting up a new boundary fence up, they were very non-committal and clearly are hoping to gain our 3 foot of land. I am waiting to hear back from the council re the protected hedgerow, but how can we make them put the boundary fencing back up? Any advice from anyone very welcome please.
ProblemNeighbours Editor 04/10/2016 at 11:47 am
Speak with the neighbours, make them aware of the position of the original boundary. Your title deeds might help here. It would have been more useful to approach them as they were starting the job rather than now the decking is complete of course. If it really bothers you and your neighbours are not willing to remove the decking, you may have to seek legal action.
Gez 03/10/2016 at 11:15 pm
7 years ago I erected a fence between mine and my neighbours back garden, Previously the boundaries were marked by concrete boundary markers I placed the fence inside the boundary markers on my side. They have moved and the new owners have removed the boundary posts and installed decking that butts right up to my fence. I have lived here peaceably with neighbours for fifty years. What are my rights where this fence is concerned?
ProblemNeighbours Editor 26/09/2016 at 10:57 am
We assume firstly that you're in the UK and that the act you're referring to is the Party Wall Act. If you're not in the UK our advice will not be relevant. The act does not state anything so specific relating to boundaries. But the title deeds/the Land Registry are the most effective way of establishing roughly where are boundary lies if the (party) wall is not longer in place. This is a civil issue which you may have to resolve via the legal system, but we suggest you try to come to some agreement, perhaps using a mediation service first.
diane 24/09/2016 at 7:54 pm
I bought a house in 1996...i had bought a puppy and he kept going nto my neighbors yeard so i asked the neighbor if he had his deed and i had mine to do a walkoff of the property for me to install a chainlink fence at my cost and i paid the labor to instal the fence..then i had installed a swimming pool so for privacy i installed a wooden fence for privacy on my side of the existing chainlink .that neighbor then has passed away..the daughter then became owner of the house and she sold the house to a man that is now renting to own to another family...the fence is now the chainlink fence needs to be removed at my wishes since i owned the fence and put the existing wooden fence back in its original place...the man renting this place to own claims he owns the chainlink fence and my wooden fence is causing his fence that i own to lean....the fence is old and need removed and im being told i am not allowed to remove the fence even though i own it because he doesnt know where the true boundry is...im not paying for a survey...what do i do i want to take this fence down and repair the wooden fence and put it back in its original place...i just need to fix post that are now leaning into my property from the small child next door climbing the fence to look into my property tell me what i can do please do i fall under the act of 1996 where true boundries werent accurate anyways other than deeds
ProblemNeighbours Editor 22/09/2016 at 12:25 pm
No - if the floor area of the building is less than 15 square metres building regs/planning permission are not normally required. If the shed is larger than this it should be more than 1 metre from the boundary or made of non-combustible materials.
Victoria Baker 21/09/2016 at 11:37 pm
We have lived on our land for 42 years. In the early1980s mu dad, clear a messy boundary hedge, (on the edge of a paddock) by pulling out the shrubs and planing Leylandi. The next door complained saying it was their boundary and my dad stopped saying if she had a problem she could either pull them out, or pay for the rest to be planted. around 3 years later my dad but of a chain fence to keep his dogs safe in the field as he used it a a paddock. The next door people sold their property early 2000s, and new people moved in, the put up a 1.6 wooden fence on their side of the Leylandi. they then sold and moved out 2006. We got planning on the paddock to build a property, and as part of the build, we tidied up the boundary, removing weeds, clearing my dads chain face and making good any hole in the next door fence. I got a call from next door telling me I had encroached on his boundary. He said his boundary was my dads chain fence, because that is what the man had told him in 2006, - but I know that the Leylandi, are the boundary as my dad planted them in 1980s, and there is a L shape in the boundary line where my dad stopped planting the trees, and we art talking about 1ft of encroachment on what is in effect a 4 acre site.

The Next door has had a 1.8 m fence up on the far sid of the Leylandi for over 12 years, and we have pretty much had the trees on our side and looked after them since 1980s, are we entitled to "adverse possession" or do we have to put up a fence on our side of the Leyland, or can we just leave the garden as it is?

Ps he is accusing me of criminal damage, because I fixed his fence for him.

Thanks
ProblemNeighbours Editor 21/09/2016 at 11:37 am
Can you reach with a long armed roller etc? It's unreasonable to expect the neighbours to remove the shed unless there was something in their deeds restriction this.
Kander 20/09/2016 at 1:37 pm
We have just had new neighbours move into next door in a row of terraced houses.
The new neighbours have bought their house and we rent from housing association.
They have pushed their shed right against my fence that separates our gardens so the roof pitch when raining will run straight into my garden.
My fence was installed my side of the properties original boundary wire fence which the previous owners had removed apart from 3 concrete posts.
Am I right in thinking their shed needs to be at least 1 metre away from boundary because it's made of combustable materials(wood) to comply with fire regulations and run off of rain should not be running off into my garden.
ProblemNeighbours Editor 20/09/2016 at 11:37 am
If this is a council property, get in touch with the housing department immediately. A "shared" driveway means just that!
Harvestral 19/09/2016 at 3:39 pm
We have wooden cladding around the upper half of the house which requires painting every so often, but one wall of the house is in a neighbours garden, so with previous owners we've asked permission to enter their garden to paint the cladding.
Now the latest owners have put a shed about 1 - 2 feet from the wall which would make it very difficult to put a ladder against the wall to paint.
What can we do?
ProblemNeighbours Editor 19/09/2016 at 12:14 pm
Check your deeds to make sure there are no restrictive covenants preventing the erection of fences. Your neighbours will need to give consent if the fence is to be placed on the actual boundary line, so consider placing it just inside. Check also local planning laws regarding front fences.
Sam 18/09/2016 at 1:46 pm
I hope you can help I live in a semi detached house I'm attached to one neighbour ,they are both council property's ,now our drive way has always been shared access ,I have had a few problems over this in the last 20 years as the neighbour says she owns all of it and that I can't park on my own drive ,we live in a banjo and everybody's houses are a mirror image to each-other.she put a fence up over 12 years ago that I was happy with but as I have become very ill and on dialysis now I'm 76 she has come over to me and said she is moving the fence over and I can't park on my drive anymore ,I'm down as disabled where do I stand ?
Scotty 17/09/2016 at 12:31 pm
We own our mid terrace property and want to put a small chain link fence either side of our front drive. Who do we need to get permission from, if at all, to be able to do this ?
We get annoyed at our neighbours visiting daughter constantly using our drive to manoeuvre on and off with her vehicle from their non drop kerb drive to enter and exit off ours or the other sides drop kerb. By putting up a small chain link fence this will stop all this issue. Thanks
ProblemNeighbours Editor 16/09/2016 at 2:39 pm
Who owns the fence itself? If it's your neighbours, they can do as they like with it. If it's shared they need to get consent from the owner. You are probably free to erect a free standing trellis if it looks really ugly.
Tenant 15/09/2016 at 7:55 pm
I rent my house and my neighbors (who own) want to replace the fences in their garden with completely different fence to what is there now. Ie there's normal ones in there now but they want ones with gravel boards. It will look strange in my garden as the others are completely different. When I mentioned I didn't want a different fence she said it wasn't really relevant for me as I only rent the property, and has gone to my landlord to discuss it further. I rent through a company and don't directly deal with him, but she knows him. I don't know where I stand or what to do. I know I only rent but I don't want my garden looking odd.
Sam 13/09/2016 at 3:37 pm
I bought my house 17 months ago, on the right side of the property is an old stone wall which is on the other side and boundary which I believe is my neighbours, about 24" away from the wall is my fence which is on my side, on the left side of my house is the other neighbour the wall is on my side and about 24" from the wall is his fence, their is a break in the fence with
spike bushes which are unkept these bushes are before his fence, then futher along he has made a newer fence which is before his fence.
I decided I would cut the spikey bushes down as my grandchildren kept getting hurt.
The neighbour was very unhappy and said he and his wife had planted the bushes 7 years ago that it was his land and his wife is upset, I appologised so many times and even explaining about his fence and that it was my side that he had planted them and that the newer fence was not in line with his original fence he said even the wll is half his.

Their was an old lady who used to live here before me she was 93 years old and nearly blind neighbours have to me that the neighbours have taken advantage of her because she was so kind and because of her ailment. please can you advise me
ProblemNeighbours Editor 07/09/2016 at 12:12 pm
He sounds like quite an unreasonable neighbour. If you can access it, why not erect a fence an inch or so on your side of the boundary line then you can do what you like with your hedge and your neighbour will not be able to complain.
Grenfell 06/09/2016 at 2:36 pm
My neighbour has cut my hedge on his side back to the trunk approx 12 inches past his boundary. He became aggressive and said he can do what he likes if they are over hanging. I explained I did not have a problem with him trimming them back, but not to the extent that he's done. I also asked him to therefore remove the cuttings which he'd pushed back into my garden (his boundary is approx 2ft higher than mine). Which he has refused to do saying it's my hedge, my responsibility to clear it away and to get a life, if I didn't like it move!.
He first did this approx 4 years ago and at the time, I asked him to please inform me if my hedges were touching his garage and I will arrange for them to be cut back. My hedge was at least 2ft away from his garage. He then refused to replace a small part of his fence between his fence post and garage, now my dog can get out onto the main road. I put piece of wood up against the boundary wall to stop my dog getting out. I then got a letter stating if I put anything else on his boundary he would take legal action.
Can you please advise me where do I stand in this matter, thank you
Nwatto 02/09/2016 at 8:20 pm
Our neighbour has implied that we are about 4 inches over the boundary line with the fence that divides our properties. The fence has been erected since we moved in, over 12 years ago, we did not put it there and it has never been an issue. However my neighbour has now decided that this is the case and as she wants to extend her garage to accommodate a gym for her son, she will need to knock down part of the fence so that this extension of the garage can take its place up to what she believes is the boundary line (that we have apparently been encroaching on for over 12 years???)
What can we do please?
Pug 30/08/2016 at 7:41 pm
We have lived in our bungalow 6 years, 2 years ago New neighbours moved in. Initially they were good, we gave them lots of items especially garden equipment. Then this year they all out of the blue without prior consultation sawed off a boundary fence. We have a dog, I confronted the neighbour to find out what he was doing. He told me it was his business as it was his fence. He is very volatile and said if my dog comes on his land he will do something to her. He has a history of starting jobs and not finishing them. He has had glittering removed from the front of his property for the last year, which is causing water damage to our driveway. My main question is he has also threatened to remove a boundary fence in the back garden and not replace it, however this fence is attached to the back of our garage and posts on our boundary line, again in line with our garage. Although as I stated before the boundary is his, the fence is attached to our garage within our boundary, what do you suggest we do to prevent him removing the fence.
Endofwits 29/08/2016 at 7:59 pm
Recently our neighbour left a broken plant tub, at a corner of (what I thought was) our garden. I asked the neighbour, why the broken tub was there. She replied that the property was hers and she could do with it what she liked. There is now a dispute between us. The situation is complicated by the removal of what I thought was a boundary marker (a concrete post) by the developer. The developer was acting on regulations provided to them from the Roads Service, who were to take ownership of the actual road way. I would have thought that a concrete post wouild have been sited to show boundary lines. Otherwise, why would they have erected the post in the middle (not quite) of a garden. I have a photograph of the post, taken from Google Maps, at street level. It clearly shows a space between the post and what I believe to be my property. The neighbour claims that her ownership starts approximately 1 metre into my tarmacked driveway, from the roadway.
ProblemNeighbours Editor 26/08/2016 at 11:26 am
You may have to take legal action. Speak to a solicitor or try to claim it back through the small claims court.
Hattie 23/08/2016 at 9:02 am
my neighbours horses have knocked down some areas of the stone wall which seperates the two properties. I have already paid to repair some of the damage, but now his property is up for sale. I have asked him to repair the wall but he has refused. What can I do?
ProblemNeighbours Editor 17/08/2016 at 10:37 am
No, she should erect a gate if her dog is allowed to roam outside on his own. This is a shared access way so the dog should not be allowed to use it unless it's under control and with its owner. The neighbour should also not leave items in the shared access route (the ginnel). These types of ginnels or alleyways are always for access only. If you are a home owner (i.e you don't have a landlord), then a solicitor's letter might be sufficient to force her to address these issues. Please try and speak to her first to try and keep things pleasant.
Ozone 16/08/2016 at 11:35 am
Hi I'm a house owner and we are attached by a ginnel to my neighbors house.
my daughters bedroom run over the ginnel.
I have a gate on my garden that separates my garden from the ginnel and she never put on on her side.
she now let's her dog Rome up and down the ginnel... Can she do this?
If I go out she tuts if I leave the main gate open. She also put any old fridge under the ginnel until she has to take them to the tip. (If I'm doing any home impromants and can not tip them straight away I put the in my garden as I was always lend to believe the ginnel was a fire exit for both property not to store junk or keep you dog. Please can you advise. As I have try to say I have no problem with them keeping their dog in there front garden if they put a gate on?
Badgerbeard 12/08/2016 at 11:09 pm
I would really appreciate advice from somebody in-the-know. I am a homeowner and live in a row of terraces where the fences are SHARED as stated in the deeds. The shared fence between me and my adjoining neighbour is conclusively on my land. I have established (with proof) that the fence was erected in the summer of 2011 by previous occupants so there would be no case from my neighbour for adverse possession.
I am going to attempt an amicable discussion with my neighbour and explain that I am willing to move the fence myself to the original boundary and it will not cost her a penny.
This is my question... Should she refuse my offer, what would the consequences be if I was to move the fence regardless? I will reiterate that it is a SHARED fence and also, I do not need to access her land under any circumstances in order to move the fence.
Many Thanks.
Dave 05/08/2016 at 3:23 pm
My new neighbour states that according to his deeds, my hedge, which has been there over 20 years, and has within it the original fence post between boundaries has encroached onto his land. It's always been there, I've moved nothing, he bought the house knowing where the boundary was, and now realised he can't get his trailer around the back, so wants the boundary moving.
Help!
ProblemNeighbours Editor 05/08/2016 at 12:44 pm
Find the original boundary line from your deeds and/or the land registry to be sure then ask your neighbour to re-erect the fence in the correct position. If he refuses, a civil action in court may be needed.
lakes59 04/08/2016 at 10:54 am
My neighbour has just put a fence between our gardens. From house to end he has gone 2feet into my garden. What can I do.
ProblemNeighbours Editor 01/08/2016 at 12:20 pm
It's an unusual situation and you haven't said how long you have had use of the building and/or whether permission has been granted by the neighbour, so we cannot really say whether adverse possession would apply. It would be better to speak with a property solicitor for some specific/individual advice.
TheSpudman 31/07/2016 at 7:58 pm
Okay..a slightly different one....I have outbuildings that are linked to my property consisting of two sheds and an outside toilet. We are planning to refurbish the toilet and make some other alterations but we have discovered on out deeds that the toiltlet outbuilding actually belongs to our neghbour. We are a corner plot so the arrangements are a bit strange. Both deeds show this part of the outbuildings is his BUT the access to the toilet is in my garden and he has his own toilet as part of the rest of the building in my garden. Difficult to explain properly, but I have asked permission from him to do some alterations and he want's to consult his solicitor. Is there any law's that allow me to take ownership as he has no right of access to his building on my property?
Frustrated 27/07/2016 at 4:18 pm
We have bought a new home from a large builder, who gave some land for residents at the rear of our property for 9 car parking spaces. The residents had no parking prior to the builders buying the mill which was demolished to build the estate.

Now 3 years on someone who owns 1 space to the rear of us has started hanging a washing line to our fence. There is only 2 parking spaces to our rear, someone else owns that one, but the rest of the fence has no parking spaces behind. The person who's parking space is behind our fence is insisting that he has joint ownership & is entitled to put what he wants on it. He insists that on his deed given to him by the builders it states that any party walls or fences are joint ownership within his area. He has no party wall with our property, and even his parking space does not join our fence. There is a curb stone and a strip of land before our fence.

Our solicitor stated our fence is our responsibility only as it cannot be joint with only a parking space in a car park, he will not listen. The fence is a boundary fence which encloses the estate, how can we stop him hanging things on It?

Please Help!
Speckle 25/07/2016 at 4:21 pm
The side of our house forms the boundary between us and our neighrbours. We ask permission to access our guttering when required. New neighbours have moved in, do they have any rights to drill into and/or attach anything to our wall?
Pearsonwall 21/07/2016 at 9:36 pm
Me and the neighbour have a 2ft wall that separates our gardens. They have built a 7ft fence to separate us. Am I allowed the use the concrete posts which are attached to the brick wall but on there's side to secure a fence and rest the new fence on the brick wall to tidy up the back of their fence ??
Jomo 20/07/2016 at 9:46 pm
Hi
I moved into a house in October '12. The boundary fence shared with my neighbour needed replaced. He wanted a 4 foot fence and we needed a 6 foot fence due to owning a large dog.
We had the fence erected 4 inches onto our land away from the original boundary fence (before and after pics show this clearly)
For almost 4 years, myself and my daughter have suffered intimidation, threatening behaviour and verbal abuse. So much so that the police have been involved, have been no use whatsoever, therefore a complaint against them has now been submitted.
My question is, if the fence is on my land and had been paid for in full by myself, is this considered my property?
As I say, the police have been dreadful in this situation.
ProblemNeighbours Editor 20/07/2016 at 2:34 pm
If the wall belongs to your neighbour's outhouse, it's highly likely it's their responsibility to maintain. Speak to your neighbour & advise that their wall is in a state of disrepair and that you might have to claim for any damage occurred.
McFly 19/07/2016 at 12:01 pm
Hi there
We have a wall in the back yard that separates mine and my neighbours property in an end terrace. Weeds have grown through from their side and damaged the brickwork on mine. I have tried to control it but ultimately failed. The issue i have is that bricks have started to fall off and lean, but this wall is a brick wall that is the rear side of their outdoor shed and outdoor toilet. Whose responsibility is this wall - i cant knock it down and replace it can i because it hosts buildings of his? Am i responsible for costs though?
ProblemNeighbours Editor 13/07/2016 at 9:53 am
You'll need to check your deeds, where you'll fine infomation about who has responsibility for the fence. If the fence does belong to the neighbour, there is no obligation for him to maintain it unless this is also specified as a condition in the deeds. You can erect your own fence - we don't see how this would effect your landscape. Again if the deeds say the neighbour has access, you need to check to see what level as access is given...sometimes it's purely for taking bins out etc, but it can be for more.
Phillip vinall 12/07/2016 at 12:06 pm
Our neighbours have laid claim to the fence running down the garden. We do not dispute the location of the fence. However, the fence is an old green wire fence with rusty strands and parts collapsed. Our dog keeps getting into their garden over the broken parts.they have said we could put up our own fence on our side (which would lose some of our landscape). But as they have claimed the fence to be theirs, do they have a responsibility to maintain it?
Secondly, their deeds says they have access to the side of their house, they come onto our land leaving gates open and allowing trades people free roam when my children are playing an the garden, the issue is, they built an extention and a conservatory which restricted access to the side of their house via their own land and now claim under law we must give them unrestricted access via our land.
ProblemNeighbours Editor 06/07/2016 at 2:00 pm
Further to our repsonse below, you should seek professional legal advice on this.
Red 05/07/2016 at 8:56 pm
Further to my question above he has started taking the fence panels out. Could we go for adverse possession as it is now 2016 the fence was put up by him in 2002 and he never told us until 2014. On another point if he starts digging the fence posts out which are 4 feet from our house dies he need the party wall agreement? Thanks red
ProblemNeighbours Editor 28/06/2016 at 2:35 pm
You can report them to your local environmental health office for the noise nuisance. The buidling work that has impeded on your property is unfortunately a civil matter if you own the property. If it's rented, could your landlord help? You might want to try the Citizen's Advice Bureau for more individual advice and support. Good luck.
Toni 27/06/2016 at 12:34 am
We have had new neighbours since Nov who have been doing major renovations I've had to contact the council on a number of times because they are drilling and knocking down chimney breasts up until midnight some nights I'm a single mum with 3 children 2 being disabled. It's every day and sometimes don't even start till 7 o'clock at night it's getting me down my ASD child is going nuts with the vibrations my son with cp has been having seizures since Feb and it's very draining. I had a respite break last nite and she went n knocked next door explaining she's giving me a break but he needs to respect the kids have bad healths n this can't keep going on its effecting all our healths now and he went at her so she reported him we have since noticed that he has built an outdoors toilet over my land atleast 2 ft he has damaged my walls n patched them with cement taken down my guttering and cut the down pipe which is leaking into my bedroom wall causing damp :( what can I do I can't take much more.
Suzyd 23/06/2016 at 4:46 pm
Can someone offer advice please neighbours have been in my garden at bottom and cut 2 trees down to stumps and topped others these are 30 year plus and sway in wind but cause no other issue, House is let and tenants tell me she didn't ask permission when they told my trees had been cut I contacted her and explained they were my trees, she said that she had contacted county find out who owned them council said they didn't so she decide cut them! I explained its theft,trespassing and vandalism involved police they say it's a civil matter told her to contact solicitor, I did offer that if she paid for rest of trees to be cut and fence put up £1,500 employing a tree surgeon to do trees and me to put up fence her solicitors have basically said she's done me a favour I've not answered letter yet, should I send later to her solicitor with picture evidence? Should I get solicitor many thanks for reading
Shaz 21/06/2016 at 10:20 pm
My neighbour has built a stone wall I between our driveway but says 1 inch of the wall on our side belongs to him so won't allow me to out resin on driveway upto wall we have measured our house to his and the split in between our garages shows the wall is on outside what can I do
ProblemNeighbours Editor 20/06/2016 at 12:01 pm
Yes if they are on your land, speak to them and tell them that's not where the boundary is. It might be worth considering a simple fence to mark the boundary line.
Junie 18/06/2016 at 11:02 pm
I have lived in my bungalow for ten years my new neighbour has lived in his house for two years when I put flowers on my front garden he was cross and says it is his land but in actual fact the whole of his fence is three foot on my land and has been for thirty years I feel I have to try and get my land back as he is now talking of pulling up my flowers and putting a hedge in so as I do not get any more light in my bungalow. What are the chances of me being able to get the three foot strip all down the side after thirty years
wicksy 18/06/2016 at 5:54 pm
hi i recently put up a fence in my land next to my neighbours fence and now they have removed there fence and have layed slabes right up to my fence which are on my land am i in my rights to question there actions
ProblemNeighbours Editor 06/06/2016 at 10:37 am
Firstly they're not allowed to touch your fence. The land may actually be part of their property, you will be able to find out by contacting the developer or the Land Registry.
Lmurray 03/06/2016 at 4:23 pm
Hey, so we moved into a new build about a year ago, our back fence backed into a small piece of land and then our back neighbours fence was after this. This was done by the builders to allow for more privacy. Today I heard a massive racket to find they had completely removed their back fence and extended their garden into the space that sat between our two fences. They where then drilling and hammering into my fence. Just wondering weather it is legal for them to just take over this land without consent ? Thank you
Andy 29/05/2016 at 4:20 pm
We live in a new build and have grass at the front of the property that is partly ours and partly our neighbours, with no visible demarcation to show where our side ends and theirs begins. The neighbours spoke of putting up a small fence to mark the property that is theirs and they have now put the fence up. However, upon checking the deeds it looks like the property line starts off central at 90 degrees before narrowing on their side as it gets to the front of the grass. (we are awaiting sight of the neighbours deeds as they believe they have built to their deed).

As the fence has been built in a straight line at a 90 degree angle all along it has been built around 2ft in to our land at widest point. We don't really mind, it looks decent enough, and get on well enough with the neighbours. They also say this is a temporary measure and they are looking to put metal gating in at some point, to which I asked that we agree where it will go prior to works commencing to avoid any issues.

Our concern is that this land may "pass" to the neighbours after a certain period of time? Or we may have an issue if either party decides to sell. We also live on a development that has within the convenant a restriction on alterations, fences, bushes etc at the front of the property being made that affect the look of the site. This could impact us as the fence is partially on our land, if the developers take issue with it. I mentioned this to the neighbours and they don't seem to think the developers will have an issue with it, and other neighbours have made some alterations also.

We want to cover ourselves, whilst letting the fence remain. Would issuing an easement or license in writing and signed by all parties be the best option? Ideally we would just draft this ourselves to avoid legal costs. We would put in a time limit and state that they will be maintaining the fence. Most responses online seem to be for smaller (6" or less) encroaches on land and usually where the owner wants the offending item removed - which is not the case here.
ProblemNeighbours Editor 27/05/2016 at 2:36 pm
If your deeds state that your neighbour is responsible for the fence, then his deeds will say the same. Maybe you could just inform him that the fence is "intruding" into your property because of the weight of soil and that it needs repairing/replacing. If it does cause damage to your property you should be able make a claim for damages (via your own insurance company if necessary)
jojo 26/05/2016 at 1:30 pm
The boundary between myself and my neighbour is his responsibility according to the deeds. We have a tenuous relationship insofar as we used to talk, but now won't talk to me for a reason that he won't disclose (call me Josef K :) )

However - reasons unknown - the previous owners of my property erected a concrete post/gravel board/wooden fence panel fence up on the boundary. I understand that effectively I have have "inherited" responsibility for the maintenance of the fence, and have replaced fence panels as required.

Due to the lie of the land, my neighbours land level is higher than mine, and he has effectively been using the fence's posts and gravel boards as a retaining wall for his land and built a decking area up against the fence on this land (which, when in use negates any privacy that we might have had from the fence panels as they can easily be seen over, but that isn't the point). Recently I have noticed that due to the weight of the land behind the "retaining wall", one of the fence posts is now leaning over, and may well soon be forced over completely into the greenhouse on my side of the fence without maintenance.

Since it is his boundary, and his use of his land that is causing the post to be as it is, do I have any grounds to ask him to relieve some of the pressure on the "retaining wall" (which isn't his) and to repair the affected fence post?
aj 21/05/2016 at 9:39 am
Ive been a council tennant for 15 yrs.myneighbour of 5 yrs bought her council house nearly 2 yrs ago. At the time of purchase the council had to re determine the boundary & erect new fencing between our properties. She has now complained that the boundaries are wrong & complained to the council again. I have now been told to remove a brick planter I built as the repairs department will be carrying out the work. This is the second time i havehad to destroy my planters & re do my garden
Any help please would be greatfully welcome.thankyou.
ProblemNeighbours Editor 16/05/2016 at 11:02 am
If your deeds show absolutely, that part of the grassed area belongs to you and your neighbours are not respecting this, then the only way you can enforce it is through legal action. You could also consider placing something on the grass to prevent them from parking on it/mowing it?
Bambi0895 13/05/2016 at 11:09 pm
I am having a dispute with a LL who owns two houses adjacent to mine.

I want to fence in part of my yard - my deeds show that I own all the land, however it does state the land is a 'common yard'

The LL is saying I cannot fence off part of my own land because he/his tenants have access and hanging rights.

Their access wouldn't be disrupted by me erecting a fence

I have advised they can hang washing over the fence and even in the fenced off bit of yard but he will not accept this

Please can someone help
Jeanypye 13/05/2016 at 8:41 am
We are having a dispute about grass boundary our house is detached as our neighbour, there driveway stops then it's our grass , but for some reason they think part of grass is there's and have damaged it by parking big jeep on it and now they have went out and cut it , my husband had shown them our deeds but they still insist part of our garden is there's help
ProblemNeighbours Editor 12/05/2016 at 10:10 am
You know where the boundary is - you have "clearly marked it" with a brick wall, so it's not really a dispute over its location. If you're not happy with the current status quo (is it really affecting you?) and are worried about losing a few inches, then court action is your only resort, if you can't sort it out amicably.
Simon Cheshire 10/05/2016 at 7:20 am
Hi. We have a terraced house in London. We get on very well with our neighbours and enjoy a friendly neighbourhood. Our last neighbours were from Jamaica and were extremely shy and difficult to deal with. They didn't have any money so we erected a fence for their side but were sure to keep it on our side of the boundary. When they moved and the new neighbours moved in, I mentioned the situation to them and explained that the fence was placed on our side of the boundary and that it would need to be moved when the fence was repaired/replaced. We had also built a small wall on our side to clearly mark the boundary(6m from back of house).
The new neighbours have since become extremely unfriendly. They have not properly fixed the fence that was damaged in the storm, and we have suddenly found out they have built decking that goes around the end of our brick wall and therefore across the boundary. They have also placed a concrete path right up tp the fence itself. Which makes their works approx 2/3in over the boundary on our side.
When i saw what they had done i was truly shocked and asked them why they had done this after our conversation regarding fence position. They said they would put it right but nothing has been done to date.(2 weeks so far).
What should i do? Should we remove the fence altogether, to expose and reestablish the boundary? The neighbour will not like this but the fence should be theirs and it should be on their boundary not ours?
ProblemNeighbours Editor 06/05/2016 at 1:52 pm
If you are not sure about something it's usually your responsibility to sort it out. A seller will not pay for a survey to establish whether you can build an extension in the future.
Rosie 04/05/2016 at 5:57 pm
We are trying to buy a semi detached bungalow which we love, but there's a delay in buying because we have asked the owners to obtain an agreement with the neighbour who has her extension clearly over our side of the boundary in total about 9".This extension was there when she bought 10 years ago, but she has recently changed the roof from flat to apex which means that the overhang is now even greater because of the fascia board and gutters.
Where do we stand with future extension on our side...can we join 'her' roofline?
We are buying for cash, but would this problem with our boundary affect a future mortgage?
The owners are more or less washing their hands of this and telling US to get a surveyor. We think they should sort it out.
We need to sort it out as this has been going on for 3 months now. Thankyou, fingers x'd
ProblemNeighbours Editor 03/05/2016 at 10:34 am
From what you have told us it sounds like the neighbours in the new property are responsible for maintenance of both the wall and fence - if the fence is on top of the wall, then they cannot easily be responsible for one without the other. Legal advice is unfortunately your best course of action, as a lawyer will be able to establish/prove their ownership etc. Your other alternative would be to construct your own fence on your side of the boundary.
Ali 02/05/2016 at 9:48 am
We live in a terraced house and at the bottom of the garden there is a boundary wall that was put up when they started building new houses. On top of the wall is a fence which has broken. The neighbours who own the boundary wall have said that the wall is theirs but not the fence on top of it. We have said we would get a new fence and put this up ourselves and asked if they wanted to contribute. This would be around £50.00 but if they did not want to are we ok to access their land to put the fence up. They then got verbally abusive and threatened legal action as they said it wasn't their fence and gravel from our land has gone onto their path which they slipped on.( our land is higher) the only reason gravel has slipped through is because the fence has broken. The gravel has been their 9 years and it has not slipped through before the fence broke. An offer to mend a fence has now become a potentially legal situation. On my deeds it does not say whether I am responsible for the fence it just shows a boundary line but we was quite prepared to repair it as we didn't t want our Son falling from a great height or a unsightly view.
Scooby 24/04/2016 at 6:57 pm
We have lived in our 3 bedroom detached property for 2 months shy of 7 years now. When we purchased the property, we had a Red Robin (Photinia) hedge on the left hand side of our driveway (looking towards the road, away from the house), we also had a Laurel hedge between our boundary and the service strip..... now this is the problem....... Again, when we purchased the property, there was a conifer hedgerow running down the right hand side of our front garden (looking towards the road, with the house behind us). The conifer hedgerow went from the corner of our property away by 6 feet and then it curved towards next doors property before running down the length of their drive towards the road. This hedgerow was put in by the owners of our property about 25 years ago, and as far as I am aware, there was never any issue. Very recently, we have had all three hedgerows removed and replaced by brand new fencing consisting of concrete posts, gravel boards and closeboard fence panels. We have had the fencing installed along exactly the same line as to what the roots / centre of the conifers were at. Now the owner of the property next door has come to us this afternoon and has asked us to have the fence removed and installed about 2 feet back towards our property as we have gone over the boundary line and therefore pinched some of her property, even though there was a hedgerow there before and there was no problems. Whilst this hedge was planted by the previous owners of our property nearly 25 years ago, does this not mean that the hedgerow belonged to us or did it belong to our neighbours? I mean the hedgerow was in and all the ground (i.e. lawns) within were and have been maintained by myself and my wife, since we have been here.

Advice required, please? I appreciate that my neighbour may in fact be correct, but I don't know. As she never (in all the 7 years that we have been here) maintained her hedgerow by cutting it or keeping it tidy in any way, shape or anything!

If we have to get the fence moved, can I not ask her to help out with the costs, bearing in mind that we have already had it made and erected??

I look forward to your advice / replies....
Nain 24/04/2016 at 10:27 am
We have recently moved in to our property and are having to spend a lot of money replacing the rear fences which have been damaged beyond repair by garden rubbish dumped by the rear neighbours against the fence and Leylandii branches weighing down on the fence. We visited the neighbours to say we wanted to remove the overhanging branches to which the owner said "Do what you like" and sent us away. The tree surgeon who removed the branches advised us that the Leylandii were dead and unstable and we should ask the owners to remove them as they posed a threat to any new fence as well as any person in our back garden. We sent a letter to our neighbours explaining this,complete with photographs of the dead trees, but have had no response. It is clear from the state of our neighbours' house and garden that they have neglected everything for any years so we are at a loss what to next to make our garden safe.
ProblemNeighbours Editor 21/04/2016 at 12:52 pm
It may not be easy to do anything about this. There is no right to light in your garden (sometimes you can take action regarding light loss to a window etc). You can cut back any overhanging branches yourself, which may help with the dry grounds. If the trees are evergreen, the High Hedges legislation might help you. You might be able to find out who the landlord is from your local authority (they sometimes keep a register of local landlords) or the Land Regsitry
trish 20/04/2016 at 3:56 pm
Previous neighbours of ours planted some trees at the bottom of their garden and have since moved. The house is now rented privately and we cannot find out who the owners are. We have asked various tenants with no success. The trees are now very tall and we lose the sunshine to part of our garden. One also overhangs and this has made the grass underneath it die. I don't know how to get the trees cut without knowing who the owner is . Another neighbour two doors away also has very large trees which overhang the alley leading to our back gate and they are also blocking out any view of the road we used to have. We did ask her to cut them and she said that she didn't have the money to as she used all her money on stray dogs !!!! Could you please advise what we can do.Many thanks
ProblemNeighbours Editor 18/04/2016 at 11:12 am
No the boundary remains the same. If you want to do any maintenance on the fence, the situation is the same as it was before the neighbour's bit their fence, you will have to ask their permission if you need to go into their garden.
ProblemNeighbours Editor 18/04/2016 at 11:03 am
if the fence is the responsibility of the neighbour, there's not much you can do about the fence itself. However, you can ask your neighbour not to trespass on your property. The easiest option would be to erect your own fence on inside of the boundary (i.e on your own property) - your neighbour cannot stop you from doing this. With regards to the height of the fence, make sure you are not contravening local planning laws by constructing it too high. Generally the acceptable limit for a rear fence is 2m, but some local authorities have their own conditions.
Bernard 16/04/2016 at 11:24 am
My new neighbours have erected a new boundary fence between themselves and my property. The new fence has been erected 7.5 inches inside the neighbours boundary line. What happens to the extra space on my side of the fence? Do I now assume responsibility for this ground ( eg- weed control ) and can I stain the side of the fence that faces into my property?
Hannah 16/04/2016 at 10:44 am
I have recently moved into a terraced house and wanted to raise the garden fence to give my garden a little privacy. The previous owners said they had bought the fence and had it put in so I assumed it would now belong to me. After checking the deeds however, they state that this side of the garden boundry belongs to my neighbour. Usually I would just have a chat with the neighbour but she has proven to be quite unapproachable.
Also on this fence there is a panel missing which my neighbour uses to get into her own garden via mine as her gate is tied up with string and I'm assuming she can't be bothered to untie, she also has someone dragging a lawnmower through, again via my garden every time she wants her grass cutting. Would I be within my rights to fill it in? Even if it's not my fence? Thanks for your help!
ProblemNeighbours Editor 15/04/2016 at 12:27 pm
Firstly check who owns the hedge from your deeds. If it's a shared hedge or yours the neighbour should not have removed it. Now it's done however, there seems little point in pursuing it through the courts unless you were to claim the cost of either replacing the hedge or erecting a more substantial fence of some kind. If you can afford it, you could consider erecting a fence of your own on your side of the fence erected by the neighbour. If you are concerned about this affecting the original boundary line, you might be able to make a note to be attached to yours (and your neighbour's) deeds.
Fuchisa Girl 14/04/2016 at 11:52 am
I have owned my property for 30 years and ever since I bought the property there has been an established and substantial hedge dividing my property and the shop next door. The maintenance of the hedge has over the years been shared between myself and the other owner; it has provided security and privacy to the rear of the property (important because we have a dog), and the shop next door is open 16 hours a day 7 days a week with an alcohol off-licence (opened 3 years ago - used to be a ladies clothes shop), so has provided a degree of protection and privacy from shop customers walking through from the rear of the shop property past our garden and house to the shop door. The hedge runs along between the two properties from the front of the properties down the side right to the back.

I don't know who 'owns' the hedge as it runs right along the boundary line. 2 weeks ago without any warning or consultation with me and while away on holiday, the owner of the property next door completely cut down and removed the hedge exposing and comprising the security and privacy of my house and back garden as well as the safety of the dog who until this happened has unsupervised access to the back garden. The shop owner says the hedge is his and he can do what he likes with it and when asked, said he intends to replace the hedge with metre high metal poles and three strands of wiring running along the boundary. As this replacement is so much less substantial than the hedge and leaves the side and rear of my property exposed and comprised, is there anything I can do about this situation? I have written to him and made it very clear I am not happy with his actions or his proposed replacement fencing. I also asked him not to do anything further until the situation was resolved - unsurprisingly he hasn't replied.

Do I have any options available to me?
ProblemNeighbours Editor 07/04/2016 at 2:36 pm
A T mark usually indicates the responsibility lies with the owner of the property in which the T mark rests. An H mark across the boundary (effectively two T marks mirrored) usually means shared responsibility. This is probably one that you'll have to work out via mediation or the courts. We really don't have enough detail to offer any good advice.
Tisha 06/04/2016 at 5:52 pm
Hi, my neighbours built an extension in 2010, has encouraged into my garden by 16inches. We left it as we were not going to build and were being neighbourley. The husband kept cutting the hedge over on our side and when I asked him not to do this as he was crossing the boundary he tried to hit me with his hedge cutters. They then applied for a conservatory which was granted even after I commented that it was to close to the boundary. I went to see a solicitor and obtained the land registry deeds for both houses , there are 'T' marks in both gardens and everything I have read and been told says that this means it's a shared boundary. The neighbours keeps saying that the hedge belongs to them. They now have built a conservatory and ripped out 10 foot of hedge even though we are in dispute with them with no resolution been agreed upon. We have put up 2 fence post and they called the police who have told us we can not do this as the hedge is the neighbour's, when we asked where it said this the police said they had seen their deeds. Do the 'T's mean nothing in this case. The hedge was there before either us or the previous neighbours moved in.
jill 01/04/2016 at 10:23 pm
We live rurally. A new land neighbour came 3 years ago, and has been bullying 3 sets of neighbours, us being one of them. He cut the water mains, dug up a ménage, gets drunk and swears at one neighbour. He has done a land grab and fenced areas off and been abusive to another neighbour, and when my husband went to help the elderly neighbour being sworn at , he threatened us and said " I hold the whip round here, and I am using it , and I will cloak your house in darkness with my trees. He has since planted 16 poplar trees approx. 6 feet from our cottage, all around in front of our windows, but it is on his ground. He had a grant from the national forest for trees on his field, waited until that was all done , then came and planted these trees to be vindictive. The only reason we can think of is because of standing up for our elderly neighbour, and he wanted to sell a bit of his field, we were happy to buy some , but he asked for 25,000 for a quarter of an acre of grad 3 agricultural land. We have never had a bad neighbour before. We were warned that he is a trouble maker and a bully.It is making us all anxious.
Mocha 17/03/2016 at 7:08 pm
We hunted for years to find a house with an un-overlooked garden near my in-laws. We found it last year. It's a semi, and the other side bought around the same time - about 6 months ago. They've been doing a fair amount of work, and we're trying to be friendly, so when they asked to use our garden waste bin one week, we thought nothing of it.

The next time we went outside, half of the border hedge was gone, four trees had been cut down, and the remaining bits of border hedge had been trimmed almost to non-existence. Now, I had been positive that the those trees were, at the very least, common property, though based on the deed, I'm convinced that three of them were actually on our property.

Now they can see into our garden and there is no boundary safe enough to let our kids play out back (he's left all his gardening tools lying around his back garden, and there's a sharp drop on his property, so even if I was ok with my kids trespassing, it's not safe).

Now he's saying he only cut down things on his side of the boundary, but he's willing to "help us pay" for a 6 ft fence. The trees he cut down were several meters tall. And he's shaved back the length of the hedge, so we're talking about 20 meters of fencing. We said he should pay for it, and he said he didn't have the money. (Neither do we).

My in-laws say that if we pursue this, the only winners will be the lawyers. So as we go into out first spring in the new house (which we bought for it's garden) we are left with no privacy, an unsafe garden, and a neighbour who is going to get away with it because we're broke. So now we're the only losers.
Farmshow 12/03/2016 at 11:10 am
I own a terraced house with a shared alleyway. The boundary fence between the two gardens has been moved before I moved in, making my garden 2ft wider. The new owner of the adjoining house wants to move the fence back to it's original position. Can I contest this? The gardens are actually at different levels and the fence has definitely been in place for a good many years.
ProblemNeighbours Editor 07/03/2016 at 2:47 pm
No unfortunately not. You have no "right" to sunlight in your garden, so unless the trees are evergreen and form a "hedge" it's very unlikely you will be able to take action. You could of course always try asking the tree owners if they would mind removing some of the height.
and 06/03/2016 at 4:38 pm
Trees on the railway bank a few houses dwn from my house are blocking afternoon sun. This was not the case when i bought my house 13 years ago. Soon i wll have no sn at all. Is theere anything i can do about this
ProblemNeighbours Editor 29/02/2016 at 2:48 pm
Check your deeds, they will show whether responsibility for the bounday is with you or the landowners on the other side. If the fence belongs to you - the neighbours should not lean or attach anything to it.
knockview 26/02/2016 at 11:12 pm
I have lived in the property for just over 10 years the back field has now become a building site. The builders are using our fence to prop things up against and to tie things onto the fence, was just wondering is this allowed and can they also use our fence as the boundary for the garden of the new house??
Bazza43 21/02/2016 at 7:01 pm
My neighbours are trying to use my boundary dwarf wall as part of their allocated space for a side entrance. Our properties are on slightly different levels with their a foot higher on a slope.
They have only wanted this space because they plan to extend to the side of their property. We both have semi detached houses but are not joined to each other. My physical measurement show the wall is inside my boundary. The scaled deeds also compute the size of my plot. Neighbours are now trying to claim its their wall. They plan to flatten it level. I plan to replace it with a taller fence. This has caused a dispute and they are trying to play for time.
ProblemNeighbours Editor 18/02/2016 at 10:40 am
Perhaps you could ask if he has a timescale for fixing the property. If he doesn't repsond, you may have to consider legal action as your last resort.
dobs 17/02/2016 at 3:48 pm
I have an extension on the back of my semi detached house that was there when we bought the property 18 years ago.The house next door is private rented and always has been since we moved in.One set of tenants had a new boiler fitted and have attached piping for the outlet to my extension,without permission. I have only discovered this when my fence blew down and we could then see our wall. There is also a dispute over the fencing now which is on my side and been maintained by us.The landlord to the adjoining now says they bought the concrete posts before we moved in.We have had new panels fitted and maintained the fence.They are demanding we put up a new fence to their liking or will have it fitted themselves.The fencing is attached to my extension.What are my legal rights,the neighbour keeps harrassing my wife..Thank you
Baz 15/02/2016 at 10:05 am
My neighbours gable end of a very large disused wooden farm building has collapsed onto my property.
The neighbour has been onto my land and placed a wooden prop to hold it up.
I have requested he removes the prop and makes the building safe but I have been totally ignored.
ProblemNeighbours Editor 11/02/2016 at 11:14 am
You should get an independent expert/surveyor to take a look at this for you. The problem may not be on your side of the roof at all. If it's on the boundary - it may be joint responsbility, so you should share the cost.
bogdog 09/02/2016 at 10:40 am
I own a semi detached house, I am a pensioner. The house next door was sold a year ago and the new owner, has been doing renovation work. They say a problem in the valley of the roofline between the two houses is causing a damp patch in their house and that it is my responsibly to pay for the repair. They are putting letters through the door about this. Can you advise me on what steps I need to take regarding my legal responsibility and what proof I can ask them to provide.
ProblemNeighbours Editor 03/02/2016 at 11:23 am
We don't have all the details but if your fence is the cause of the problem, then it's fair that you should pay to rectify it. It would have been simpler to erect your own self-supporting fence in the first instance really, although we expect you know that now.
Claire140 02/02/2016 at 7:01 am
I attached a fence to my neighbours existing fence 4 years ago, having first obtained their permission. The fence has. Now broken and blown down taking ng their fence with it. I offered to pay for half the repair costs however they say I have to pay all of the costs as my fence shouldn't have been attached in the first place. It put extra weight on theirs and this has resulted in the damage. The builder installing my fence did not put in any additional posts on my side. Can you please help
ProblemNeighbours Editor 01/02/2016 at 2:16 pm
yes you can erect a fence on your side of the wall up to a height acceptable within your local planning area conditions (this is usually 2m)
New owner 30/01/2016 at 5:51 am
Hi

When we looked around the house the first time the fence was big enough for privacy the same the 2nd time and third time we went round
Today we got the keys and I have now noticed the fence between myself and the neighbour is now changed and is below waist height.

Can I put my own fence up on our land and not touching their fence and to the legal height which will give me privacy
Plus we have a dog which would easily jump their fence. Any help would be great thanks
ProblemNeighbours Editor 27/01/2016 at 12:55 pm
Most councils have policies regarding empty properties, so it might be worth contacting them. Regarding the fence, who does it belong to? Bear in mind that in general there is no obligation for a property owner to fence in their land unless to keep in animals/livestock. There is however, nothing to prevent you from constructing your own fence on your side of the boundary.
Nic 26/01/2016 at 2:41 pm
My next door neighbor has left her property empty for 6 years, it's totally unkempt and over grown I have addressed it with her several times and she does nothing. Now the fence at the back of her garden has fallen in leaving a big gap so my garden is exposed and it has broken the fence between us,I mentioned it to her and she is not interested , is there anything I can do
Duchess 18/01/2016 at 2:23 pm
Our neighbour is attaching what appears to be new garage doors across his drive, which runs along the side of our property, ie our wall forms the boundary between our house and his drive. Attaching the door posts entails drilling into our wall. No discussion took place by our neighbour and us. This is the second time he has abused our wall when he roofed part of his drive without any discussion. Is this permissible and what action could be taken?
I E B 14/01/2016 at 3:26 pm
MY NEIGHBOURS TREE HAS FALLEN ONTO MY SHED AND DAMAGED IT ,BUT THEY ARE NOT PREPARED TO SORT IT OUT I KNOW THEY ARE OLD BUT MY SHED IS NOW LEAKING AND THE DOOR IS JAMMED NOT ALLOWING ME ENTRY
WHAT CAN I DO THE COUNCIL WILL MOVE IT BUT AT COST TO ME
WHAT ARE MY RIGHTS
Kate 23/12/2015 at 5:26 pm
My 84 year old dad lives in a private detatched bungalow. He's in poor health with little money. Recently a lady bought the bungalow next door and has been carrying out lots of renovations. In May she put a letter thru his door saying his garden fence was rotting away and she wanted him to replace it by Xmas. He looked into the costs and advised her by return letter that he is a pensioner and can't afford to replace the panels, there is about 12 on that side of the garden. She wrote back advising him she may be able to find a quote cheaper than his quote from homebase. He ignored her letter. Yesterday he found the panels removed from the garden and they had been dumped alongside his garage. I'm sure she will have new ones fitted soon and I expect he will be presented with a bill for the replacement panels plus fitting costs and she will want reimbursement. Can she force him to pay for something he can ill afford?
Bert 19/12/2015 at 2:18 am
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 10/12/2015 at 12:49 pm
No, if it's your fence (rather than a shared one), it is criminal damage for your neighbour to attach anything to it.
ProblemNeighbours Editor 10/12/2015 at 11:00 am
Did you have any agreement with the previous neighbours about this? Was it recorded? If not and the new boundary has been in place for more than 10 years, you may be able to apply for adverse possession of the additional land you've taken up. Adverse Possession can be claimed if you occupied the land for more than 10 years but without the consent of the owner. You may need to seek professional legal advice.
nonsense 09/12/2015 at 5:12 pm
We have a fence on a boundary line that the previous owners and I put up. The new owners say the fence is encroaching on their property? the fence has been up about 10 years. What do we do?
nick 09/12/2015 at 3:32 pm
my neighbour has attached a new fence to my fence by drilling into my posts to support his fence , can he do that ??
Avnat 09/12/2015 at 8:43 am
Hi I need help and advice. I have lived in my property for just over 11 years. My neighbours have been in their property for 3 years. There was a hedge on their side of the property. They took this down. And now tell me that my boundary line needs to go back. It does look like it might be six inches too much but I have tarred surface. On the back they have just put up an extension which they have not followed plans and is two foot too close to my property. I have been in touch with the council and they say as they have. Already built it and I have two Windows the are not taking action as they look at cases by case. What rights do I have over my boundary line as it has been established well over 15 years? Thanking you very much for any advice.
ProblemNeighbours Editor 07/12/2015 at 11:15 am
If the roof is intruding into your property then you are within your rights to complain. Just removing your fence and damaging theirs might not be the best approach. Seek advice from a solicitor who specialises in property/boundary law. It may simply be that a warning letter needs to be issued before you go ahead and do the work on your own fence.
Joy 04/12/2015 at 12:45 am
We erected a fence 20 years ago inside our boundary line and this now needs replacing as posts are rotting. Neighbours recently attached a roof on top of fence which hangs overhangs our property. We asked them to remove this but we're told to go away. If we remove rotten posts this roof will collapse. Also there are screws sit king through our fence.
Parish Gardens 20/11/2015 at 9:41 pm
We have been in a new build property for a year, we are a detached property end of row property so we have a fence to left, bottom and right of our back garden, the fence on all three sides was err eyes by the developers and matches every other house, thus we consider it our fence! The problem with the boundary fence on the right it looks on to a neighbours private driveway to an older property behind our new development, they have without asking nailed on with planks of wood a 5ft bright green membrane which has been done poorly and planted a hawthorn hedge right next to our fence, I don't mind the hedge but where do we stand with asking them to remove this horrid unsightly windbreaker and the planks of wood, its restricted the light we get in our patio doors and it's hanging over flapping noisily in wind?
ProblemNeighbours Editor 17/11/2015 at 9:32 am
Unfortunately we can only give advice on UK issues. Is your question about the neighbour's tree or the fact your roof/patio extend over the boundary?
ang 14/11/2015 at 2:36 pm
I purchased my home in Pittsburgh pa.in 2006 my Neighbor has been here for I am guessing 30 yrs., he has decided to get a surveyor a month ago the surveyor pin shows my patio and roof are about 6 or 8 inches over his property. I replaced patio and roof 2 1/2 years for ants ate part of my roof and tree roots cracked my concrete his tree is about 4 stories high very close to my roof patio we cant work things out I know he will be taking me to court what are my rights? can you please help
ProblemNeighbours Editor 13/11/2015 at 11:28 am
No if the hedgerow was on your property, this is criminal damage. The builder should compensate you accordingly. Ask a professional landscaper or arboriculturalist for professional advice, but we can tell you though that it is perfectly possible to purchase semi mature plants to create a ready formed hedge. Some examples are laurel, privet, holly, hawthorn, balckthorn, yew etc. Now (late autumn to winter) is a perfectly good time to plant a hedge if you give it plenty of TLC. Inform the builder that you are going to pay for the hedge to be re-planted and will be claiming the costs back off them (via the small claims court if necessary).
Jo 12/11/2015 at 6:51 pm
A For Sale sign has appeared in next door's front garden. The problem is she has built an extension at the back of her house which has taken four inches off our property which is leasehold. There was an altercation with her friend several years ago (he appeared in court last year and was found guilty of hitting one of his pupils - he lost his job) when he almost punched my husband and the fact that she'd built on our land hadn't exactly gone unnoticed was brought up and she quickly called her friend (who doesn't live there) away from the heated situation. Where do we stand? Should I make her Estate Agent aware?
Ann 11/11/2015 at 8:16 pm
We have a large building site behind our back garden, we grew our hedgerows so we had some privacy, and for the birds that nest every year. when I return from work one day the builders had taken all my hedgerows down without my consent, I now have no privacy and a road that comes right up to my back garden. The hedges are on my property. I have asked the builders to replace my hedgerows and they said that would not be possible as you can't buy them established. Can they do this and what can I do ?
fenced off 09/11/2015 at 11:57 pm
My neighbour has erected a structure between our two houses which runs from the front to the back of his house but which protrudes the front elevation by a metre and a half. It is wooden framed has a glass/perspective roof and is covered on all sides by a huge tarpaulin. He has installed electricity sockets. The building is attached to the fence adjoining our two properties and is now blocking the light to a boundary hedge which will cause this to die. This was all done without any discussion with me. As it can be seen from the front it is an eyesore ingest is otherwise a very attractive road. Is he allowed to do this and do I have any rights. Thank you
Clare 07/11/2015 at 9:27 am
Hi, there is a chain link fence between mine and my neighbour's yard. The stone pole is on her side. She is a council tenant. I want to put up a 6ft wooden fence. Am I allowed to attach a bracket to the stone pole so that I can secure a wooden fence post on my side. I don't know if it's relevant but she is a council tenant and I own my house. She is impossible to reason with. I've had a femce there but it's come down as I was unable to secure it. Many thanks.
Clare 07/11/2015 at 9:18 am
Hi, there is a chain link fence dividing my back yard and my neighbours. On her side is a stone pole. On the deeds this is in her yard. She is a council tenant. I own my house. I want to put a 6ft wooden fence up. The easiest way to do this is to attach a bracket to the stone pole so I can can attach a wooden pole on my side. She is impossible to reason with and says I can't do this. Is she right? All the other neighbours have a fence. I've had a fence there which has come down as I've never been able to secure it properly. Please help! Many thanks.
ProblemNeighbours Editor 06/11/2015 at 9:47 am
We do not really have enough detail to comment on this, but if your home is on slightly higher ground and your surface water flows into their property then it seems as though they have just taken steps to prevent the problems. Are there not draining mechanisms you could implement?
AN 05/11/2015 at 1:57 pm
Hello, I live in a block of 4 torn houses, and my neighbour is currently relaying their patio and replaying all of their fences, including the boundary fence which they own. The houses is on a slope, and my house is on a slightly higher ground. They have drainage issues which caused their retaining wall to crack. We have a less severe problem.
They are using concrete gravel boards for the fences, they were wooden ones before. Their builder told me he will be sealing the edges of the gravel boards with mortar, effectively blocking the natural flow of water from my side to theirs, causing flood on my patio, potentially damaging my retaining wall.
I have talked to my neighbour, but they just said they just want to be the job done, and to stop water from flowing into their patio.
We have consulted a local surveyor and he confirmed their building this barrier will cause us problems.
I write to enquire if they have a right to do this and to cause flood damages to my property, and what actions, if any, I can take.
Star7 09/10/2015 at 8:15 pm
I live on the first floor of an Edwardian property. The outside wall backs onto my neighbours garden. A few years ago he laid turf right up to the wall & was politely asked to remove it.
I now have a severe damp problem which has been caused by my neighbour removing some of the rendering of the wall exposing the brickwork & also laying decking.
He is not a very pleasant individual & I would like some advice of what to do.
I do not have sufficient funds to rectify this problem myself.
Thank you for your time
fisop 02/10/2015 at 9:56 am
I'm just about to buy a house which has a small boundary wall running between both drives, I would like to build it higher or make a fence on my side of the wall for several safety reasons ranging between my children, the main road and their aggressive muzzled dog. The neighbour is being difficult and will not agree to either. If it is on my land can she still have a say?
ProblemNeighbours Editor 30/09/2015 at 9:59 am
You can do what you like with your own plants. The neighbours in the close behind you should plant something themselves if they do not want to see your fence. If they do so they must ensure that it is self supporting and isn't attached to your fence of course.
Sigs 26/09/2015 at 9:08 pm
At the bottom of my garden, is my garden fence, which is my responsibility. (& There is no dispute about that fact).
I also have an old Jasmine Plant (which is mine) growing up my Trellis & over my garden fence, which I regularly trim & cut back each year - usually in Autumn/Winter.

My Gardener trimmed it (on my side of my garden fence) & cut it back for winter.
& My Mother went round the other side of my garden fence, into a 'communal area' for 5 Houses, in a private Close, to pick up all the debris that had fallen over my garden fence.

She was in the middle of picking up the debris, when 1 Neighbour who lives in the private Close complained & did not want my Jasmine plant cut back.

I do not feel it is up to them to decide whether I leave my Jasmine plant or not.

& We were doing a good thing by picking up all the debris & removing it. (Instead of expecting someone else to do it).

Where do I stand on 'trimming/cutting my own Jasmine plant back' on my side of my own garden fence + also over the other side of my garden fence, in a 'communal area' in a private Close of 5 houses?
ProblemNeighbours Editor 02/09/2015 at 10:20 am
As long as the wire is not attached physically to the wall, then there is not much you can do.
Jc 01/09/2015 at 6:33 pm
Joint boundary wall but neighbour snakes live electrical wire across it therefore breaching my side where I have plants growing against it on a trellis. His wire is just a normal extension reel that runs from garage at back of proprtty, along j/t boundary wall upto front of house where he then has cable plugged in to charge up his camper van. The extension point is open and exposed to all weathers and I believe is extremely dangerous. He states it not illegal as wire not permanently resident!! Please advise as I am fearing the worse that this will catch fire or a local residents cat will be electrocuted if it was to bite the wire!!
ProblemNeighbours Editor 01/09/2015 at 11:44 am
If this neighbour is simply doing housework or DIY during the day, there's not much that can be done. If this kind of noise is severe and goes on past 11 at night, then it's the Environmental Health department you should contact and not the housing officer.
charlote 31/08/2015 at 4:36 pm
I have a neighbour who is an alcoholic I know he is as I have witnessed him drunk and with alcohol daily even though my housing officer said I shouldnt accuse and he bangs with a hammer when he feels like it 7 am this morning never reacted to it then started up properly around nine thirty till ten am also he sounds as tho he is moving furniture across the room as you can hear it scraping across the floor and hoovering at this time he has been worse than this before I use to get this at 2 am in the past for the housing officer went to see him he is not sared or worried by the housing officer, I am going to ask them how many times do they need to go around and warn him before they can put me recording equipment because I am sick to the back teeth of this mad man I would ring thepolice if it starts back up in early hours but all they did last time was knock on his door and he never answered.
ProblemNeighbours Editor 27/08/2015 at 9:46 am
Unfortunatly, legal action will be the most likely route to getting the work reverted or improved for your mother-in-law.
Bloom1 24/08/2015 at 9:02 pm
My mother-in-law's neighbour has built an extension which blocks out a lot of light into her kitchen. She is prepared to let that issue go, but they have now built a raised patio and have used the dividing fence as a retaining wall. They have done this by taking out the existing wooden fence panel and adding two strips of concrete panelling up to which they have built the patio. They have then replaced the wooden panel which is now 2-3 feet higher than the rest of the fence and my mother-in-law now has a large expanse of unsightly concrete in her otherwise immaculate garden. Is there anything she can do?
ProblemNeighbours Editor 19/08/2015 at 11:33 am
Did you or your solicitor question this when you purchased the property? This may depend on the number of years that neighbour has "owned/used" the additional piece of land. Adverse possession is now applicable after 10 years. If the neighbour is not willing to give the land back (and assuming you want it back), then you will most likely need to seek legal advice here.
J 18/08/2015 at 1:31 pm
We are have bought a house that has the rear boundary fence in the wrong place - the neighbour behind has enclosed around 10 square metres which doesn't belong to them. A few years previous there was no rear fences as a few of the neighbours decided to create a shared veg plot, but then one of the parties died, house was sold and the new owner enclosed the whole area to make it solely part of their garden. Unbelievably none of the other neighbours complained. Our deeds still show that this land (which is now overgrown and unused) is ours. What are the chances of getting it back?
distruction 14/08/2015 at 11:56 pm
My family has owned our property since 1973. When we moved in hedges existed in our backyard on our side of the property line. My father maintained the hedges and even received permission from our backyard neighbours to maintain them for their family. About 15 years ago a family moved in and started destroying the hedges from their side. They would not allow my father to maintain them and started hacking them away. The hedges are clearly on our side and they have cut them back 15 inches on our side. We ask them every year not to cut into our property line and they ignore our request. The trees are slowly dying because of their destruction. What rights do we have?
nvpottery 14/08/2015 at 8:59 pm
Having a problem with my neighbors! I own 2-2acre lots adjoining on a dead end road. It dead ends at the 1st lot and the lot behind me, I own, has no easements. So 22 ft of my first lot is easement or the road and the same with other properties on my side of the road. That is the size of the road. All the maps from the county and both surveys (mine) record a 22 ft easement on my side of the road, and 22 ft easement on the other side of the road! The neighbor across from my back property has been using my back lot as easement to his property. I put up a fence a year ago on my back property, not to the end of my property giving them time to clear the easement. Told them that! The property with his easement has dead trees and a small shed. I'm threated by both of these neighbors. The one tells me I step foot on his property (easement) to cut dead trees he's calling the cops and sueing me. The other tells me you put up the rest of your fence I'm tiring it down. And sueing me! I don't know what to do! Crazy we also have a well share agreement for 10 homes on the road. The well is on the property across from my back lot. Have tried to have Association help with easement to the well no response. The easement to the well reads it is on the property across from my first lot or the road. Any advise would be great help!
vixen49 09/08/2015 at 8:39 pm
my neighbour is building an extension, she has built right up to the boundary line, but as I have gates attached to concrete posts, she asked if she could remove them and i said NO!

Anyway to cut a long story short, i have scaffolding, overhanging my garden and i could not allow my son (who has special needs) into my garden for two days. Now they have built the wall, there is a gap between the new build and my row of fencing. Although they have put a temporary barrier up, my son can lift it and go onto a building site. I have today informed my neighbour that i intend putting up a fence post to allow me to block the gap therefore making it more secure for my son, she said she does not agree.

My question?

The post will be on my property. It will ensure the safety of my son and I have said that they can remove the panel to pebble dash and paint the new wall, but will have to replace the panel every afternoon, can they stop me putting in the new post? She also says that her builder has suggested moving my fence post, which I have said all along that I will not do, what are my rights
Pepper 09/08/2015 at 8:15 am
Neighbour moved in and erected a boundary fence. I said nothing as it was to keep her dog in. I didn't go out with a tape measure because I wasn't that fussed. However, she now says that it's been put up in the wrong place, that she owns 62cm of the land on my side and intends keeping her bins there! I've told her that it's her fence and her responsibility to make sure it's in the right place. If she wants to move it then providing she keeps it on her own property that's her right. I also pointed out that given the size of three wheelie bins she would have to go onto my land to move them. Presumably if I come home one night and find her bins on my side of her fence then I am entitled to put them back in her garden?
ProblemNeighbours Editor 05/08/2015 at 2:27 pm
@sly - Your Question was:"Hi guys. Quite a few years ago we put up 6ft fence inside our council boundry fence by around a foot and a few inches. We did this as the neighbours had dogs and if we needed to repair the panels, the existing chain link fence would allow us to do it without the dogs getting in our garden and leave a gap to stop them peeing up the panels and rotting them. My more recent neighbours who also have dogs have now taken the entire chain link fence down, left the concrete posts there but extended their garden up to and in some places even over our fence that is well inside the boundary by over 2ft. The worst is at the top of the garden where they are not only a foot inside the posts into ours but they have a decking structure that has been butted to the bottom of our large shed so the rain runs straight into the back of it. It has caused the back of the shed to rot out and the large floor area has rotted right through needed it all to be replaced. We cant fix the back of it because the gap we used to have to the chain link fence has been stolen by them. We showed them the damage and they don't care. Also the roof to the structure is now over hanging the same shed roof which means is over 2ft over the existing boundary line. The also attached a swing to our wooden fence posts which snapped off leading to us having concrete ones. Its a nightmare. " Our Response: You have two issues here, the damage to your property and the alteration of the boundary. Work out what remedy you would like...e.g do you want them to reinstate the existing chain link fence at the correct boundary line? Move the decking? Pay you compensation for the damage done to your property? Once you've done this, send a letter with all that information, asking them (nicely) to take the necessary action. If they refuse, then you may have to seek professional legal help...a solicitor's letter may have more force than yours, or it may proceed to court where a judge should make the necessary order.
sly 04/08/2015 at 2:46 pm
Hi guys.quite A few years ago we put up 6ft fence inside our council boundry fence by around a foot and a few inches. We did this as the neighbours had dogs and if we needed to repair the panels, the existing chain link fence would allow us to do it without the dogs getting in our garden and leave a gap to stop them peeing up the panels and rotting them. My more recent neighbours who also have dogs have now taken the entire chain link fence down, left the concrete posts there but extended their garden up to and in some places even over our fence that is well inside the boundary by over 2ft. The worst is at the top of the garden where they are not only a foot inside the posts into ours but they have a decking structure that has been butted to the bottom of our large shed so the rain runs straight into the back of it. It has caused the back of the shed to rot out and the large floor area has rotted right through needed it all to be replaced. We cant fix the back of it because the gap we used to have to the chain link fence has been stolen by them. We showed them the damage and they don't care. Also the roof to the structure is now over hanging the same shed roof which means is over 2ft over the existing boundary line. The also attached a swing to our wooden fence posts which snapped off leading to us having concrete ones. Its a nightmare.
trooper 19/07/2015 at 10:24 pm
We live in an adopted cul de sac. Each neighbour has double garage and parking space for two cars. One has fallen out with the rest of us, so has erected 3 foot high lollipop stick fence. Deeds say he can't, council and police not interested. Now he has painted his side but left the other side daubed and unsightly. I'd love to rip it down, but would get on trouble. Its on land that is jointly owned. Can I paint my side.
ProblemNeighbours Editor 17/07/2015 at 2:09 pm
@Lauren, your landlord should be able to tell you think from the deeds or from land registry information.
ProblemNeighbours Editor 16/07/2015 at 2:19 pm
@Daninmee. Why would they not replace them? Was anything agreed in relation to the fence when you gave your consent to the access? The usual premise is that any thing damaged or removed during any work is reinstated or replaced. If an agreement was drawn up by a solicitor it would almost certainly have contained something to that effect.
Lauren 14/07/2015 at 4:29 pm
Hello.

I live in a rented semi detached house there is a hedge running down the middle of us. Do you have any idea who maintains it etc? Is it us on the left of the hedge or them on the right?
Thanks x
Kingy 14/07/2015 at 4:18 am
Hi. My neighbours have access across the front of my house. There are 2 gates for access from either property. My neighbour put a fence up after asking permission from me, as it is my boundary to the left. The fence originally was 6ft what he erected. But after a fall out between us , he erected another panel on his side at 6ft 6in which left it looking unsightly from my side. The gate was also added to by 12 inch , but it was not done correctly and also looks a mess! Am I within my rights to alter the top of the gate from my side as it my boundary?
Danaimee 12/07/2015 at 7:33 pm
Our neighbours are building an extension and have removed 2 fence panels to enable the builder to work from our garden which we agreed to. The builder now tells me they are not planning to put these panels,post and boards back in . Now when these were put in 2 years ago we paid half for the whole fence and posts as they could not afford it. So are they allowed not to replace the fence panels?
ProblemNeighbours Editor 13/07/2015 at 11:18 am
@dee. If you cannot resolve this amicably you have a few choices:(1) Mediation, where you come to a (sometimes legally binding) agreement using the services of a mediator. Be sure to locate a mediator with knowledge of boundary/property law.(2) Agree to employ the services of a boundary expert to resolve this. You would both pay towards the cost of hiring this expert.(3) RICS (Royal Institute of Chartered Surveyors) Alternative Disputes Resolution - using their neighbour disputes service (4) Legal action via the courts. The first two options are likely to be the cheapest, but not necessarily so. You will need to do some research on the costs of all four methods before proceeding.
Dee 10/07/2015 at 9:31 am
Hello, no one has responded tou comment of the 9th of July, are you please able to respond.
ProblemNeighbours Editor 14/07/2015 at 12:52 pm
@nicnac. To find this out you should check your deeds, Land Registry records and any other documentation you received when you purchased the property.
nicnac 09/07/2015 at 2:04 pm
Hi - I live in a one bedroom end terrace house. I have a boundary wall to the left and a palisade fence to the right, whose responsibility is the wall and the fence please? Many thanks. Very confusing!!
Dee 07/07/2015 at 1:42 pm
Hello
We bought a property that is now 8 years old 2 years ago. The boundary to our left on the deeds clearly shows it runs parallel with next doors house, however he disputes this and has a completely different take on where he says it is. It has moved since we got here, at first a copy me of trees were ours that were on our side of the boundary (we even paid him to take it down) he now says that was his tree in his side of the boundary. We asked to see his deeds (not registered online) but he has refused. He banged a post in at the bottom of the garden (currently and open area with no fence) where he believes the border is, he's then planted bushes, I believe (if our title plans are correct, and a chartered surveyor agrees they are) that the bushes are on my side. He refuses to move them. Can I take them up? The top half of the properties are deprecated by a hedge (his, he claims) and this is well over our side now. What can I do to resolve this?
ProblemNeighbours Editor 09/07/2015 at 11:46 am
@Laurz. Firstly you should try and establish whether the fence is your responsibility, that of the neighbour, or shared. (You can generally find this information in your title deeds). If it turns out to be shared then yes, you should have consulted the neighbours, but yes, they are also being very picky and yes, they should have contributed half of the cost. Hopefully you can get it sorted through a pleasant discussion.
Laurz 06/07/2015 at 12:42 pm
Hi, my partner and I decided that the fences to the right of us needed changing. Looking at our house fro the front we would assume this side is our responsibility.!They were rotten at the bottom (two panels) and also to make our garden and next doors garden more private we made them higher. We haven't asked our sharing neighbours for any money and gave them the good side to avoid arguments. However we have had them round complaint that they are not round and we didn't discuss with them. We probably should have discussed it but they have been on holiday for 2 weeks so while the weather was nice we went ahead with all GOOD intentions! Along the fence on they're side are 5 ladders, a plastic Wendy house, 2 bbq's and a big conservatory. So a lot of the fence is not seen by them. Are we just being targeted but picky neighbours?
ProblemNeighbours Editor 06/07/2015 at 12:51 pm
@Hedges. The neighbours may not realise they've dropped over, or may not want to "trespass" in order to retrieve them. Yes your mum can also trim back any branches overhanging her side of the boundary. She can offer them back to her neighbour but cannot simply throw them back.
hedges 02/07/2015 at 12:22 pm
My Mum who in her 70's has a issue with a neighbour who's dividing bushes grow onto her property, now every they trim they leave all the cuttings on my Mums side, don't know if its too provoke a problem or not, are we within our rights to throw them back or cut them ourselves . any help much appreciated...
ProblemNeighbours Editor 30/06/2015 at 10:23 am
@Extension wanted. Firstly - talk to your nieghbours! If you get on with them well, you'll want it to stay that way. Find the deeds/land registry records that show the original boundary. Offer to pay to have the fence moved/replaced if they give permission. If things turn sour and you cannot reach an agreement, then you may have to seek the help of a legal mediation service or a solicitor.
Extension wanted 26/06/2015 at 7:51 am
I live in a semi detached house. My property and my neighbours are exactly the same. There is a wooden fence leading from the middle of the back of our houses down to the bottom of our gardens. Unfortunately the fence isn't exactly in the middle of our properties ... It is approx. 1foot out of place ... On my side. I want to extend my kitchen ... But as the fence is not exactly positioned in the middle of our current kitchens exterior wall ... It would mean that my extension would take up one foot of my neighbours garden. The deeds show the boundary perfectly centred in the middle of our properties. What can I do. I like my neighbours and do not want to fall out with them.
ProblemNeighbours Editor 30/06/2015 at 9:26 am
@ worm. Similar answer to one below: You would need to check your deeds and the Land Registry records to see if the original boundary is indicated and who any fence/hedge belongs to. If the boundary proves to be in a different location to records indicated in the original documentation you may have to concede. However, depending on the number of years the hedge has been in place and you or your predecessors have been using the land, you may have a claim for adverse possession. Professional legal advice would then be your next course of action.
worm 26/06/2015 at 12:52 am
my neighbour is doing building work. He has decided that the fence was in the wrong place, although it has been there for 18 years at least. He wants to reduce my side from 950mm to 800 as he claims the land registry to scale shows 800. Can he do this?
thanks
ProblemNeighbours Editor 23/06/2015 at 2:26 pm
@CT. Possibly yes or criminal damage. First complain to the Housing Association though.
CT 18/06/2015 at 9:11 pm
I live in a terrace row of four houses neighbours either side are housing association and the boundary is marked by chain link fences. Due to problems in the past I put up wooden fences on my side side of the boundary and reminded the neighbours that they are not allowed to remove the boundary fences (they're on the deeds). One neighbour now has about three other people living with him (male and female) and they are climbing in and out of the back bedroom and using my fence to get up and down. This is the last straw in a long long list of issues (noise, mess, dog fouling/barking and possibly drug dealing/using)
What should I do, I've tried being polite but now I've had enough. I should be able to sit in my garden and enjoy the sunshine but with the noise and stench of dog muck that's impossible. Can I threaten them with trespass if they keep climbing on my fence, should I start a formal complaint with the housing association ?
ProblemNeighbours Editor 19/06/2015 at 11:32 am
@Jo. Unfortunately only your Housing Agency will be able to help you with this query.
Jo 15/06/2015 at 4:07 pm
Hi, We are renting a place that belongs to a housing agency. When we moved here 3 years ago we were told that the fenced garden is communal and everyone can use it.
The fence goes around the garden with one part facing the main compound with a gate for access and the other part just outside our back door.
After moving in we found that the neighbour has claimed the whole garden, putting plants in and other decor and is the only one who has access to the garden as she latches the gate from her side. Moreover the fence which is outside our back door also encloses our bedroom window which means we don't have access to our bedroom window from the outside but the neighbour does. This means that oftentimes she is right outside our bedroom window 'working' in the garden. I find it really creepy - once she even went so far as to wash our bedroom window on the outside! Imagine my shock when I heard loud splashing and then found her outside the window scrubbing the glass!!
Is this legal? I find it invasive - but can it legally be considered invasive? Can the housing agency be asked and would they be required to move the fence so it doesn't include our window?
At this point we're not sure who actually put the fence up - whether it was the agency or the neighbour. What can we do to remedy this situation? Help please.
ProblemNeighbours Editor 17/06/2015 at 12:11 pm
@Ambibambi. You should let them know first that you intend to remove it. You cannot access their property to do so.
ambibambi 12/06/2015 at 5:33 pm
over tiime the boundary between our neighbours land and ours has shifted due to the previous owner erecting a fence in front of our neighbour hedge and then our neighbour removing the hedge. My husband and I were made aware of this when we purchased our house and we do not mind, however after having our extension built our neighbour took it upon themselves to take a fence panel down and take aprox 30 inches more because the fence tapers down it doesn't matter because we couldn't access the land anyway. Recently it has been brought to our attention that they have grown a climbing plant up our wall and it has grown into the roof causing damage. I cannot speak to my neighbours as they are so unreasonable. What are my rights? Could I rip the plant up for example?
Dave Editor 16/06/2015 at 2:36 pm
@Dave. You can remove any roots that have encroached upon your side of the boundary. If this renders the tree unstable you could be liable if it cause the tree to fall down. Don't forget to check whether the tree has a preservation order.
Dave 12/06/2015 at 3:17 am
We a have a neihbors tree limb that is causing roof problems. If I cut it off at our property line and the tree dies who is responsible for the tree?
fed up with wood bur 10/06/2015 at 2:27 pm
I have a problem with my neighbours wood burner emitting smoke. We have been in touch with our environmental health department but keep being told that they are allowed to emit smoke even though we live in a smoke controlled area. It is causing us to have to shut all our windows and doors because if we do not it smells like we have had a fire in our house. If we go outside we smell of the smoke so we cannot use our garden. Please can you help with what we can do next.
ProblemNeighbours Editor 15/06/2015 at 2:14 pm
@angeluk. As the fence is not yours, or your responsibility, you should not really have touched it at all unfortunately. There was nothing to prevent you erecting your own animal proof fence within your own boundary though. The boundary can be established by examining the title deeds - this should help resolve your neighbour's issue with the fence posts.
angeluk 10/06/2015 at 10:38 am
We have live in our property for 18 years and got a dog a couple of years ago. She kept on jumping over the fence into our neighbours garden so we decided to erect a new fence, even though its the neighbours shes in a council property and they wouldnt replace it. It consisted of concrete posts and three planks of wood nailed to them vertically, with just chicken wire in the gaps. We kept the concrete posts and just fixed the new fence to them. The neighbour has accused us of moving the concrete posts saying we have taken some of her land. This is impossible, anyone can see the posts havent been moved. She is abusing us everytime we go out in our garden, no thank you that weve replaced the fence at our cost.
ProblemNeighbours Editor 12/06/2015 at 1:49 pm
@Woodall. Check with your local council. If the two communal paths are still used or take the user in different directions then it's unlikely you'd be allowed to fence it off unless you allowed for continued access.
woodall 09/06/2015 at 12:08 pm
my title deeds say that i own land beyond my boundary fence.
this land has 2 communal paths withi the 11meters/6meter area.
can i extend boundary fence to boundary stated on title deeds.
i would leave 1 communal path to the back of my boundary when complete
ProblemNeighbours Editor 12/06/2015 at 12:32 pm
@PMac. There's not much you can do short of legal action if all else has failed. Is it not possible to construct your own fence in your garden? Making sure that information regarding the original boundary is help with your deeds.
pmac 09/06/2015 at 6:03 am
Neighbour has three dogs and badly neglected garden.He will not maintain the boundry fence (although I have copies of deed for that property stating he is responsible).The fence now is tied with various string and secured in their garden with the bottom in ours. I have offered to share a cost of repair - the police and council have recommended mediation and he has refused and will not talk to us. He is happy to allow access if WE pay for the replacement. He has previously damaged guttering and we have had to threaten legal action. The fence is held up partly his side by various debris, old fish tanks etc. The council say they cannot help. My father aged 90 is the occupant of the property and the neighbour in question is a solicitor.- we need the fence removed from our side in order that we can at least put a fence within our boundry.HELP.
ProblemNeighbours Editor 09/06/2015 at 12:59 pm
@Grunter. It sounds like a matter for a solicitor really. As it's a party wall and access to your land is required they will need your permission.
Grunter 05/06/2015 at 8:47 pm
I have a rental property and the Local authority are trying to fit EWI to neighbouring property, there is a 1m party wall return to the front and rear of the property and the EWI will constitute approx 6inch enchroachment onto my land, they are quoting the right to thicken a party wall under party wall regs. They had already started work without notice that I have now stopped, but they are threatening me legally to be able to continue the works. They also removed a section of garden wall that was closed in to the party wall and was in part a retaining wall, as the neighbouring property is approx 3 foot lower than my property. The only access to the raised garden is via steps that this work would narrow. can they really do this?
ProblemNeighbours Editor 08/06/2015 at 1:51 pm
@M. Have you used it regularly during that time? As long as you have not done so with an owner's permission (we assume not as you say it's unregistered), you may a claim easement by prescription. Easement can be claimed after prolonged use of the land for 20 years or more. Here is the form to use.
M 04/06/2015 at 3:56 pm
I have lived in my house for 43 years. There is an unregistered farm track which runs along my boundary, over which I have a claimed right of way. How do I go about claiming the track to the half-way point, and do I have a chance of winning this?
ProblemNeighbours Editor 03/06/2015 at 9:49 am
@fenceissue. Not sure whether this would constitute criminal damage or not to be honest. Have you asked them about it? Would they be willing to rectify the damage without having to enter into a legal battle?
Fence issue 31/05/2015 at 1:51 pm
Hi. Our neighbours on a fence that boundaries ours and both of their gardens have spray painted their side of the adjoining fence. Unfortunately they have also spray painted our new decking and the side of my house from the "overspray". Do I have any right for recompense?
Selene 26/05/2015 at 12:39 pm
Our double garage currently abuts our neighbours land - over which we have right of access to the road.

We plan to knock down our garage and pave our parking area instead. I was sure to let our neighbours know but they're not happy. They've said they don't want to see our cars. They have said they'll build a fence where our garage doors currently are, presumably to keep a sense of separation between our parking and their land.

My questions are 1. Can they build this fence? 2. If they can, are there any restrictions or specifications on size of gate or where the gate opens (in to our land or theirs?).
netti 25/05/2015 at 9:13 am
had row with neighbouran now he has ripped out two panels of shared fence as we both no reiceipt who paid for it cab i replace these panels ab can he take them down i have two young children who cannot play inthe garden cos of this he is abusive police bin called he sed is renewin them but not dun so only alternative is i replace them
fedup 23/05/2015 at 2:34 pm
Hi, we live in a detached house and there is a small cottage with a garden to the left of us which partly runs behind our house. This cottage is elevated above our house so the lower cottage walls form one of the boundaries to our property. Our neighbour has built himself a small balcony area next to his property which he has craftily built just inside his boundary that he can sit on. He climbs out of his windows and sits on the balcony and he is effectively sitting in our garden invading our privacy. The balcony does not have any fencing around it and is approx. 15 feet from the ground in our garden. We asked him to take it down, but he won't. He also sits on the balcony whilst we have friends in our garden. How can we get him to take the balcony area away? When he sits on the balcony he can look into my daughter's bedroom which I find quite offensive.
ProblemNeighbours Editor 22/05/2015 at 2:02 pm
@Dexter. Have your tried the Land Registry?
ProblemNeighbours Editor 21/05/2015 at 11:32 am
@Sallyann27. You would need to check your deeds and the Land Registry records to see if the original boundary is indicated and who any fence/hedge belongs to. If the boundary proves to be in a different location to records indicated in the original documentation you may have to concede. However, depending on the number of years the hedge has been in place and you or your predecessors have been using the land, you may have a claim for adverse possession. Professional legal advice would then be your next course of action.
Dexter 20/05/2015 at 8:15 am
In the 1960s A Black and white cottage was knocked down by a developer to build a bungalow I purchased it in 1990 but my deeds don't show any boundary fences or an old wash house that is not attached to the bungalow I have no neighbours At the moment it is open countryside I maintain the fences. But it is being developed would there be any record of the deeds for the old cottage anywhere I could get a copy of to see what it says about fences or could I just add them to my deeds
ProblemNeighbours Editor 21/05/2015 at 12:00 pm
@AJ. There's not much you can do about this really but there is nothing to prevent you from constructing your own fence on your side of the boundary.
AJ 18/05/2015 at 5:57 pm
My neighbour fence had 3 x 6ft panels badly damage 2 1/2 years ago in high winds,there is now 18-20 feet gap in the fence.He keeps promising to replace the fence but recently said they cannot afford to pay for it even thou they are going on holiday abroad for 3 weeks in the summer.They have been broken into twice in the last twelve months and with the gap it exposes my property to potential burglars is there any legal rights for him to replace the panels.
Sallyann 27 18/05/2015 at 11:08 am
We have lived in our house for over thirty-five years. our boundary, designated by a well established hawthorn hedge, runs up to the middle of next door's kitchen . their boundary used to extend the full length across their other neighbour's kitchen because that neighbour had plenty of land to the side of the house. Before the neighbours bought their house, the people the other side of them, came out one morning and reclaimed the piece of garden which overlapped their kitchen, because they had the land to the side of their house up for sale. We always believed that our neighbour's land only extended to the hedge.
They now want to improve their narrow garden and want to move the hedge boundary back to where the land registry says, which is the start of their kitchen wall adjoining our property. I love my garden and the hedge but want to be be sure that we do have a claim on the land which they are asking for, before we talk further with them. We do not want any dispute with them.
ProblemNeighbours Editor 21/05/2015 at 10:52 am
@Vik1318. Your most likely route to success is legal action unfortunately. You could try an initial solicitors letter to get him to remove the wall and hope that suffices. Most solicitors offer a free first half hour consultation and a letter will cost you anywhere from £50 to £150.
vik1318 18/05/2015 at 7:33 am
hello, please could you advise me? we live in a row of terraced cottages. Around the back,there is a shared access path which we all use for access to all 5 cottages.we recently went on holiday ,and on our return,our neighbour had laid some paving slabs and built a wall. the wall only leaves us with 2ft 6 width of access into our property.Also, he has moved the boundries so that his slabs are "square" but this has taken some of our property and is left looking unsightly and dangerous.What can we do? and who will have to pay for the work? Please help,we are unfamiliar with anything of this nature,and don't know what to do.The same neighbour is also building a porch,and intends to divert rainwater onto my plants-which will break them-he is a nightmare !!
ProblemNeighbours Editor 20/05/2015 at 11:36 am
@Isa. Take a look at our High hedges article for more information on what you can do in this situation.
Isa 16/05/2015 at 4:49 pm
My neighbour hedge is really high it covers a 2 story house but we leave on a steep hill and i dont mind not seing his house but sometimes he lets it go even higher and and messy and we are not allowed to cut or trimmed our side of the garden only he can cut and if hes gardener makes a mess of it and he still won't let us fix it and hes is very agressive to us and said he will call the police for criminal charges if we touched it ..
What are my rights ..?
ProblemNeighbours Editor 20/05/2015 at 10:56 am
@Calee. If there are no terms or covenants with your deeds that relate to the type of fencing or the specific location then the neighbours are probably making this up. We don't have all the details so can't give any really useful information here, suffice to say, if the repairs on the garage are essential then they have can ask your permission for access. If they are rebuilding it however, what's to stop them simply doing so from their own side? You may have seek the advice of an expert (a property/boundary lawyer etc)
calee 16/05/2015 at 11:52 am
Hi we have lived here over 15 years part of the boundary is the side of the neighbour's detached garage so the wall runs part of the length of our back garden. There is only a pen line drawn on our deeds to show the boundary. Our fence starts 2ft in line with the front of the garage. As the garage is in need of repair they want to re build it, they say there should be a gap between our garden and the garage wall which sits slightly lower than the garden as the garden is on a rising slope. Also say we should have a chain fence not a close board fence and the should have access to get to the side of the garage. Which also has a broken gutter our side. There has never been a fence running the length of the garage our side, from the day we bought the property and when they purchased many years later. Our deeds almost look like the garage was originally to be on our plot as the land registry shows our garden and the garage with as said a pen line splitting the garage off. Help
gellabelle 10/05/2015 at 11:21 am
I stay in Scotland and the back garden is shared with my upstairs neighbour. He has put up a boundary fence down the middle 6' in height but my problem is it is part painted (their side) to my side it is patched, brown and ugly. Previous to the fence going up I had beautiful sun to sit in, now it has gone up my garden gets a teeny bit of sun at the very bottom next to a railway line. My washing hangs there and doesn't get dry. What are the rules for losing sun and making my garden a dull miserable place to look at! They also erected an 18' flagpole and flag. My worry in that is if it is windy, as it was last winter, this thing is going to come down straight through my window.
ProblemNeighbours Editor 14/05/2015 at 12:17 pm
@Molly. Are any of these paths designated rights of way? If so they will be protected in the event of future landowners. If they are simply well used paths on permissive rights of way, these can be closed (assuming the landowner has followed the rules by closing them for at least once a year in the past). There is something in law referred to as presumed dedication (under the Highways Act 1980) which provides for a period of 20 years for a right of way to become a highway (but this does not stop a clam being made under common law with less time). The 20 years is calculated retrospectively fromt he date the right of the public to use the way is brought to question.
Molly 10/05/2015 at 12:29 am
My husband and I have been horse riding and walking the tracks within a local forest for over 30 years( since 1983). Recently the forest has been split up into sections and sold off to individuals. We would like to know if we can claim easement by prescription to continue using the tracks now that they are privately owned? The entrance and exit from this forest has always been an official bridleway.
ProblemNeighbours Editor 13/05/2015 at 11:34 am
@JillyD. Firstly you check your original deeds and the land registry records to determine the site of the boundary and who has responsibility for maintaining any fence on the boundary. If there was an agreement with the previous neighbours, was this made legal in way so that it would affect future owners? If not, then it will not be relevant now. If the fence is joint responsibility then your neighbour should share the cost of any upkeep on the fence (the only real way to enforce this would be via a solicitor). If the fence belongs to your neighbour and is their responsibility then they can actually do what they like with it, including erecting a fence on the other side. You are entitled to trim back any ivy that overhangs your side though you won't be able to attach or grow anything up it. If the fence turns out to be yours then you too can do what you like, so you could remove it entirely if you wanted to...and simply keep the hedge etc.
JillyD 07/05/2015 at 2:27 pm
We have new neighbours who have not made any attempt to control the ivy growing from their land up, through and over the boundary fence for which there was an agreement with previous neighbours that maintenance be shared 50:50. We have written to them about this but our request has been ignored. The fence panels are now unstable with the weight of the ivy. They will have no interest in the existing fence as they are developing the land and will be erecting their own fence alongside the boundary fence. Can i request they pay the costs of repair to the existing fence seeing they have damaged it? Also, once their fence is erected, it will be impossible for me to maintain the existing fence - this was always possible from the neighbour's land as we have hedging along the length of the fence, but once the neighbour has erected a new fence right alongside their side we will no longer have access to the existing fencing from either side. what should we do?
ProblemNeighbours Editor 12/05/2015 at 11:53 am
@Amum. No if planning guidelines are followed, there's not much the neighbour can do.
Amum 06/05/2015 at 1:52 pm
My parents lived in a detached bungalow and their neighbour (also living in a detached bungalow) erected an extension which co-joined onto the side of my parents property, taking it right to the edge of the property line. This neighbour still lives there. My son has now inherited this property and wishes to erect an extension through permitted development. However the neighbour is now stating that the proposed extension, which will go to the the edge of the property line further along the side where she had already joined, will devalue her property and is threatening to seek compensation. Can she do this? Advice/comment please
ProblemNeighbours Editor 12/05/2015 at 11:25 am
@Annoyed82. If the fence belongs to you you can try and claim off them for the damage. If it's on your side of the boundary it might also be worth erected a very cheap (ugly) fence on the actual boundary line on the other side of your fence. This would prevent any other damage although you would incur additional costs.
Annoyed82 06/05/2015 at 9:12 am
Hello, I wonder if anyone could just confirm some facts for me please. Is a neighbour entitled to do any of the following ; pile soil against fence panels, pull at fence panels with a claw hammer, raise patio level over top of gravel boards, drill into concrete posts, pile broken paving slabs against fence (pushing it over) and pull pieces of fence off! I should add the fence is MINE on MY land - having built fence on OUR side of the boundary!? Have complained to the people renting the property, they say we are petty - landlord says the same. I don't call £350.00 to replace panels AND broken gravel boards petty! Could anyone advise me on any course of action I can take and no, I can't move house. I think I am dealing with a bunch of ignorant, half witted idiots - both tenants and landlord. Thank you.
ProblemNeighbours Editor 12/05/2015 at 10:15 am
@groodley. You'd probably have good grounds to deny access in this instance. The work is ultimately to create an extension and not to carry out essential repairs. The neighbour also has easier access from an alternative route. Here is a guide to your rights under the Access to Neighbouring Land Act.
groodley 05/05/2015 at 3:35 pm
Our neigh our wants to come into our very small courtyard and dig under the foundation of the single storey extension to his cottage to underpin the wall so he can put a conservatory and balcony on top of single story flat roof.We have no back access to our home and everything has to come through the front door and through our hallway and sitting room. The work he intends to do will involve carrying about five tons of soil through our house and also carrying the same amount of steel and concrete through to replace soil removed. The end wall of our court yard is a solid wall beyond which are graves in a c of e church yard so the only other access would mean carrying all same ,materials over graves on concecrated ground.The whole area including both homes and the Church are in a conservation area and a listed buildings area also the area is designated an area of outstanding natural beauty. The neighbours have both front and back access to their home bit don't want to do it from their side because they don't want the mess on their property we are obviously going to fight this but are looking for advice
ProblemNeighbours Editor 08/05/2015 at 11:57 am
@Hippy. Just ignore it - if what you say is true and you have evidence, there is not much action that can be taken. Check your deeds however, to ensure that you are not under obligation to maintain the fence yourself.
hippy 02/05/2015 at 8:28 pm
11 years ago my neighbour moved his boundary fence further in his land and left two broken posts of the old fence my side. Never ever said anything until i last week - when i moved in 3 yrs ago these posts were a danger to my son and as they were fallen but attached by the wires on the inside of post - i just picked them up while clearing garden and chucked them with the rest of the rubbish he left.
last week he send me a solicitor letter telling me i have to pay to put a whole new fence up(the one he erected 11 yr ago is still there) but because i picked 2 broken posts hes told solicitor it was a full fence ive ripped out - it wasnt and i have photos of the garden from 8 yr ago when the house was up for sale they show the fence he erected 8 yr ago and the 2 broken posts fallen down - what do i do?
ProblemNeighbours Editor 07/05/2015 at 11:07 am
@Laura. Unfortunately there's nothing to prevent someone from erecting a fence in their own property. Is your fence shared responsibility? If so then, the neighbours will still need to pay a share of the upkeep. If not then there's not a great deal you can do. (Check your title deeds to find out)
Laura 30/04/2015 at 5:29 pm
My neighbours have just erected a new fence, the problem is that they have left the old fence up and put the new one in front of it, leaving the old one in my garden. It looks awful now but they don't want to take it down as it will be a fair bit of work and because they put the new fence in front they can't see it. Is there anything I can do as I can't take the fence up myself and can't afford to pay someone to do it. I maintain my fence on the other side.
ProblemNeighbours Editor 06/05/2015 at 2:48 pm
@sam. Just because you had erected a fence at your own expense does not mean that you own the land unfortunately. (There's sometimes a case for adverse possesssion but 10 to 12 years is usually the minimum for this).
sam 30/04/2015 at 12:31 pm
Hi, I wonder if you could give me some advise. I live in a semi detached house in 2006 I placed a boundary fence line between my garden and neighbours garden as there was no fence there only small old posts.His garden was overgrown causing a danger to my children playing in the garden. The fence line was on my neighbours side according to the deeds however he refused to put up the fence. We then put up a new fence at our own expense and the neighbour singed a document to say that we had done this at our own expense.The neighbour has since sold the property to a developer who is in the process of converting the house into flats, subsequently dividing the garden into two parts. I came home the other day to find his builders hammering battens into my fence and asked him to stop. I have written to him to explain that the fence is mine however he has written back stating that the fence is his according to the deeds and whatever agreement I have was with the previous owner. Please could you advise me how I stand legally in this matter as the fence has been there since 2006 and I maintain it. Thank you.
Jay 28/04/2015 at 11:08 pm
Hi, my Neighbour is planning to build a two story extension to the side of his property up to my boundary, thing is I have a very old holly tree which is just in my boundary , does he have the right to cut the roots off on his side in order to start the build?
It is my concern that this will inevitably kill the tree.
ProblemNeighbours Editor 05/05/2015 at 11:53 am
@harry. You will need to check your title deeds to see if there are any conditions/covenants relating the drive/access routes. The deeds may also give an indication of the original boundary line...you can verify this against Land Registry records too.
Harry 28/04/2015 at 1:57 am
Hoping that you can advise me. I took down some fir trees by the side of my house which were over the side of my garden fence. These trees were originally planted by the previous owner of my property many years ago and were getting very tall and costly to trim down every year. After taking the trees down I can now see to my fence etc. These trees were along a shared road access to two other houses. Yesterday one of the neighbour who lives opposite my garden told me that she wants to Tarmac the area where the tress had been and wants us to agree to paying a third of the amount which also includes tarmacing my driveway leading to my garage which is situated at the bank of my house. Just need some advice as to where I would stand with this request? As far as I'm aware the 3 foot wide area where the tress had been along my fence was my part of the boundary and ofcourse the driveway to my garage. Nothing is obstructing anyone and the road access to their properties has not been touched in any way whatsoever. There is no damage caused anywhere either. We do not want to fork out for work that is not required and furthermore why should I lose 3 foot of my boundary to have it tarmaced along my fence. As for my own driveway, surely that is up to me and besides it does not even need doing as its already tarmaced and kept clean too.
ProblemNeighbours Editor 01/05/2015 at 1:01 pm
@Kim. You should ask the neighbour to request a copy of their deeds and you can also apply to the Land Registry for information they hold on ownership and access rights.
Kim 27/04/2015 at 9:32 am
To the left side of my home is a dead end ally way not being used by us or our neighbours except it gives us both access to our back gardens. On our deeds with the drawings of the land that ally way is marked as if it belongs to us but our neighbours don't have their deeds and they think it is shared. There is nothing in our deeds about any shared acess. Are we to believe the dead end ally way is ours? And if so does that mean we are able to extend our garden ( still keeping ours and neighbours garden access) and use their fence or legally would we have to out our own in but next to theirs?
ProblemNeighbours Editor 01/05/2015 at 12:50 pm
@mary. From what you've said, we don't know how long the trees have been there, whether they form part of the boundary, whether they are supposed to be on the neighbour's sided of the boundary or whether the fence is yours/your neighbour's/shared responsibility, so cannot really advise here.
mary 27/04/2015 at 12:55 am
We want to put a new fence up but neightbour won't take down the two trees. The trees are over our boundaries including the roots. They are also pushing out the old fence. What are our rights?
ProblemNeighbours Editor 01/05/2015 at 12:43 pm
@BT. Whose responsibility is the original fence? Yours, the neighbours or shared?
BT 26/04/2015 at 11:46 pm
Hi,I come home the other day to find one of the neighbours to the side of my house had put a new fence up inside where the original fence was but then have ripped the original fence down and left holes and missing panels in the fence that was adjoined to the original fence(other neighbours fence),they have left my side a total mess but now know where I stand on the matter
ProblemNeighbours Editor 29/04/2015 at 11:58 am
@Alice. You would probably have to resort to court action (or at least a solicitor's letter) to get them to move the fence back. Your brother's deeds together with land registry records should give you some detail as to the boundary positions.
Alice 24/04/2015 at 12:34 am
My brothers garden is long & narrow, the fence was at an angel wider to the top end of the garden his neighbours has slowly over the year been moving the fence in line with there house making the top narrow they even removed concrete slabs to do this. My brother suffers with depression since our parents deaths and just gets angry at his self for allowing them to do this. Because its been over a yr can he and me contact anyone to get them to move it back. I must state we have spocken to them and well I can't write what they said ill get blocked. Plz can you advice
Thank you
23/04/15
ProblemNeighbours Editor 28/04/2015 at 2:18 pm
@moanycow. Get a copy of your house deeds and check where the boundary should be - you may also need to check this against HM land registry records too. Your deeds should also give you any information about the fence, whose responsibility it is etc. Talk to your neighbours about this once you've got all the information. Simply digging up etc, would not be in anyone's interests.
moanycow 23/04/2015 at 5:19 pm
My neighbours replaced a fence between our adjoining driveways but believe it has been erected in the wrong place as if I was to re-erect the gates that were there originally,the supporting post would be on their side of the new fence.
Could I re-erect these gates and dig up their drive for the supporting post or what could I legally do to have the fence removed and replaced in the correct place for my gates to go back up? Cannot afford surveyors or solicitors.
ProblemNeighbours Editor 20/04/2015 at 12:15 pm
@tomw. Assuming this is the rear fence (fences at the front can not usually be higher than 1m), then as it's shared you'd need to agree any changes. There is nothing to prevent you putting up another fence on your side of the boundary, but you would still need to be able to access the original fence to do your share of repairs etc.
tomw 17/04/2015 at 6:28 pm
I live in a semi detached and share a fence with our neighbour. My issue is that the fence is only 3 foot high and I want to have it replaced with a 6 foot fence (for better security and privacy). I have no problems with my neighbour however he seems very resist to changing the fence. I've even offered to pay for the whole thing. Where do I stand and what action can I take??

Any advice would be really helpful
ProblemNeighbours Editor 16/04/2015 at 12:32 pm
@Sid. We cannot really advise on how a court would act, but the hedge and ditch presumption is not always relevant nowadays (especially where a ditch is no longer in use/needed).
Sid 15/04/2015 at 4:23 pm
Hi, My neighbour has a dispute with me over the ownership of ditches surrounding my property.
There is no dispute over the actual boundary, just the ownership.
I am writing back to his solicitor at the moment asking for there to be joint ownership.
The" hedge and ditch" presumption favours me in most cases, but don't want a long and costly court battle.
Was just wondering if joint ownership, i.e., I own my side and he owns the other with an imaginary line running through the middle, is something the court would favour.
Regards
Sid
ProblemNeighbours Editor 15/04/2015 at 10:01 am
@Scunnytoon. Unfortunately, unless she can prove the tree is doing actual damage (sap and leaves in the gutter do not count), there's not a great deal your mother can do about this tree. She is entitled to cut back any tree branches that are overhanging her property as far back as the boundary.
scunnytoon 13/04/2015 at 12:21 pm
A very large tree overlaps into my elderly mothers front garden. The tree belongs to the proprietor of pub. The tree produces a sap which unables anyone visiting my mother to leave their cars in the front garden. When the tree sheds its leaves , her garden and guttering are full of leaves. I hate to imagine the consequences of the tree roots and the damage it is possibly doing to her property. Quite recently there was a high wind and we thought the extremely large branches were going to break off and cause some damage. Coincidently a few years ago my mother had a large tree removed from her garden due to the pub proprietor complaining. However he hasn't fulfilled her requests to even have the tree cut back. Any suggestions as to who might be able to help get this sorted?
SS 12/04/2015 at 11:08 am
Hi, thanks for replying. I don't know who is responsible for the fence. I bought the house recently and both neighbours claim that both fence is mine. I haven't received the Deeds yet.
This fence that we have the problem with is the left hand side. I feel that this neighbour is bulling me and I feel so intimidated as I am sacred to let my dog into the garden without me watching her. I live on my own with my daughter. He keeps complaining to the council for a multiple false reasons. For example I had broken pipe on Saturday and builder working to fix it then I had a guy from council with a letter for noise pollution.
I really need some help and advice how to deal with this. I have called council but they said that this is civil matter and you need to sort out between one and another. Many thanks again
ProblemNeighbours Editor 13/04/2015 at 2:21 pm
@Natasha. The maximum allowable height for a fence in a rear garden is usually 2m. As for the access rights for the bins etc, your landlord will have full details of these in his/her deeds. Check with them over most of what you are questioning, including cutting down the tree. Even if he gave permission for the tree to be cut down and for the neighbour to access the garden to do so, it would have been courteous to ask you first.
Natasha 10/04/2015 at 7:44 pm
I am a 55 year old woman who keeps doesn't cause trouble but just goes about my business without any trouble. I am not noisy. I take my young neighbours parcels in for them when they come without complaining, and I put up with their mess in the front garden and back garden. However, I think it is mainly the girlfriend who has a problem because I rent the property and she is buying hers. Her partner seems to jump at everything she says and she acts very childish. If anything bothers her, she goes straight to the landlord, not even to the letting agents, which isn't fair on them.
They have now erected a very high fence in the back garden which blocks out our light. We have had workmen backwards and forwards through our garden while they have been erecting this. They never even forewarned us out of courtesy. I thought that they were only allowed access when it was bin day on a Tuesday! Please could you tell me my rights. Last year the husband came in to my garden while I was out and cut a tree down. He said he had checked with the owner as it was blocking their light!. Apart from everything else, I don't think it is fair that they don't keep the letting agency informed. It is rather underneath.
ProblemNeighbours Editor 09/04/2015 at 11:07 am
@SS. Whose responsibility is the fence?
SS 07/04/2015 at 3:22 pm
Hi, my neighbour has dug multiple holes all through out the length of the fence and therefore has made the fence unstable. It looks like he wanted to take the soil from under the fence to add to the soil for the patch of grass he was intending to grow in his garden. I wrote a polite note to him asking him to fill in the holes so my small dog does not slip through the holes into his garden. From this he complained to the council saying I have asked him to fill in the holes, and the council replied to me saying it was a civil matter therefore they cannot get involved. He also complained about noise from my dog barking in the morning when this never happened as my dog was asleep in my room at that time. When I first noticed the holes, one of my kids went to cover the hole with some slabs of cement, by which the neighbour instantly come outside and kicked them back away from the holes.
I would appreciate any advise, Thanks
ProblemNeighbours Editor 08/04/2015 at 12:16 pm
@shaz. She will need to speak with her local housing officer about this. There may be specific details on the tenancy agreement which will clarify the fence issues and also enable to council to act on the dog problem.
shaz 05/04/2015 at 3:58 pm
Hi my sister has been having problems with her downstairs neighbour for a long time, they live in council flats my sister has upstairs and has the side part of the garden the neighbour has the front garden and i believe the back is shared, last year the neighbour put a makeshift fence along where the side garden is at the front, before there was nothing there but a gap and this is because she has 2 dogs which she lets out in the garden and they crap all over the side garden, last year my sister wrote a letter to her to ask to pick it up as the grass couldn't be cut in that state she wrote a nasty letter back but did eventually pick it up and now it has become really bad again and now with good weather coming in will want to cut grass, i don't see why this neighbour cant let them out in her front garden or take the small walk to the field just metres away, can my sister take this fence down as she wasn't even asked and it is on her side? thank you
ProblemNeighbours Editor 07/04/2015 at 2:40 pm
@baker. If it's your fence you can put it whichever way you like as long as it doesn't protrude into the neighbour's garden.
baker 03/04/2015 at 11:09 am
I am putting up a new fence on the left side of garden as the old one fell down in the wind can I put the good side facing into my garden there doesn't seem to be anything legal to say I can't
ProblemNeighbours Editor 07/04/2015 at 1:57 pm
@louise. You can check the line of the original boundary on your title deeds and via the land registry. This should help you establish whether he's right or wrong before he proceeds with court action.
Louise 02/04/2015 at 5:52 pm
my neighbour of 8 years prevented replacement panels being erected on the grounds of a boundary dispute. if these are my fence panels and been in place for 45 years does he have any case here? I suspect he can afford the legal bills but I cannot. should I accept his argument?
ProblemNeighbours Editor 02/04/2015 at 11:12 am
@tina. Yes, you cannot attach anything to a neighbour's fence if it belongs to them. There is nothing to prevent you erecting your own fence on your side of the boundary....just make sure it doesn't touch the neighbour's.
Tina 30/03/2015 at 3:43 pm
Hi I'm in a council house with private owner to the left of me , I have put straw barrier on their boundary fence on my side of fence , posts ect ony side , I'm desperate for privacy as 2 teenage daughters and myself been intimidated by family next door , but have been informed by council it's there fence n I have to take it down as I'm not allowed to touch it ! Is this true
ProblemNeighbours Editor 31/03/2015 at 10:49 am
@Kay. Check with the planning department at your local council, they will be able to tell you of local restrictions. In general, a fence at the rear can be no higher than 2m and at the front, no higher than 1m.
Kay 26/03/2015 at 5:11 pm
Am I allowed to put a 5ft and a 3ft wooden or metal fence around the side of my home? At present I have 10 ft conifers that I'd like to remove, I live in minworth/walmley Sutton Coldfield Birmingham, I cannot seem to find anycovenant and I don't know where I stand on this.
ProblemNeighbours Editor 31/03/2015 at 9:43 am
@kidd. You will need to do some work to establish where the original boundaries lay. You can usually find this information on your house deeds and sometimes the land registry may also have information that you can compare this to.
kidd 26/03/2015 at 1:51 pm
My neighbour has recently replaced the fence in our back garden, the original concrete post at the back of the garden along with the metal post which are not visible are also still in the ground, does this mark our joint boundry? as he has put the fence up crooked and is stating that it is on his side? he has also attached the final fence post 4" in from the edge of our house wall, any help please ?.
ProblemNeighbours Editor 30/03/2015 at 11:46 am
@Ricky. The only way you can easily do this would be to erect another fence (even if it's just posts and wire) on the actual boundary. You could also try to get something added to your title deeds about the original boundary to ensure it's absolutely clear.
Ricky 25/03/2015 at 7:27 pm
We had a boundary hedge between us and our neighbours, this belonged to them. However, over the years we wanted some privacy, so we erected a fence running down the boundary line but about 6 inches in on our land. Since doing this the neighbours have removed the boundary hedge, there are just stumps left. We are suspicious that he wants to claim our erected fence as being the boundary now. How do we stand and what is our best course of action to ensure that they do not take ownership of our expensive fencing?
ProblemNeighbours Editor 26/03/2015 at 1:41 pm
@Paul. If it's his fence he can do what he likes with it. If you find it unsightly there is nothing to prevent you erecting your own fence or trellis on your side.
paul 24/03/2015 at 10:03 am
hi my neighbours own a fence to the rear of the property the panels are in excess of 9 years old and during high winds two of the panels split, my neighbour has leaned over the fence to screw batten to my side of the fence to stop the damage from getting worse, he never asked if it was ok and now I am left with two panels with large pieces of wood attached which looks unsightly do I have the right to remove the offending pieces of batten and push him to replacing the panels?
ProblemNeighbours Editor 24/03/2015 at 2:49 pm
@Ali. If the fence is leaning into her property it's effectively trespassing so technically she's within her rights to ask for it to be moved (if also a little pedantic). If it's posing a danger of course, you should also ensure that it is repositioned.
Ali 21/03/2015 at 6:45 pm
Hi, we have recently replaced all the fencing around our garden and installed a garden shed. Our neighbour(Ann) to the side of us was aware of our plans and allowed us access to her land to complete the job. The neighbour at the bottom of the garden, however, is unhappy as she says one of our concrete fence posts is now leaning sideways and it is affecting her view from her kitchen window!! I politely suggested she put up her own fence or planted shrubs to hide the view but she has declined. This lady has now written to Ann saying that she needs to contact a solicitor to compel us to straighten this post as it is leaning towards Ann's property. Ann is appalled at this situation and as neither she nor us can see the offending post anyway, she is unwilling to proceed further with this request. Any advise on what we should do, if anything, would be gratefully received before this ridiculous situation spirals out of control. Thank you.
ProblemNeighbours Editor 23/03/2015 at 2:24 pm
@wilmslow14. Firstly - planning laws usually stipulate that a fence at the front of a property is no higher than 1m. You do not have to allow the neighbours access to your property in order to erect it.
ProblemNeighbours Editor 20/03/2015 at 11:32 am
@clariabell. The boundary plans or deeds will show who owns the fence and whose responsibility it is. If it belongs to the neighbours then unfortunately they can do as they like. If it is your fence, then you are correct and they are causing criminal damage to your property. If it is a shared fence then you have equal responsbility for its maintenance and ideally neither should attach anything to it etc.
Wilmslow14 20/03/2015 at 2:13 am
Could I clarify the following situation please? Our neighbours decided to remove a small hedge at the front between our two houses and put up c2m tall wooden fence instead. The hedge is located adjacent to our front lawn. Assuming the fence will also be on their land, Do they need to advise us of their plans, and ask our permission to use our lawn to put it up?
I should mention we are not on good terms with each other re ongoing parking dispute.
ProblemNeighbours Editor 23/03/2015 at 11:25 am
@jdogg. Your deeds will tell you who is repsonsible for the boundary fence (whether that is a hedge, a fence etc).
jdogg 19/03/2015 at 5:07 pm
Sorry did not make myself clear. There is a hedgerow acting as a boundary between myself and the neighbours. They are going to cut this down and erect a fence between the two properties. Who will be responsible for the fence?
clairabell 18/03/2015 at 4:59 pm
Two months ago we replaced our back garden fence with a more costly sturdier one. This is the 3rd time we've had to replace it in the 13 years we've lived here because our neighbours have damaged the other two fences by piling soil up the first one, so it rotted and bent, and the second one they attached hanging baskets to it so it distorted and bent. The new fence is 6 foot and it is a partition between the two gardens. We own our house, they are council tenants. Two days ago they attached hanging baskets to our new fence on their side. They used long screws which poked through to our side, they have put a few holes in the new fence, and one of the wooden panels has split where the screw has gone in. My husband used a hammer to knock the screws back through and their hanging baskets fell off. They re-attached them within an hour. Today I have sent them a polite letter asking them to remove the hanging baskets because the wood will bend. I advised them that if they didn't remove them then I would contact the council and we would send them a bill to replace the damaged fence. They have sent us a letter back stating that they have phoned the council, who has spoken to the police, and the council advised my neighbours to ask us for the boundary plan for our property to show the rights regarding them putting hanging baskets on our fence. Surely if they are causing damage to our expensive fence then they are in the wrong!
ProblemNeighbours Editor 17/03/2015 at 10:21 am
@jdogg. You've just told us the fence is your repsonsibility, so as you say, anything that is done on the neighbour's side of the fence should not affect anything you erect or maintain as long as it is not attached to the boundary (your) fence.
jdogg 13/03/2015 at 6:29 pm
The left sided boundary is my responsibility, as pointed out by the new landlord who bought the house next door. I came home from work and my new neighbours had taken down their shed,which is on the left boundary,and replaced it with a new shed. However, there is now a two foot gap in the boundary that her dog and mine can get through. This also leaves my property exposed. They also plan to cut down a hedgerow that has been there for over twenty years and is beautiful in the summer, to replace it with a fence. The hedgerow looked as though it was originally planted on their property. I probably have no right to oppose this. Who will be responsible for the fence as my neighbours have only been here six months and might not even stay.
ProblemNeighbours Editor 06/03/2015 at 2:00 pm
@timmy. Your next step might be to try party wall mediator.
Timmy 04/03/2015 at 8:04 am
My neighbour has connected a fence panel directly to our garage and we have asked them to take it down but they wont, what can we do next ?
ProblemNeighbours Editor 03/03/2015 at 11:35 am
@Paul. Check the terms of the agreement to ensure there's nothing that relates to this or other repairs specifically. Has your wife's horse damaged the fence in any way? If so, it would be fair to ask you to pay. Usually you would expect the rental fee to cover the upkeep of the field unless stated otherwise.
Paul 27/02/2015 at 9:37 am
My wife rents a field for her horses off a landowner he has asked her to pay for some new fencing ,the fencing must be at least 15 years old my wife has been on the field a year .who is responsible for paying for the fence?
hazel 24/02/2015 at 12:45 pm
i am a home owner with a council fence running from my front gate to the bottom of my rear garden the fence posts are snapped i reported this to the council 9 weeks ago and am still waiting for repair can i get the fence repaired and bill the council as i was told if the fence belonged to me i would have to take it down or have it repaired straight away to make it safe can anyone let me know if i am entitled to get it repaired and send council the bill please
ProblemNeighbours Editor 26/02/2015 at 10:48 am
@Stevesimpson. No we've never heard of this rule. The nearest we know of, is the legal presumption that:Where a boundary runs along the face of a building it is presumed that the projecting eaves and footings are conveyed with the house, but that the air space between belongs to the adjoining land. In practice, the transfer deeds of many modern housing developments grant an easement in terms such as: "the right for the eaves gutters and foundations of the Property to protrude into or over and under adjoining plots on the Estate." There's no indication of a specific distance. There is some additional information here.
Stevesimpson 23/02/2015 at 7:57 pm
Have you ever heard of a 2ft rule? I'm new to the UK having moved from Australia, the neighbour in a row of terraces that side wall forms the end of my garden enclosure

He told me I cannot put anything closer than 2ft to his house wall even bins

However he stores his own bin in the place I had put mine on my garden end

The title on his plan and mine both show the garden is mine but I think he is trying to pull it over me. He also says it's because the Victorian terrace wall foundations are under the ground there and therefore he owns the land for 2ft my side

Have you heard of this?
ProblemNeighbours Editor 25/02/2015 at 11:58 am
@Sideentry. This depends on any rights of access that are written into for example a title deed. In general a right of way does not cease to be so simply because of a lack of use. You should seek legal advice from a land/conveyancing specialist.
sideentry 23/02/2015 at 12:26 pm
If you have had a piece of ground fenced in for over 20 years as part of your side entry to your backgarden and maintained it does the next door neighbour have any rights if they have not used it for over 31 years. Does this come under 'adverse possession' rights and do you have to register this fact with the land registry or does this land automatically become yours.
ProblemNeighbours Editor 23/02/2015 at 1:52 pm
@Mary. Yes this could be done - not sure what it would cost but you could ring around a few for different quotes.
Mary 20/02/2015 at 3:42 pm
Would a surveyor come and physically work out where the boundary was if he had the deeds to get an exact measure
Jane Brown 10/02/2015 at 9:48 am
I live in a four in a block, which has communal path and gate, the upper flat has just been sold and has been leased to tennants , the new owner has given the Tennant permission to remove the access gate, which now leaves the property open to a busy road. I have dogs and a toddler which can now get onto the road, I want the gate put back up I have stayed here nearly twenty years and the gates have always been kept closed never an issue.do I have rights to have the gate put back
ProblemNeighbours Editor 10/02/2015 at 12:20 pm
@bestorgchick. Where is the boundary and who is responsible for it? If the original posts formed the boundary and he owns that fence, then you should not have moved the posts. There is nothing to prevent you from constructing your own fence on your side of the boundary though.
bestorgchick 06/02/2015 at 9:37 am
i have a problem with a man who bullied me as a child and now ive moved back into my parents house after my fathers death is starting again. He killed my cats and although police involvement he pleaded ignorance and got off with it (despite telling another neighbour if he had his way all my cats would be dead) anyway you get the kind of human being im dealing with. mum moved out as she couldnt bear to live there next to him alone - so instead of property being empty ive moved in and the house is still my mums. when we moved in there were 5 old concrete post on the garden - 3 were broken and falling over and 2 stood up. approx 7 years ago the neighbour put a new fence up on his land leaving the old posts and privet hedge roots on my side - so when laying a new lawn i pulled these out - and now he is demanding i put them back??? he wasnt bothered about them for 7 yrs??? do i have to put them back - im feeling bullied and hate the man with a passion - what do i do ??
ProblemNeighbours Editor 05/02/2015 at 12:57 pm
@Robin. This is getting to the point where you need to seek the help of an impartial 3rd party. You could find a local mediator, but it would also be helpful to find a boundary specialist. Your neighbour is clearly not willing to act reasonably - even though you have both common law and specific legislation on your side.
Robin 02/02/2015 at 3:25 pm
Previously I raised an issue where my neighbour took our fence down in our rear garden and erected his own fence 200 mm over our boundary whilst we were on holiday. This fence is clearly shown on our title deeds as belonging to us (see below). When we explained that this constitutes criminal damage and trespass he responded by piling up against this fence bricks and garden furniture on his side so as to prevent us from replacing our original fence and reclaiming the 200mm he took over. He has also advised us in writing that he now proposes to erect a fence in the front garden. There is already a fence in place and in good condition that again is indicated on the title deeds as belonging to us. Our title deeds under the covenant section give us the right to maintain this fence on the neighbour’s side. If he goes ahead and erects a fence alongside ours this would prevent us from exercising that right.
1. Do we have the right to remove those obstacles so that we can put our own fence back to its original position and reclaim our 200 mm?
2. If he goes ahead and erects a fence at the front, do we have the right to remove it to get access to maintain our own?

Kind regards,
Robin
ProblemNeighbours Editor 05/02/2015 at 10:18 am
@Col. There's no specified distance...in fact the fence could be on or near to the boundary. However, under the Animal Act 1971, the farmer (livestock owner) is “strictly liable” any damage caused by their livestock trespassing on land owned or occupied by another. This means that the farmer (owner of the sheep) is also liable for the cost of reinstating the parts of your garden damaged by the sheep. Drop him a note saying that his fencing needs to be more secure and quote the above act.
Col 01/02/2015 at 7:57 pm
My property is surrounded on 2 sides by a field, a farmer has put over 200 sheep in the field and does not maintain his fence, so the sheep damage mine, my question is how far from my boundary should his fence be?
ProblemNeighbours Editor 30/01/2015 at 2:04 pm
@scout - does the hut owner have responsibility for maintaining the fences? Is it that finances are an issue? If you are using the hut at a discounted rate, could you suggest fundraising to get it repaired? You could get a safety/risk assessment done. Property owners have a duty of care to anyone on their property, so you could possibly enforce action under legislation. Your county scout association might have a access to professional advisers who can help with this too.
Scout 29/01/2015 at 7:49 am
I am a leader at a local scout group. The 40m long, narrow driveway to our hut is bounded by two neighbours fences (concrete posts, wooden panels).

The fence on the right side, going up, is in a poor state of repair. The panels regularly blow out or "flap" in the wind, causing a hazard to pedestrians and cars going to/from the scout hut.

The owner of the hut is quite aggressive, and refuses to address the issue.

What do we do? As an organisation, we have a responsibility to ensure the safety of the children.

Any advice would be most welcome.
ProblemNeighbours Editor 29/01/2015 at 12:55 pm
@Colty45. How would that affect your future building rights? Most development permissions are based on proximity to a 'boundary' and not a wall, so it should not make a huge difference.
colty45 27/01/2015 at 3:53 pm
Advice needed.My next door neighbours are asking if they can build a wall on the boundary between our properties.We are good friends but I think this could impede my building rights in the future.Can anybody give me advice about building walls on the border of properties.Somebody may have seen/done this before.
I do realise that we need to establish where the legal boundary is between both properties.
Advice appreciated.
ProblemNeighbours Editor 22/01/2015 at 9:52 am
@number71 - There's nothing to stop you from contacting the landlord/owner. Clearly the management company is not doing its job effectively and the owner's might want to know about that.
ProblemNeighbours Editor 21/01/2015 at 11:26 am
@property owner. You may have to seek independent mediation if you cannot agree. If you neighbour's deeds indicate a T on your side then that does suggest you have responsibility and there's a chance that is has simply been omitted from information somewhere along the line on documents related to your property. What is the pattern of responsibility with other neighbours' fences? Does this help with an indication as to how yours may be allocated?
NUMBER71 19/01/2015 at 5:03 pm
To the rear of our property all boundaries are fenced. The deeds show that each property is responsible to maintain the bottom and right hand boundary. To our left hand side we have been without this entire fence, total 6 panels, for 13 months now. We know who the owners are although they do not live there, the property is rented. I have spoken to their letting agent and maintenance company - no progress just waiting to hear from the landlord!?!! Can you please advise what we can do now? Are we allowed to contact the landlord/owners our self?

Thanks
PropertyOwner 18/01/2015 at 2:07 pm
I have a dispute with my neighbour the responsibility of repairing a broken fence. His title deeds show a T on my side whereas my (later) title deeds do not contain a T at all. How can disputes over discrepant title deeds be resolved? Many thanks.
poppy 16/01/2015 at 11:31 am
We own our house but the garden fence adjoins a council house. It was damaged in recent bad weather. Now his dog (which bites) can get into my garden. I went round to tell him his dog was in my garden. He just said I had better ring the council then slammed the door. We live in scotland. Who is responsible for the fence ?
ProblemNeighbours Editor 13/01/2015 at 11:51 am
@Robin. If he has removed your fence - it's criminal damage - if the new boundary fence is on your side of the listed boundary then it's also trespass. You may have the law on your side, but try and approach this with caution, you do not want to create an enemy of your neighbour. Try negotiating via a local mediation service rather than legal action.
Robin 11/01/2015 at 11:41 am
While we were away on holiday our neighbour decided to take our fence down which shows clearly on the title deeds as belonging to us. He then put up a new fence and posts about 200mm over our side of the border line. The fence is only 1.5 m high and we were planning to erect a fence 1.8 m high. We were quite shocked that he did this without asking us. We have emailed him a notice of what we intend to do but he is being very hostile and noticed that he was now stacking up against this fence bricks and garden furniture probably to make it impossible for us to take it down without disturbing his property.

Can we legally remove this fence ourselves after giving him notice? And can we claim from him for the costs?
sport53 19/12/2014 at 7:13 pm
I own a boundary fence,my neighbour has just built a concrete ramp two inches away from the fence,the ramp is thirteen inches high,as my fence is a close board fence with the smooth side facing his property I now face the problem of not being able to replace any aged boards
Davieb32 16/12/2014 at 12:45 pm
Even though they installed two panels without our permission 3 years ago? They seem to believe that if we remove the panels we will be causing criminal damage?

Thanks for the initial response.
ProblemNeighbours Editor 16/12/2014 at 9:54 am
@Davieb32. No if your title deeds show that you have responsibility for the fence, the neighbour cannot simply claim ownership.
Davieb32 13/12/2014 at 7:49 am
I live in a Victorian terrace house and My neighbour is claiming ownership on the fence which divides the property on the left hand side - back garden. Because of this they are threatening legal action if we choose to remove and replace the fence. My understanding is that when we purchased our property we also purchased the fence on the left handside. Our deeds confirm the left hand boundary line is ours to maintain with a 'T' marking. However are my neighbours correct to assume that as they installed the fence (which is falling down) before we moved in they have ownership of that boundary line now? It turns out on closer inspection that it is only two panels they have installed as new, approximately 3years ago. The wire fence was installed 12 years before. As we're not asking for any money and we're more than happy to pay for the installation we thought there would be no issues so we gave them 30 days notice. But as you can see this is not the case. Help?
ProblemNeighbours Editor 08/12/2014 at 2:00 pm
@binkie. The general rule is that if it is within 2 metres of a property boundary the whole building should not exceed 2.5m in height
Binkie 06/12/2014 at 5:06 pm
My neighbour has put up a large shed right up to the fence between our terraced houses. This blocks my view and is an eyesore from my kitchen and my outside small garden . I understood that a shed should be at least 2ft away from someone else's fence
ProblemNeighbours Editor 05/12/2014 at 11:41 am
@tao. You will need to check your titles deeds but if the fence constitutes the boundary - you neighbour cannot put anything on your side regardless of who the fence belongs to.
ProblemNeighbours Editor 05/12/2014 at 11:33 am
@Rotweiler. Your titles deeds or possibly information held at the land registry should give you this information.
tao 03/12/2014 at 9:14 pm
my neighbour has run her guttering pipe along the boundary fence on my side of wall. she says the wall is hers and she can do whatever she likes with it. Please advise me on where my boundary begins
rotweiller 03/12/2014 at 7:33 pm
Can anybody tell us what documents we need to obtain to find out who actually owns the fences surrounding our gardens. i.e. the right hand side or the left. Its just that have been told by both sets of neighbours that we own the fence.
ProblemNeighbours Editor 02/12/2014 at 9:43 am
@EJ - unless there is something in your deeds (or your neighbours) there is actually no obligation to fence a property at the boundary unless a garden adjoins a field containing livestock etc. There is nothing to prevent you from erecting a fence on your side as you have already done. If therir children get hurt in their own garden by your dog, then you will be held responsible.
ProblemNeighbours Editor 28/11/2014 at 12:19 pm
@Jake. If there is no defined ownership in the deeds it's fair to say that it should be jointly maintained. Even if one party has 'utilised' the wall more than the other, that would be difficult to establish or prove.
Jake 27/11/2014 at 12:46 pm
Own a flat in an old Victorian house. There is a fence which was erected when flats were converted, about 12years ago. Behind the tall fence is a wall between garden and neighbours garden. This wall is now in bad repair and the neighbours suggest we meet 50/50 in expenses to repair wall.
Consider, on a quick peek that they have caused wall damage by resting logs, building material against it and also moving the top bricks as they became loose. There is no defined ownership of wall on deeds. As they are the only people to have access to the wall for years, and therefore may have caused the damage, are we jointly responsible for repair costs?
Thank you.
Kind regards
Jake
ProblemNeighbours Editor 14/11/2014 at 2:27 pm
@Owlsgs. Unfortunately, as you may see from the many other answers here, you will have to check your title deeds to establish who is repsonsible for any boundary fence, and where exactly the boundary lies. If the boundary line is correct but there is nothing to indicate which property is responsible for maintaining any fence there, then you have joint responsibility.
owlsgs 13/11/2014 at 5:10 pm
Oour neighbour has erected a fence on which we think is on our boundry line. There was no previous fence oto the front of our property only to the back but our neighbour has attached his new fence to our back gate ppost. We have approached him but he insists it is on his boundary but how can it be when all he's done is extended our fence from the back?
ProblemNeighbours Editor 12/11/2014 at 2:27 pm
@DOS. yes there is nothing to stop you erecting a very simple fence or marker along the boundary line. Your neighbours would not have automatic right of accession either.
ProblemNeighbours Editor 03/11/2014 at 9:42 am
@Tinatiny.That's sounds good so far. Fingers crossed
ProblemNeighbours Editor 31/10/2014 at 2:08 pm
@tinatiny. Yes you can erect the fence where it is supposed to be. You have already been through this process with the surveyor etc so you neighbour will not be able to argue. Once thing we are curious about: How is it that the fence has not already been reinstated? As it is so close to the 60 day period?
tinatiny 31/10/2014 at 11:52 am
they have now apologised and agreed we are right and given us a bottle of wine. I still feel unsure if they will change their minds again - hopefully not!
tinatiny 30/10/2014 at 2:39 pm
Help! I live in a house where the fence between my drive and the neighbours has been removed by previous owners. My existing neighbour i who has already taken some of our back garden and put a fence post on our land has now announced that he is going to block pave his drive up to mine and over the site of the old fence. I pointed out the clearly visible signs of the old 5 inch wide fence which we have drives measuring equally either side of but he said it is his. I have checked my deeds and they clearly state that the boundary is mine and contain a covenant that states I am responsible to erect and keep maintained a fence on this north boundary (it is the same all along the street he is responsible for his west boundary etc). I have told him this and had the boundary confirmed by a surveyor and the surveyor told given him notice that i would reinstate the old fence along the boundary within 60 days .at which point he was all agreeable and suggested we go halves on a wrought iron fence . 58 days later in the post we recieve a letter from him forbidding us to put the fence back unless it goes our side of the boundary (he then has 3 inches more drive than us and we possibly cant park down the side of our house) Can I reinstate my fence where it was? (and where they all are on the rest of the estate)
ProblemNeighbours Editor 28/10/2014 at 9:38 am
@ja. It's not really clear from the way you've described it but no, it does not sound like you would be permitted to fence off the right of way (even if it supposedly ends there). If you check your deeds we expect you will find that the right of way does not belong specifically to your property. You can only erect fences/other structures within your own property boundaries and you cannot block a right of way. You could write to the council and ask if they would consider erecting a fence where they say the right of way ends.
ja 25/10/2014 at 11:14 am
we bought a council house in a terraced row and are 3rd in which the council say is the end of the right of way as the top entrance is for our 3 houses and the bottom right of way is for the bottom three and that we don't have a right to use it, we are now considering putting a fence up within our boundary line does anybody know if we need council permission as we will not be encroaching on next doors boundary and we have it in writing that we are not entitled to use the bottom half of the yard to drive across and we now don't see why the bottom three houses should be allowed to drive on our land to get to their properties when they should be using the bottom access way we have lived and used both access points for 27 years and this has just come to light due to none resident parking which the council are refusing to sort because we don't live within the three houses with the access to the blocked entrance. All other tenants have been in the properties less than 20 years are we allowed to fence with there being another access point that neighbours can use to get to the properties
shaz 22/10/2014 at 11:00 pm
my neighbour and I have a boundary fence between us, he took it down several years ago and put panels up, it is now an eyesore not even straight panels added to panels. I have bought a new sturdy fence as most of it blew down with storms but he now says ive not to touch the fence that's remaining even though im replacing it with a better one im at a loss as to what to do,
ProblemNeighbours Editor 21/10/2014 at 1:56 pm
@chrissie. You should find out whether agreement was made between the neighbours when the extension was originally built and if so, whether anything relates to it in your title deeds.
Chrissie 19/10/2014 at 7:45 pm
My neighbours have an extension which goes right up to the border of my house. They also have guttering that overhangs my rear house boundary. Is this okay? What are the rules on extensions and guttering/ air vents attached to them? Thanks.
ProblemNeighbours Editor 20/10/2014 at 12:28 pm
@shirl. First you should have a discussion with him and inform him of the facts/rights relating to your ownership of the fence and his attachments. Asking to re-erect the trellis so that it is free standing. If he doesn't then you may want to find an independent mediator to help you solve this before taking legal action. If mediation doesn't work then legal action may be your only alternative. Look for a specialist solicitor with knowledge of boundary/fence issues.
shirl 17/10/2014 at 6:03 pm
I have returned home after a trip away and was able to check the trellis which our neighbour has installed. It is firmly attached to our fence, all the way down from top to bottom. We paid over £1000 for our fence and it has concrete posts with panels which can be slid in and out for maintenance. Now that the trellis - and also his garden gate - have been attached to our fence panel we will be unable to remove it for maintenance. I am under the impression that neighbours cannot attach anything to our fence without our permission, am I right? Not only that, the trellis takes our 2m fence to about 2.7m which contravenes planning laws. We will go and speak to him at the weekend, but what can we do if he refuses to remove the trellis and gate? We can't do it ourselves as it would involve going onto his land via his front garden, because the trellis is attached all the way down from the top to the bottom of our fence so we can't reach it from our side.
ProblemNeighbours Editor 17/10/2014 at 12:27 pm
@martyn. It really depends who is responsible for the fence (check your deeds). If you speak with both neighbours, it's pretty likely that they won't object as you're effectively doing them a favour.
Martyn 16/10/2014 at 10:12 pm
Hi. A complete fence panel connects between both properties of our neighbours and mine as one piece at the bottom of our garden 50% overhangs on to my side and 50 % on to theirs. I have had new fencing and this 1 panel connecting both properties is rotted. Can I remove this and make good by replacing this fence panel with a new one.
What is my legal rights
ProblemNeighbours Editor 17/10/2014 at 10:45 am
@birdie. The neighbour has 'damaged' the other fences so should take steps to make them secure.
Birdie 16/10/2014 at 5:19 pm
Our back boundary fence was continual fencing off 7 houses backing onto a canal. One of the neighbours has replaced their fence sawing through the 2 adjoining sets of fence rails leaving these fences hanging loose and unsteady. Previously the whole fence for over 200 feet were all tied together as one continual fence. Does the neighbour have to "make right" the parts of the fence that are now left loose?
hettie 13/10/2014 at 4:45 pm
my neighbours dog keeps getting over/under my fence. is it my responsiblity to replace the fence with a higher one to keep him out of my garden?
ProblemNeighbours Editor 14/10/2014 at 2:23 pm
@shirl. No if it is a shared boundary you have joint responsbility for the fence and it shouldn't have been removed without your permission. Your neighbour should not attach anything to the fence that is located within in your property (that amounts to criminal damage) nor should it be higher than 2m (including a trellis) without planning permission. You should write to him asking him to remove the trellis and reinstate the original fence on the correct boundary. Seek advice from the council or a property/boundary specialist if he fails to comply.
Shirl 13/10/2014 at 10:55 am
We have a house at the bottom of the garden & there was a small wall dividing us, around 30" tall, along the boundary. Rather than knock the boundary wall down we built a 2m fence in front of the wall, within our garden. The neighbour has now knocked the boundary wall down, effectively taking 6" of our property (even though the fence is in the way it is still our garden and is within our boundary). He has now attached a trellis to part of our fence, taking it over 2.5m high& they don't have planning permission (it is my understanding that any fence, including trellis, that is over 2m needs planning permission). Also, the trellis (a) appears to be attached to our fence without our permission, (though it might be freestanding but very close to it), and (b) is within our boundary which they appear to have claimed for themselves.
Can we get them to take the trellis down? Can we get them to re-build the boundary wall behind our fence? The trellis is our biggest issue: it is ugly! If they refuse to take it down, can we remove it ourselves, even though it is his trellis (it's on our land, possibly attached to our fence)
flummoxed 06/10/2014 at 7:39 pm
When my elderly mother was unwell, her downstairs neighbour had a conservatory built using my mother's balcony as a roof - the balcony was water-proofed at the time.

My mother died shortly afterwards and I inherited the maisonette, which I am currently trying to sell.

The downstairs neighbour is now complaining that the balcony is leaking over the outside edge into her conservatory - and that it is my responsibility to fix it. I have had a builder check it out, and he says it's not my problem - downstairs disagree, and of course are scaring off potential buyers.

Should it be my responbsibility, and what can I do about this?
Mon 06/10/2014 at 5:28 pm
I'm just wondering if you can give some advise, my husband and I bought an end terrace property. What was unclear to me is the fence who maintain or who owns it, as we are in the corner, we put up a new fence to the left side of our rear garden, according to the previous owner we are supposed to maintain it,the right side was a tall fence that we assume that belongs to our neighbour, but we had a chat with our neighbour to the right side , he told me that we don't have fence in our property, and I asked why,they said, they maintain right side and our left belongs to our left side neighbour. I was shocked because we put a lot of money and effort to put up that fence. Then we've been told that it didn't belongs to us,I was upset my neighbour tried to drill the post and made a huge damage to the foundation of the fence. They didn't share any single penny to put that fence. Any advise please.thanks
Didi 01/10/2014 at 9:58 pm
Thank you for the prompt response and advice, much appreciated
nanny 01/10/2014 at 12:08 pm
does my neighbour have the right to remove a concrete boundary post ( put in place when the houses were built in 1929 ) and move my fence post ( which we put in 26 years ago ) and is situated on my side of the post. His claim is that the concrete post was put in the wrong place according to his measurements. How can this be right as the concrete post has never ever been moved?
ProblemNeighbours Editor 01/10/2014 at 10:12 am
@Didi. Whose responsibility is the fence? If it is definitely yours (rather than shared), then really the gate should not have been attached to it in the first place. However, as it was already there - even if the fence is yours, it would be courteous to 'make it good' either by altering it to fit or by purchasing a new one.
Didi 30/09/2014 at 7:29 pm
Do we have to 'make good' a neighbours gate that was attached to our fence? We only moved in 9 months ago and have replaced a fence adjoining their property, using concrete posts instead of wood, so they are also suggesting gate won't now fit. We'd like to get on with our neighbours but dont want to be walked over! Any advice will be appreciated, thank you
Badger 28/09/2014 at 4:52 pm
We have recently purchased a property which has a green house on our neighbours side along the boundary fence. This is not only dangerous for my young children to play on this side of the garden there is a privacy issue also. After having the boundary measured it turns out that the fence is actually on our land. .I cant erect a new fence at the side of the old one because of a drain. where can i go from here because my neighbours wont entertain a new fence as they have built a car port from there house to the fence and they will not remove the greenhouse,
Robbo24 26/09/2014 at 2:49 pm
My neighbour has put up a small lean-to which comes up to her boundary, she did this without asking me if it was okay. She then added guttering to the lean to which hangs over onto my property, the guttering has no end or down pipe so when it rains the water runs down onto my path. I have asked her to put a down pipe, she refuses, I have also put a down pipe on myself which she ripped off.
When the weather changes and it freezes the path will be an ice rink, I want to be able to put a piece of guttering up on it that feeds the water back into her property, can I?
jo 26/09/2014 at 2:18 pm
Thank you. But if he objects, which he will, does he have a leg to stand on?
ProblemNeighbours Editor 26/09/2014 at 1:43 pm
@Jo. If your neighbour is responsible for the fence, then there is nothing preventing him from building it to any height he likes. You could of course erect a fence on your side, but do not attach any part of it to your neighbour's fence.
jo 26/09/2014 at 9:34 am
Hi. We have lived in our property for 6 years and for the last 2 have not got on with our neighbours due to them not liking the fact that my kids like to play in our garden and balls sometimes ended up over the fence. They shouted at my kids on several occasions and consequently put all their balls in the bin rather than return them or come round and see us to let us know there was any problem and to try and resolve the issue. Anyway, to help matters the decided to replace 2 fence panels at the end of the drive, near our metal drive gate, which does not help the problem of balls going over the fence as its now half the height of what it was before at 6 foot. This was a year ago. My kids hardly play in garden now as they feel intimidated by them, my issue is the lack of privacy we now have in our garden which was not a problem before. Our kitchen window is on the side of the house, previously with all 6 foot fence panels dividing the garden and driveway we had complete privacy, but now 2 panels have been replaced with half the size fencing we can see out onto the neighbours drive (seeing them coming and going) and also out onto the street. We also have a german shephard who is at risk of jumping over the fence and escaping from the garden.we had the dog before the fencing was reduced. The neighbour never approached us re his plans or took us or the fact we had a dog into consideration. I wondered if we were legally able to put up 2 panels that are 6 foot back up on our side of his fence, against the panels already there? That way we have the same size fencing all the way down to our 6 foot gate (how it previously was), we have our privacy back, security in our garden (anyone could jump over the new fencing, defeating the object of our 6 foot gate), our dog would no longer be at risk of jumping over and there would be less chance of kids balls going over (not that they play much in garden anymore but my point is thats the neighbours issue with us so why lower the fences?!!) The land registry does not gone into much detail and if the neighbour can he will oppose it, whats your advice please and if I need to, who and where do I contact anyone for advice?
Debs 20/09/2014 at 9:31 pm
When we moved into our terraced house, there was a shared porch at the front and back. We soon gained planning permission to knock the shared porch at the back down and build an extension to the kitchen. We were very clear with our neighbours about how plans, in which they said they were more than happy about. We also paid for there extension so that there would be less fuss (they never once offered to pay for anything). Now we've knocked down the front porch and we are planning to build a standard porch just for us. They've had no problems with this. But today we rang them to check we could bring the "shared" path up as our new path leading to our new front door will be different, and we needed to pull some flags up for the foundation. Now they state we can do what we want as long as we fix their garden path and rendering. They say it's the law that we have to fix everything, even though they agreed for the porch to come down knowing some rendering would be missing and that the paths would need to change?
Where we do stand on this? Is it not if they still have access to their property it's fine?
bobbymcgee Editor 23/09/2014 at 10:43 am
@Vee. I'd hazard a guess that you will need a solicitor for this (get one that's a planning specialist or whatever).
Vee 20/09/2014 at 11:11 am
My parents party wall was removed back in 2008 and shifted more unto their garden, when the previous neighbour built a side extension. Law enforcement were involved and the roof was subsequently removed and they were told to remove the wall at a later date.
In between they tried to get planning permission 3 times rejected.
House was sold earlier this year and the current owners knocked down the wall and to our horror rebuilt verbatim what had been rejected before only difference they now have two sky lights installed. Checked and they now have permission granted in 2013. We were not consulted, can we dispute this and can the old case be reopened as the wall was never removed and put back to its original state as enforced back in 2008?
ProblemNeighbours Editor 22/09/2014 at 12:51 pm
@GB. Send them a copy of the sellers declaration from when you moved into the property. The developers will need to prove that it's your repsonsibility if they disagree. If it does turn out to be your responsibility, then you can erect whatever fencing type you like.
GB 19/09/2014 at 3:09 pm
Wonder if you can help. We have lived in our property for just over 12 years and when we purchased the property the previous owners declaration stated that they were responsible for the 4ft high wall at the end of the garden. The land registry plans and title deeds, however, do not indicate who is responsible for the boundary walls/fences of the property. When we purchased the property there was also a 6 ft close boarded fence erected on the other side of the wall although this has fallen into disrepair over the years. The land to the rear of our property has recently been sold and developed as an infill development and the decrepit fence removed. The plans submitted at the time of the planning consent describe the boundary between our property and the new houses as being a '1.8m close boarded fence' however the developer is claiming that the boundary is our responsibility and there is no obligation on their part to replace the previous fence. We are concerned at the lack of privacy that we will now have and whilst we know that we could increase the height of the wall (if it is our responsibility) we cannot afford to do this. So our questions are 1) is the previous owners declaration of responsibility for the wall legally binding on us in the absence of any other documentation and 2) even if we are responsible for the wall, does the fact that the plans for the development show a 1.8m close boarded fence on the boundary oblige the developer to install that? Thanks for your help.
singingteddy 15/09/2014 at 11:34 pm
My neighbour has cut a section out of our boundary wall to make steps onto our private road, as he says he has access to the rear of his property, however, he only has right to access to maintain his property, there is nothing that says he has right to gain access to my property, he did not ask permission to alter my boundary wall, and now he dumps his household waste on my private road 3 days before collection, which is 8 feet from my front door - what should I do??
trudy 08/09/2014 at 3:20 pm
I moved into a semi detached bunglaow 2 weeks ago. On clearing the garden this weekend I have noted that the neighbour has, or previous owner of my propery has lost a foot of our garden from a fence that is erected. going by the new roof and the adjoing walls separating us. the old post marks are clearly over in their space. Can i go round and poliety ask them to move this back if i do not know how long this has been like this do i have a right for this land back? my survey did not bring this up. as it was only a homebuyers, neither did the valuation. any advice would help, I do have original title deebds with width measurements of the front?

many thanks
MIKE 06/09/2014 at 11:58 am
my neighbour on right side is saying the damaged garden fence (on posts that sit centrally between our boundaries is my responsibility to fix., our other neighbours on left side say it is our responsibility to fix the fence on our left side when it needs repair .
Land registry searches have revealed my neighbour on the right sides garden all surrounded by red but ours is too ! are we jointly responsible for the red area (on our right )where the neighbour on our rights fence is also shaded red ? I hopev this makes sense !!!
any advice would be really welcome.
thanks
Mike
ProblemNeighbours Editor 05/09/2014 at 12:29 pm
@Claire. If the fence is their responsibility then they can do what they like with it. Their are laws about "injurious toppings" on fences that could injure people...but the generally refer to fences adjacent to a highway. The plastic cat deterrent spikes appear to be legal and apparently do not injure cats...they're simply 'uncomfortable'. If you see if from your neighbour's point of view it can be alittle unpleasant to have next door's pet visting your garden whenever they choose.
Claire 04/09/2014 at 4:01 pm
My neighbours erected a fence on my boundary 2 years ago (with my verbal permission). However, I've just come back from holiday to find they've put up sharp plastic spikes to deter my cat from sitting on the lowest part of the fence. Am I legally entitled to ask them to remove the spikes as it's my boundary, or are they able to do this as it is their fence? Have tried the RSPCA, the council and CAB but no one seems to know!
ProblemNeighbours Editor 04/09/2014 at 10:30 am
@Bumble bee. The boundary doesn't change because you have built an extension. You can replace the fence....but note there doesn't have to be a physical fence in place to indicate a boundary. It would help however if a boundary dispute were to ever arise.
bumble bee 03/09/2014 at 1:10 pm
I have had an extension built. There is a 3 inch gap between the old fence and my wall. Is my extension wall the new boundary or should I still place a fence between mine and my neighbour's land.?
ProblemNeighbours Editor 02/09/2014 at 12:38 pm
@Kim. Would they not need permission to build an outhouse? Does it meet or overlap the boundary? If the council's housing department will not act then you should try the planning department. There is in theory nothing to prevent someone taking down their own fence, but there are restrictions on what can be built. There are also clearly parking and access restrictions in place too which they may be violating.
Kim 01/09/2014 at 10:09 pm
I live in a mid terrace house that's ex council. There are 6 houses in my terrace, one of which is council owned. The back gardens exit onto an alley the length of the 6 houses where we have a garage for each house. There is a fence along the back wall of the alley dividing the gardens in the next road. Today one of the houses in the next road (whose garden backs onto the alley to the garages) have taken down the fence and posts, no permission or asking anyone, and there is now a trench where the fence was. The said they are building an out house. These people previously pilut a gate in the fence and started parking their car where our garages see then used the gate to get into their house. This was brought to their attention to stop and eventually they did. This new venture is flabbergasting. They have erected a new fence half way down their garden and the second half (backing on to our garage alley) is now bare with this trench where our fence used to be.yself and my neighbours are not happy and wondered if you could advise where we stand. The council said it's nothing to do eith them, even though one of the terraced houses snd a garage is council owned, and they suggested I call the police. Any advice would be gratefully accepted. Many thanks kim
Patch 31/08/2014 at 12:59 pm
I have lived in my house since 1982 ,it had a old manor drive way between my house and the next stores of approx 17" which gave both my and the next store approx 18" extra for a bundry side way. in 1983 the next stores bought the extra 17feet for the local council as it belonged to a school, they blocked it off and grow lovely flowers and shrubs. however the husband passed away and then after many years my lovely next store neighbour passed away in a nursing home. the house was sold to a couple who really have not been that neighbour, they spend money like water on stripping out every thing that was there before, the boundary is mine on this side to which they were unaware at the time, i have 6 lovely stained glass windows on this side to whioch my sunshine comes streaming in its lovely or it was i am also disabled, on a small income and i have cancer so doing any job is hard and tiring. they did not tell me but i found out when i saw my neigbour cutting down some of my shurbs without asking me that he was going to put in a 6ft panel fence on his side and a 4ft fence long his side so it did not cover my windows, that seem fine as i can not affort to do this, but what he did not tell me is there is now a 2" trellis on top of the 4feet fence so now my lvoely windows have an ugly trellis about 2-3feet form my windows, help? is this legal wothout even telling me first,
noviejean 27/08/2014 at 11:51 pm
Hello. This is my issue. I want to build an open sided carport 5 feet from my house, not touching in any way. The car port will run the whole side of my home. I have been told that I cannot do this that I must build it in my my back yard. I do not understand. Please help
Rose87 24/08/2014 at 2:42 pm
It has been brought to my attention that my neighbour garden fence has cross over to the boundary line of my property by approximately 300cm.

Can you advise on how best to deal with this issue?
high speed 23/08/2014 at 2:17 pm
The keeper of the land register of Scotland has written me 2 letters ensuring me, that the red lines on my land register are correct and also my measurements are correct. Next door are complaining that it is highly unlikely that my boundary can run through the centre of the manhole cover, that they think is on there land. Is there a web page that stipulates were a manhloe covers can be fitted or shared. Can a boundary run through a manhole cover
Barb 17/08/2014 at 1:57 pm
Its 2pm on a Sunday afternoon and I have spent the entire weekend listening to a power drill on the other side of my kitchen wall. I have now had to move from my kitchen (which is a conservatory kitchen) because two men are standing on the wall between my and my neighbours house drilling and chipping away at the wall. I believe this wall to be a boundary wall between the two houses and wonder if my neighbours are permitted to alter/changer/destroy or build against it without my permission. I have asked them to stop work (mostly because they are peering through my conservatory roof and I should not have to contend with that or their noise on a Sunday but they ignored me and I am slightly worried that they are overstepping their rights with their building works. Can you help?
frustrated 12/08/2014 at 6:42 pm
Mine is not a boundary issue however I have just discovered that my neighbour is building a 6ft fence along down his drive ending with a large gate at the end, this gate is half way up his drive and it will mean once erected I will not be able to get down the side of my property. I also have a window in the side as this is my dining room. The fence once erected will cover over 2/3rds of my window . The neighbours have not poke to me about this at all.
Do I have any rights at all that he is blocking my window and also will not be able to gain access to side of property therefore losing a triangle of land in between. Any help please
Murph 11/08/2014 at 4:47 pm
We recently moved into our house, and our neighbours fence is approx a foot inside the legal boundary on our side, towards the rear of the garden. The reason for this is that we live on a steep hill and it has been erected in this way for practical purposes. I do not particularly want the fence moved, but would like to know where we stand, i.e. can they claim that the fence is the new legal boundary etc? Am I protected by the legal boundary that is on our deeds? Many Thanks
Toppy 10/08/2014 at 6:30 pm
If there is an agreement in place that was made historically re boundaries, but land registry not notified of this, do I stand any chance of regaining my part of garden that is now taken? Thank you
cammers 10/08/2014 at 11:50 am
Hi we have lived in our house from new-build-almost 17 years. The original boundaries were marked with by simple, low fencing left by the builders. Approximately 15 years ago we replaced this fencing, on both sides, with 6ft fencing. To our right we shared the cost with our neighbour, to the left we paid the full amount as the property was empty at the time. Since then we have 2 further sets of neighbours to the left of our fence. Our current neighbours damaged the original fence 2 years ago. We replaced th4 broken panels and have the receipt to prove this. They have again broken 3 of the new 4 panels (children constantly playing football against it). We gave them the opportunity to repair or replace the broken panels which they refused to do. where do I stand legally? Regards
J j 08/08/2014 at 10:30 am
Hi I have lived in my house for three years, doing up the house from to to bottom to a high standard. We have replaced and nicely decorated all. Now we are saving up to do the garden, it was very over grown and in a sorry state. We have cleared all hedges and mess away leaving the fence falling down. We have decided to take it all down and also the wall and replace all. What I was wonder if I need to inform the council is my front and back garden are back to back only split by a fence (that is also falling down) we live on a corner so the front garden in on a bend of a small road going around on a cold e sack the back garden is on the side of the house. We would like to more the back garden fence (but a new one as if is falling down) forward four foot into the front garden hence giving more space to the back than the front. Do we need planning permission for this
Bridget 07/08/2014 at 4:35 pm
Thanks for reply regarding fence x boundary, I have checked my title deeds x with the council x know where the boundary lies, neighbour has taken some of land with his block paving, in total approx 10 inches, council have said I can erect a fence, this would mean however removing done of his bloc paving to put fence posts in as the paving is in my land, I have now written him a letter asking him to remove the blocks before I lay my fence, hence he has not replied, where do I stand with this?
Any help would be most helpful thanks
Wal 05/08/2014 at 6:45 pm
My neighbour has erected a small boundary fence at the front of our properties alongside my drive (that has never had a fence before) without my permission. Can I take this down or ask him to do this?
ShellyB 04/08/2014 at 6:01 pm
Good evening, I purchased a property in October 2013 ~ a semi detached. On closer inspection the attached neighbour's property has a small brick built porch to the rear with a large window overlooking my garden, the window sill actually encroaches my property. Also, today after speaking with a neighbour was told that previous owners of the said property "took" part of the top of my garden to build a very large garage!!??...After inspecting this today, I do believe it to be the case infact its a good sized corner chunk!! The owners of the property now moved in 2004 so I suspect the garage was built well before this along with the brick porch. I do have the deeds "in a safe place!" but wondered if there would be any change of 1) regaining my land and 2) getting compensation if not??..The owner of the property now is also a bit of a busy body and stands and stares into my garden from the said porch so I am in the process of erecting a fence between and he is saying I cannot block his light????....
ProblemNeighbours Editor 05/08/2014 at 1:33 pm
@jezza. There isn't really anything you can do to force your neighbour to erect the fence unfortunately. There is no general obligation in law to make someone fence in their land. What you could do is erect some kind of screening, trellis or even a fence of your own on your side of the boundary line.
jezza 03/08/2014 at 10:30 am
Moved in last november as i have become v passionate about gardening. December brought the storms and both sides of fences were pretty much devastated. Went straight round to left neighbours, told them id put a new fence up asap. (And did). Heard nothing from neighbours on right so left it until end Feb when i kknocked to find out. 'I'll do it when the weather gets better'. March/April/May, knocked again - 'yeah i will do it'. Its now August, weather's been amazing and nothing. I've even offered to do it, but he's a builder and insists on doing himseld. He promised me beg July he'd have it done that month - 'before the end of the month'. I said i was having a bbq (which i also invited him/wife to!) and had a small puppy coming around so he promised to do it by that last weekend of July. The ppuppy ran over and pee'd in their messy, unkempt garden and his wife screamed at me from the window!! If there was a fence - the puppy wouldnt have had access to their ugly horrible garden. I'm sick of seeing their garden and still waiting to plant any of my poor contained plants. I moved in 9 months ago and have been unable to do the gardening i had moved to do because of this damned fence. Or lack thereof. His wife is sick of me coming to the door.I dont know what else to do. PLEASE HELP!
ProblemNeighbours Editor 05/08/2014 at 11:21 am
@the hook. Firstly you need to establish whether the original fence is your shared responsibility (party wall fence). If it is, then you should actually have requested your neighbour's consent before removing it. Does the original fence follow the original boundary line shown in your title deeds? If so then your neighbour can actually do anything he likes on his own side of the boundary but is within his rights to want a fence to maintain his original boundary line. It's a strange thing to do, admittedly, but your neighbour has not done anthing wrong. If you take this to court it will be very costly and you may not be entirely satisfied with the outcome. Have a think about finding a mediator who specialises in boundary issues to try and resolve this amicably.
the hook 02/08/2014 at 3:06 pm
Hi.
About 2 years ago my neighober erected a fence roughly 200mm from the origanal fence. This left 2 fences, so I took down the origanal fence leaving my neibors fence as the boundary line. Now he is saying that the 200mm of land belongs to him. He does not want to move his fence back 200mm but does not want me to use the land either. Whilst I was out he took out his 2mtr fence panals and erected a 2 ft chicken wire fence on the 200mm line. In other words creating a void. Well you can imagin my anger when returning home. I took down his chicken wire fence and told him to do one. He insists that the land is his but does not want to do any thig there so the reason for the chicken wire fence was only to stop me claiming it. He says if I think the land is mine I must take him to court to claim it. My responce was that if he wamt his land back he must take me to court and not just to re-erect his chicken wire fence but to move his fence in 200mm. He still insist I have to take him to court and he will forcably claim his land back.and re-erect the chicken wire fence and leave his own fence in situ. I would be gratefule for any advice. One other thing he has no acces to this thin strip of land unless he removes his fence panels.
alphabite Editor 04/08/2014 at 2:19 pm
@liz. If there's nothing on the deeds that allows your neighbour access then it is trespass for her to simply enter your property. Ask her to remove the gate and reinstate a fence panel. Or simply erect something on your side to prevent her from getting through the gate.
Liz 01/08/2014 at 8:14 am
I live on the end of a terrace, my neighbour told us that she was replacing the fence between our two gardens. But without asking us (and whilst we were out of the house) she installed a gate that gives her access from her garden into ours. She says this is as a fire exit for her incase of emergency but she didn't ask our permission first and we've had to recently have words with her as she was opening the gate and coming into our garden, peeking around, returning to her garden and closing the gate (she didn't realise we saw her doing this as first). I don't want this gate to end up on the deeds to our home, what can I do?
ProblemNeighbours Editor 31/07/2014 at 10:27 am
@Bridget. You would have to examine the title deeds for the parcel of land in question, firstly to try to determine where the actual boundary is and secondly to check that no restrictive convenants are place that might prevent you erecting a fence.
Bridget 30/07/2014 at 5:05 pm
Question, I have a piece of land at the side of my house that is shared with neighbour,
I had mine gravelled with a wood border concreted in to keep the gravel in place. went away on holiday and have come back to find wood border has been moved, laid on top so is now wobbly and they have laid block paving on their side. previous to me laying my gravel neighbour was arguing that he wanted more of the land, I explained that he couldn't as he need to go with the fence line. I would like to know where I stand on this as he has gone over the fence line (not by much) I would also like to know if i need to get council permission to erect a small fence there to stop them walking over my gravel and making a mess.
Advice would be appreciated. many thanks.
ProblemNeighbours Editor 30/07/2014 at 11:11 am
@Matt. Check your deeds and see whose responsibility the wall is or whether it's a shared/party wall. If it's your responsibility, you could claim that by taking this action your neighbour has caused criminal damage to your property - which admittedly would be a little unfair to the neighbour. If it's your neighbour's responsibility then you should not have to pay. If it's a party wall your neighbour should have served you with a party wall notice to which you could have given your dissent. In reality, you now have a new fence where it would have been needed at some point soon. You don't have the money to pay for it right now, so may be you could come to some arrangement whereby you pay your neighbour back in instalments.
PS 30/07/2014 at 2:17 am
I HAVE HAD MY PROPERTY LINE MARKED. THE END IS OVER ABOUT 2-1/2 FT ON THE PROPERTY NEXT DOOR. HAVING ALL KINDS OF PROBLEMS WITH THEIR TENANTS NO OWNER ON BOARD. THESE PEOPLE EVEN BLOCK MY GARAGE SO I CAN NOT GET OUT. CAN I HAVE FENCE INSTALLED AS LONG AS I DO NOT GO OVER MY LINE? THIS WOULD CUT THEM OFF FROM GATE IN FRONT. THE OWNER WOULD HAVE TO OPEN UP BRICK WALL ON HIS SIDE FOR ENTRANCE FOR THE TENANTS. SHOULD I ASK THE CITY TO COME OUT AND DECIDE. I WANT THEM OFF OF MY PROPERTY THEY ARE CAUSING ALL KINDS OF PROBLEMS. POLICE SAYS CALL OWNER, HE DOES NOT LIVE THERE ONLY COLLECTS THE RENT.
Jackie 29/07/2014 at 6:50 am
We have just had an extension built. What are the rules regarding wall of extension facing neighbours garden. Can he put nails in wall e.g. for trellis. Or attach hanging baskets to the wall.
Joannet16 27/07/2014 at 5:09 pm
We are wanting to replace our 4' fence with a 6' fence in our rear garden but our neighbours are about 1 to 2' below us so would make the fence about 8' tall on their side but 6' on our side. is this allowed by law? I would be very grateful for your thoughts.
Chrissy 27/07/2014 at 4:55 pm
My neighbours have just put a fence up on the in side of my boundary there is now a no mans land of nearly 2ft in some places. This now means I now have 3 trees in my garden which I never had before also I need to take my fence down to clear brambles and ivy as it grows, the trees also have ivy growing up them. How do I stand with the law and this land and I do not want to be liable for these trees. Please can you advise me.
Chrissy
ProblemNeighbours Editor 25/07/2014 at 11:44 am
@advocat. That's right you can... but the fee is actually £3 now.
advocat 25/07/2014 at 10:05 am
For those who have disputes with tenants and cannot find out who the responsible land lord is - go on to the Land Registry. Type in the details of the property ( you have to pay a one off fee of just £2) and it will bring up the information on the owners.
ProblemNeighbours Editor 24/07/2014 at 12:00 pm
@want more garden. When you say the path is on your deeds, it's not clear whether the path belongs to your property, whether it's shown as a shared path, or whether there are any other covenants, rights of way, easements etc relating to the path. How long has the path been used for access to the neighbouring property? You will nee to investigate all these things before proceeding.
want more garden? 23/07/2014 at 11:34 pm
Hello

We are in the process of buying a property. It has a smaller garden then we would like, but there is a path that runs down the side and behind our garden leading to our neighbours garden, which is overgrwon and they never use. The path is on our deeds. We were wondering if we could move the fence out and back with the permission of our neightbours, but were worried about the right of way rules and wanted to do it fairly and legally, so no future neighbours could move it back to its original state?
ProblemNeighbours Editor 23/07/2014 at 2:13 pm
@muke byurne36. If you have the original plans/deeds and this is on your land then your only recourse is to prevent the neighbour from entering your property on the grounds of trespass - then if trees/shrubs are cut down...criminal damage. You may need to engage a good boundary lawyer/expert if you want to fight this. Alternatively could you erect a fence across the rightful boundary to your property?
mikebyurne 36 23/07/2014 at 11:32 am
Hello
i have a copy of my deeds which shows all my boundary , I also have the plans from the neighbouring properties left and right, the left property has a big 20 foot sandstone wall at the top of his garden which is the boundary marker as this wall used to run across the top of all the gardens but has since disappeared from the top of my garden, there is now a steep over grown bank there , at the bottom of this steep bank is a knee high wall build by unknown person, if you draw as a straight line as per the deeds and plans from the corner of my left neighbours wall it follows right across to the right neighbours this is the boundary for all three properties the wall should have been ½ way up my steep bank.

Both my left and right neighbours agreed this is correct and we have a good relationship , however about 5 years ago there was a new property built in the quarry above us all and this neighbour is not so nice , he / she have been on the bank cutting trees down and have even had the gardener stood in my garden cutting the trees from the bank . I have told them that their boundary is only top 1/2 of the bank, they both say we were told it was to the wall and point at the knee high wall at the bottom of the steep bank this wall is stepped in from the old wall about 10 foot , now before the husband move out he told me he had spoken to the person he bought the property off and I was correct about the boundary it was ½ way up the bank.

We have had an altercation with the wife as she has told us that she disagrees and has instructed her gardener to come this weekend and cut all the trees off the whole bank.
What do I do now please help
ProblemNeighbours Editor 23/07/2014 at 11:32 am
@Lofty. The council probably cannot help on this one unless your property is council-owned. You would have to take legal action if you cannot reach an amicable agreement. That would be a drastic measure and would be costly, not to mention bad for neighbour relations. Could you suggest to your neighbour that he construct something to hang baskets and lights off and share in the repair for the damage?
Lofty 22/07/2014 at 9:32 pm
Thankyou for your reply,don't quite know how to handle this without bad feeling,but they really should have been a bit more respectful with someone else's property,do I know get in contact with the council,can they help!!
ProblemNeighbours Editor 22/07/2014 at 12:44 pm
@Lofty - You are correct, as it is your fence, your neighbour needs your permission to do anything to it (including painting it, attaching things to it and even leaning something against it). Any damage caused could amount to criminal damage and you could claim any repair costs back from your neighbour. If the neighbour wants somewhere to hang baskets, lights and grow trellis plants, then he should really construct something on his own side of the fence to do so.
Lofty 22/07/2014 at 9:45 am
I have a very long fence dividing my garden and next door,the fence is ours.We got on very well with the neighbours but one day I found wiring all on my side as they decided to put in lighting of about 8 lights with all the wiring and a pile of exess wiring left on my side.I told them I was not happy with this but in the end let it go and buried the exess wiring in my garden,they said they could do that as the fence is on their side,I ask them not to put anything else on the fence,but they have since hung a ladder,a climbing plant which gets tangled in my bushes and also hanging baskets,surely as we own the fence and would have to replace it they have no rights without asking to keep putting in holes and hanging things from it.It's a very long fence,with boards one,one side and one the other side all along.I did ask them not to when the wiring appeared but they continue to add to my fence.Please help
sonka 20/07/2014 at 1:21 pm
Hi, our neighbour's fence was blown over in autumn (!) into our garden, we cleared everything up and approached his tenants several times that he needs to put a new fence up - not only it has opened up our garden to any unwelcomed visitors but the splinters, planks and nails are a great danger to our kids. We offered to find a local tradesman who would erect a new fence, providing the owner pays for it. (we're talking £300-£400). The owner apparently said it was too much and he can find someone cheaper. That was 5 months ago.
We have asked the tenant for owner's phone number to speak to him directly and also put two letters through the letterbox. The tenants disappeared over night and we have no-one to contact. Local council has given us no information and citizens advice bureau was the same....the last think I want to do is to go to court with an "unknown" owner of property... what now?
Steb10 19/07/2014 at 8:03 pm
Hello I have been In my property for over 30 years and have a boundary fence with a gate into a field on the covenant it say I have to maintain the fence and gate, which I have replaced many times over the years do I own the gate/ fence which I erected and maintain or is it the owner of the field next door who now claims it's theirs
jo90 19/07/2014 at 1:45 pm
new neighbour removed boundr y posts fitted grass up a bedroom
Rubytuesday 19/07/2014 at 4:15 am
Please please please help . I bought my house 4 years ago it's 67 years old I have all the title deads and boundary tile . My next door neighbours fence from street to end of garden is 110 feet on the other side it goes to 116 feet meaning it goes back a further 6 foot . The neighbour at the bottom has lived there for 35 years and just sold , being a good neighbour I went to the new owners as they were doing a lot off work and introduced my self as the owner of the bottom of their garden . Started off by saying I believed at the time it was a shared fence and was going to say I was happy to pay half off the cost off a new fence . I was stopped in my tracks to be told that there was some off Their land missing .well as you can imagine I was very upset at this I said to the couple please come to my house and I will show you from my side that the boundary is where the back fence is and that starts at the 116 feet goes all the way at the back off there garden . To cut a long story short I got all my paper work out and found I am the owner off the back fence so wrote them a letter to say this and that i will be replacing the fence that's been there for 35 years And does need replacing .well got a message from them they wont to come and measure my land and if it's wrong will go for land that was his words well I am so unhappy with his response that I have told him not convenient how dare he think he can come into my property and measure when I have given him copies of all the necessary paper work witch show clearly the boundary . Also the original. Fence is still there they are trying to say where the next door neighbours fence finished at 110 that's where the property should end giveing then 6 foot of my land of witch I have a summer house that's been there donkeys years and a brick built shed so it would run straight through that when quite clearly my boundary starts at 116 as the deeds states and runs along where the fence is not where the next door neighbours garden ends . Well it looks like I am in for a long battle but I do have all the correct paper work and shows my boundary as it is . I only went there to be kind and say about replacing the old fence and pay half and this is what you get . Well thankyou for reading this it's now 4 in the morning and sick with the worry of this . Good nite
ProblemNeighbours Editor 18/07/2014 at 2:24 pm
@smallmother. This is really a matter for your landlord and for the police.
smallmother 17/07/2014 at 8:06 pm
I live in a four-in-a-block flat in Glasgow. I live in the upper flat with side garden and common pathway. My neighbour downstairs has back and front door. They have totally stopped using their front door and pass by my door all the time, even when I'm there with friends, grandchildren etc. I want to build a fence and gate with a lock and open it the night before the bins are due to be emptied so they have access. They
also put a gate on their fence which backs onto the back garden behind us and this lets their neighbour friend also use my path as a right of way too. I paid for the new pathway myself. This next part is my main concern. The neighbour molested his step-daughter from the age of 8. she was never able to go to court so he wasn't convicted but the detective who was in charge of the investigation told her to claim damages and she would give evidence on her behalf saying that they believed her and were not looking for anyone else for the offence. She was awarded damages. He passes when my 5 year old is there ALL the time and I don't want him to be able to do this. His wife condoned what he did so I don't want either of them having access to my family. Is there any way I can do this…
MARGARET 14/07/2014 at 5:11 pm
I am a tenant of MHS and had a fence put in through Menu improvement scheme about 7 years ago. The next door house has now new nighrbours and they have dug they bank away that my fence stood on and have put up railway sleepers to bank the mud area and now my fence has come lose and it now moving, mhs said they'll repair it but the neighbour is being funny and warning that they cannot damage their plants. Can I just have the fence removed and leave the boundary to them as the fence is on my side and their drive is alot lower then mine.
ProblemNeighbours Editor 11/07/2014 at 12:35 pm
@Mrs P. It may well be that it is a party wall by default. A wall is a "party wall" if it stands astride the boundary of land belonging to two (or
more) different owners. is part of one building, or separates two (or more) buildings, or consists of a "party fence wall". A wall is also a "party wall" if it stands wholly on one owner's land, but is used by two
(or more) owners to separate their buildings. An example would be where one person has built the wall in the first place, and
another has built their building up against it without constructing their own wall. Only the part of the wall that does the separating is "party" - sections on either side or above are not "party".
Check this out before proceeding.
MrsP 11/07/2014 at 10:25 am
Hi, we had neighbours move in next door (we're not attached to them but our houses are only a metre from each other), they decided to do a ground floor extension and asked us if we would mind not putting in place a party wall agreement to save money, but they'd put right any damage. We agreed to this on the basis that when we do our ground floor extension that the same applied and they agreed. They have done their works and now we're in the process of starting ours they've asked for a party wall agreement or they will take out an injunction to stop us. We have a verbal agreement and can prove that we never took a party wall agreement out with them, where do we stand if they order an injunction?
Thanks in advance.
dunno really Editor 11/07/2014 at 12:38 pm
@Confussed. I guess as long as the fence is not on the other side of the boundary line (i.e the posts) then the fair side can face your mums garden.
Confussed 11/07/2014 at 10:00 am
Hi

My mother is currently in the process of replacing her rear garden fence, are there any laws in respect on who should get the fair face (feather edge boarding) and who gets the post and horizontal rails (She is paying the full cost of the fence and the deeds state that the fence line is hers

Kind Regards
ProblemNeighbours Editor 10/07/2014 at 9:49 am
@Jane123. You will need to check your title deeds to see what they original or stated arrangements were for the drive.
Jane123 09/07/2014 at 10:22 pm
Hi our problem is, we had an extension built last year. We had to remove part of our fence so the builders could bring in machines etc. We asked our neighbours permission to use his shared drive way to access our land and he agreed. We did not ask the other neighbour with whom he shares the drive, as the no longer live in the property and now rent it out. We have since erected a new fence with a gated access. We have told the first neighbour that we will only use with their permission or in the event of an emergency. This neighbour has now contacted the second neighbour who is now objecting to the gate. I feel that the first neighbour has contacted the second neighbour as they are not happy and want to pass the buck to the second neighbour. The second neighbour lives abroad so I don't know how this will effect them anyway. We don't intend to use the gate on a daily basis. The drive way is not even next to their house. We don't want to remove the gate due to costs. We have been advised that we don't even need to have a fence. The second neighbour says we have created a right of way, but surly there was a right of way without the fence? Surely we can erect whatever we want on our own land?
ProblemNeighbours Editor 09/07/2014 at 11:01 am
@Kate. Sorry it's not really clear from your question...but: Is the wall a party wall? If not whose responsbility is it? Would your extension prevent the neighbour from building their own extension?
Kate 09/07/2014 at 12:03 am
My neighbours are objecting to us having a shower room extension done for my elderly 90 year old mother. They don't want the boundary wall rebuilt as the council say that they would build a new wall, but they say they want to render the wall and they want to build an extension but I think they would have done this before if they wanted to. Also they are talking to neighbouring and telling them that we wanted to demolish the wall without telling them and turning them against us. Also my mom has a disabled parking bay outside and they are parking right up to the line, making it impossible for us to park the car in the stop sometimes as they have 3 cars and they park one either side of the car. They also told me that if the car is up to the line don't call them to move it. This shows that they are doing this on possible. Will they be able to stop work as council are doing it. Is there anything that can be done?
Quietlife 06/07/2014 at 12:35 pm
Hi, I own a mid terrace property (Scotland) and the neighbours either side are council tenants. The neighbour on one side has been causing some issues and her children have been climbing into the garden, damaging the fence and throwing rubbish into the garden. Having asked her if she could stop the children doing so I was met with hostility. I'd like to put up a tall fence all around the garden but am not sure if I can do so as I'm not sure if I need the councils' permission to do so? (can't really see the problem neighbour being approachable about it!) Help!

Thanks
bookworm 06/07/2014 at 11:15 am
houses were built beside my property, the builders put concrete blocks on the existing ones on my fencing, to bring the height of the fence up to the level of where the new houses are, their reason for this was to prevent flooding to my property, this has not happened

Also instead of replacing the wood panels which were now two feet above the concrete posts they tacked bits of wood along the top which are now warped

Also now the concrete blocks they installed are out of line, causing the wooden panels to 'bend', it would be impossible to replace the wood panels as they no longer fit the spaces between the posts now in situ.

The solution to my problem with fencing would be to have it replaced at the height of where the housing is, I contacted the land registry to find out where my boundary was and if the housing association that now own the land have any responsibility for the fence but they were un-able to advise.

could you help
bbman 04/07/2014 at 1:15 pm
I live in a mid terrace house and it has a ginnel between us and next door and the deeds show we own it on the title as our property overhangs it but we must give access when requested with Reasonable notice to the rear of their property. However previous owner didn't want access as they have another ginnel and access on the other side and a wall built to divide us but it sold and the new neighbours knocked it down without telling us and put a small gate but this now allows direct access to my garden and my dogs can easily jump that gate into their property. Is this legal and what recourse if any can I get.
TommyGun 03/07/2014 at 10:02 am
Hello,

I have an issue regarding a fence being put up by our estate agents, our next door neighbour who refused to foot the bill in replacing the fence is now complaining that it is too high and he wanted a 5ft not a 6ft which is in place at the moment. He said if it is not removed then he will take it down himself. I want to know does he have grounds to do so?

Kind Regards

Tommy
andysticks 03/07/2014 at 1:57 am
we have been living in our new new build home for just over 9 months and we have just recieved a letter from taylpr wimpey stating that it has come to their concern that boundarie lines are wrong and the rear fence of the garden which backs on to another plots garden and that has been installed by taylor wimpey them selfs has to be moved amd that they want to come and carry out works asap. Causing us now to loose land although ive taken a look and really cant see how and if anything may only be talking 6/8" which seems ridiculous.
I paid to have a fence wwith concerete posts put in when we moved which meets the rear fence of which im worried that they will cut gravel board and fence to shorten.
Can they do this or can I refuse?
ProblemNeighbours Editor 30/06/2014 at 12:08 pm
@Doc. What does it say in your deeds etc? That's where you should find all information about what maintenance charges cover and anything additional that you might have to pay for yourselves. Sorry without all the information we cannot really advise anything else on this one. Good luck.
Doc 26/06/2014 at 8:57 pm
Hi I live in a modern block of flats. . The flats are not 'through flats' .Some flats look out to the back of the building and some to the front. 5 of the ground floor flats have patios. which none of the other flat owners have no access to. However the patio owners say all flat owners should pay for the upkeep of the fence surrounding their patios because it is marked on the deeds as the 'boundary line'. This seems incredible to me. Can anybody advise please ?
Boztez 24/06/2014 at 12:47 am
Hi, I wonder if anyone can help. At the back of us is a small plot of land that doesn't have any deeds. Our neighbour has said that they are going to fence this land off as their own even when it is directly behind us! When we bought this house within the papers there was planning permission from the council that includes this plot of land at the back of us and it was agreed by the council. However this plot of land is not on our 'title deeds' for the house so cannot prove if this land belongs to us. The fence will also block our access to the road behind us which would be more suitable in adverse weather condition. Are they able to just fence us in if we are disputing that they own this land? Are we in a position to take the fence down if they do or can they just stick a fence up? We have photographs that show we have been maintaining this land behind us but fear as we have only lived here since February and our neighbours who have not touched this land for over 10 years are trying to nicely fob us off. :-(
Cher 23/06/2014 at 10:04 pm
I need some advice. We own our property and garden. We have a hawthorn hedge and a path at the rear. Also, at the rear of our property, we border housing association properties (ex council, which house the elderly).

We purchased our property in 1999. The title deeds clearly states and and the plan shows (the hedge and path) we own both.

Recently, the neighbours daughter and one of the neighbours, have removed 5 sections, thinned and cut our hedge the hedge in half. So, where they have removed it there is nothing there. Due to their actions we can now see what they have done. They have also removed the path and both have planted on it. They have also put roof sheeting as fencing right up against the base.

I did approached both neighbours and surprisingly they were unapproachable. I then visited the housing association and a housing officer visited both myself and the neighbours. After this they sent me a letter which says the neighbours have not done anything wrong.

I recently sort a solicitors help and after they contacted the housing association (as I do not know my neighbours surnames), the solicitors also received a letter which states a number of things but they deny their actions. The solicitors now tell me they cannot help.

I have many photos of the hedge at different stages after they removed/thinned/cut it. I also have video footage of me pleading with the daughter not to cut it until there is some growth and her telling me no. I do have an aerial photo of the property and the shows the hedge as it was in 2007 (very well looked after, shaped and cut).

I have started looking after what growth is left which is mainly on our side. I also am attempting to remove the bindweed/weeds/wild flowers which is suppressing normal growth.

To cut this long story how can I stop my neighbours from cutting the hedge so badly and restore the path. I feel exhausted and do not know what I can do or who can help.

Thank you
ss68 20/06/2014 at 2:42 pm
I was wondering if snyone our there could offer advice on a shared boundary wall in Scotland ? I have purchased a plot of land and the wall at the back which is shared and an old stone one with no mortar or foundations is in a very poor condition and quite dangerous ad it is around 6ft high.
I approached the neighbour to discuss replacing it at my expense with a new block wall the same height but he declined and reckons it's ok at his side which it it is clearly not.
He said as you are doing building work and you want it replaced you will have to take it down and put up a wa the same which will cost much more and at my expense! Why should I be the person that foots the bill for his wall restoration!
He is proving to be real awkward and clearly doesn't want to contribute.
woodenspoon Editor 17/06/2014 at 11:06 am
@Lgg. They shouldn't have reduced the height of your hedge, they should only have cut back branches that are overhanging their side of the boundary. Keep trying on this one...it may be that you would get partial costs towards building a fence. It may take so long that the hedge has grown back though! If the tenant receives garden aid you could argue that having a fence instead of a hedge will save the council money in the long run. The council has rules/charter to reply to all correspondence within a certain time, so if you get no response soon, just call your local councillor and/or MP.
Lgg 16/06/2014 at 9:40 pm
Hi looking for advice I own my property over the back from me there is a council property. In between we have a 6ft boundary hedge which my husband has always cut since buying the house 7 years ago. At the end of last year the council contacted me to ask if they could cut the hedge down to 3ft as the man is getting garden aid I refused this as it would invade my privacy and decrease security to my home but offered to pay half for a 6ft fence which the council refused that was the last I heard. I then came home last week to find two bags of hedge in my front garden when I have walked into my back garden the council had cut 3 quarters of my hedge to 3ft without my permission! I have put in a complaint but feel I am getting no where. I would greatly appreciate any advice on what rights I have to ask the council to put a 6ft fence up as they have removed the hedge without me giving permission then had the check to leave the mess in my front garden. Thank you
meme 15/06/2014 at 12:52 pm
just retired this year taking wife out for treats not thinking about next door untill tree cut back looked into it not a big problem hes got to look at it . sometime later we come home to find my hedge cut back a small path taken up and his fence moved over afoot into my garden .while we were out him and his friends had moved his fence over .talked to a communty person who said its civil matter unless i took the fence down then i get done for criminal damage .legal cost are out of my reach .what gets me most is his job cant say but totaly out of order .just goes to show what laws are in this country
footballerstorso Editor 11/06/2014 at 10:32 am
@chaz. You would need to check with the land registry and see the deeds etc. This kind of thing normally crops up during the conveyance/sale process...eg. you will receive details of any covenants etc from your solicitor. Obviously you can back out at that stage if you need to, but you will have incurred legal costs. Why not ask the vendor and also visit the neighbours to discuss first?
chaz 10/06/2014 at 3:37 pm
We are have looked at purchasing a new property.. The property is built on hill.. the one we looked at has a downhill slope to the driveway..
There is a dividing garden wall between this property and next door. The wall has been damaged since the neighbour resurfaced his driveway with Tarmac. It's all warped into the direction of the house we want to purchase.
How would I go about finding out who has to fix the wall? Or if we purchase it can we go ahead and fix it ourselves?
ProblemNeighbours 05/06/2014 at 12:33 pm
Hi Coke. As long as you own the property & the whole yard you can do what you like - check any local planning constraints such as the fence being no higher than two metres etc. If you make it a structure that can be removed easily then you can reinstate the original yard in the future if you want to.
Coke 04/06/2014 at 6:14 pm
I own a house and my tenant wants me to erect a fence halfway across a shared backyard!do I need planning permission to do this?
BillyWhizz Editor 02/06/2014 at 12:53 pm
@BarbaraE. Just wondered...how can your neighbours see it, if you've only painted on your side? :)
BarbaraE 02/06/2014 at 3:07 am
Having recently moved in my new house my neighbours complained that I painted the fence on my side of my garden saying that they paid for the fence, even though on the deeds it is our responsibility. Apparently they paid for the fence because they wanted it taller than the previous one and the people we bought the house from would not pay for a new one. I am cross because they told me that when I was out the remove the fence panels and painted them with out consulting me. Do they have the right to do that ? I now have a fence with different colours. Please advise
Chalk 28/05/2014 at 3:39 pm
My neighbour's back garden is full of junk example 2 washing machines Toilet seat old strimmers ,lawn mowers,rabbit hutches no rabbits just full of junk x4 much more but too much to mention I have asked him if I can erect a fence as he will not do it and it is his boundary. He says no how do I stand .
Fenella 24/05/2014 at 9:14 pm
My neighbour's fence fell down in the winds a few months ago and she has replaced it with chicken wire. She is refusing to put a proper fence up. We have no privacy between the two gardens. I also have two young children who play in the garden a lot.
Can I have some advice please?
ClaireM 21/05/2014 at 1:55 pm
Our garden has been levelled as we live on a steep hill and our neighbour has gone to the council and we have to take 8 inches off the top of our fence as we raised our side of the land. Can I put reed screening up against my fence in order to preserve our privacy as she will now be able to look into our kitchen as we are above her on the hill. In addition are we able to paint her side of the fence or just our own? Thank you
MARTURA 15/05/2014 at 12:00 am
I need advice. My neighbours got two Stafford dogs. After the storms the fence fell down. The dogs are preventing us to use our garden as they are barking at us everytime we try to get out. I got two little boys who have no permission now to use the garden. The neighbours have council house. I asked them to sort out the fence but they refusing to put 1.5 meter one. They want to put 50 cm high chained boundary fence. Do I got a right to demand their Landlord to secure property? Where to look for the right paragraphs in a low?
Honeychild 04/05/2014 at 12:13 pm
I own my mother's property (which was built in 1939) which is now rented. My father built a wall to the left of the property and the fence on the right now requires replacing. The Deeds show no ownership line or who owns the right side fence. How can I find out who is responsible or who should be covering the cost of the fence?
Rory1234 04/05/2014 at 9:24 am
Hi my husband erected a fence .the neighbourgh ask for it to be taken down ,I told him he needed permission. They are selling house ,there is no fence up at present, only wire on some sticks. I think he thought they would have approved ,as it looked better. Now he wants to erect it on our land . Does he need to have permission ,the boundary has a brick wall ,so he wants to build at our end..
silverlady 30/04/2014 at 3:46 pm
Christmas eve 2013 my neighbours fence was destroyed in the storms.its left all my garden open so they can see in my conseratory I have to have my blinds closed.i do not talk to them but they approached on Christmas eve and said they would put a new one up as soon as possible. I have just lost my husband and feel vunerable with the fence down and no privacy if I want to go in my garden what can I do.
trish 30/04/2014 at 2:41 pm
Our problem is our local council, we have a strip of land 2m wide down the side of our property and a strip of land 3m wide along the back, both adjoin a public footpath which lead to a park, humans being what they are dump rubbish along there and cats and dogs use it for their toilet the whole area is covered in bramble and is a disgrace we are ashamed if it.
We recently applied to the council for planning to put a 6x6 fence up to our boundary line this will clear the area of all the weeds brambles etc and stop the animals using it as the toilet!!

Permission was refused because it will cause a tunnelling affect and at the moment it has a softening effect to the environment!!!!

It's our land just want to know how we can be refused permission to tidy it up and improve the Area!!!
macdiack 30/04/2014 at 3:24 am
Hi I have a precast link sound barrier fence. That runs 2km down hwy 7. It seperates my back yard from hwy. It was built by the city or builder. Now after 25 years it has deteriorated and is falling down. I told the city about it they keep on telling me that its on private property and that it has nothing to do with the city.
.
josie 25/04/2014 at 1:38 pm
boundary party/wall.
between my neigbours they are refusing to agree to the wall being replaced unless I agree to three of his demands.
is it possible for me to repair my drive without giving them notice.
what happens if the wall falls over?

thank you josie
ProblemNeighbours Editor 23/04/2014 at 2:25 pm
@Vickster. Devaluation of a property is not sufficient to force you to replace the fence. Ask the neighbour his reasons for considering it to be devaluing. Is it the style of fence? Is it not on correct boundary/shared line? You need to find out more and perhaps you can then come to a mutual understanding with your neighbour.
Vikster 23/04/2014 at 11:05 am
Hi, I have a property which is a terraced house. My garden is a shared yard but I have maintained the area directly behind my property including laying down a lawned area for nearly 12yrs. I put a small fence (about 2-3ft) along the side around 5yrs ago so that my young son couldn't get out and into neighbouring houses - a couple of which had very unsavoury characters!
I now let my house and my tenant asked if they could put a bigger fence up - after checking with the council who agreed that this was fine if it wasn't any higher than 6ft and had public access (which is the same as our neighbour the other side) I've now received a letter from the owner of a house at the end of the shared yard saying that the fence devalues his property and he is going to take me to court. Where do I stand legally? Will I have to take the fence down and revert back to the smaller one? Thanks
peaceatlast 18/04/2014 at 8:11 pm
we have a property which has been built at the rear of a large house, we maintain the boundary at the rear and between us and our neighbour of the house, standing with our back to the front door we maintain the left hand hedge but believe that the fence on the right is owned by the owner of the property next door. the land registry does not show any markings.
Sue 23/10/2013 at 5:34 pm
Am writing this on behalf of my friend, their neighbour is intending to build a double side extension, my friend has just bought the ground to their property so they do not have to pay ground rent, with this came the land registry documents, they have for some time thought that the next door neighbour had some of there land, and it has now come to light they have actually nearly three foot of my friends land hence the neighbours can drive to the back of their property easily and my friends struggle, the neighbours put the fencing in before my friends purchased the house, the neighbours have been informed of the fact that the boundary is incorrect and that before any building work commences my friends would like there land back and the new boundary line established so they could then go ahead with there build, the neighbours have said they would compromised and let them take back four inches allowing them to still have the build they want and still be able to drive through the carport to the back of there property, Firstly I don't think that this is a compromise and secondly they are still getting what they want out it, while building on my friends land, and they will still struggle! any legal advice?
suey 04/10/2013 at 12:02 pm
i have had a long going battle with my neighbour , we have a back yard and a low wall which i believe to be a party wall we have erected a small fence along the wall to have some privacy , but they are content on harassing us we have written permissions to them and landlords can they make us take it down or do we have a right to leave fence , they are blaming us for drilling a total of 10 small holes into the said wall for the erection of posts, we have since made adjustments to the wll by putting post holders in our yard for the post releiveing them from the wall but the fence is in the same place not touching the wall what is our rights over this please
Olive 23/09/2013 at 11:15 am
I have an issue whereby a wall between our property and an adjoining property has partially collapsed. The neighbours, who are tenants, have advised that the landlord is refusing to repair the wall. I've spoken to Land Registry who advise that they have nothing on file showing which boundary I am responsible for, and they advise that it would be joint. If the landlord is already refusing to repair is there anything else we can do before we shell out the cash to fix this?
dorrie 06/09/2013 at 6:38 pm
my neighbor put up a privacy fence about 2 feet from an old wire fence. i have no way to get between the fences to cut down weeds growing there. poking though the old fence.and no room. who is it that is suppose to take care of all these hugh weeds that are growing
Jinty 12/06/2013 at 7:13 pm
I am having trouble with my neighbour back to back with me about the hedge I have my side cut neatly @ 5ft 6 but he does not want his side cut and its over 8 ft it is very messy and is blocking my light I don't know what else to do as he is nasty what height restrictions are there if any and who would I contact about it I tried the council but they said its not there concern as we are both private
debz 08/06/2013 at 9:14 am
I live adjacent to a local hospital and the boundary fencing along my driveway belongs to the hospital. Recently one of the panels broke and had to be removed. The hospital replaced it with a metal fence which now means anyone in the hospital can see straight onto my driveway. It now looks unsightly as there are vans and machinery parked on the other side. The facilities dept. are refusing to replace it with a similar wooden fence as before due to costs and I cannot afford to pay to replace it as it is quite large (not the usual type of garden fence). Is there anything I can do?
Dee 05/05/2013 at 11:15 am
On the back of my property is an access road to garages that are privately owned by the people that own the houses in that close, the fence that is on the rear of my property is old and falling apart i did replace 2 panels previously which cost me, now all the fencing needs replacing (10 panels), i cant afford it the land registry said the fench belongs to the people that own the garages how do i go about finding out who pays for the repairs? The posts are all on the road side.
Upset 14/02/2013 at 7:00 pm
I have lived in my home for over 3 years. The home next to me has been vacant that whole time, until last year. The block wall between the two homes is following on to my property. The new home owner next door has it as a rental property so the city told her she had to fix the fence. She is trying to make me pay for half. It was my understanding because the previous home owner (rental home) started work on the fence before they lost the home. That they became the owner of the fence and that they should pay for it. Can someone give me some feed back on this one.

UPSET
Jule 06/02/2013 at 2:16 pm
I have been in mi council house since last year I have two daughter one 19 and my youngest only 5years old last year mi youngest was diagnosed with Autisim spectrum disorder (please do t think I'm singing about that far from it ) a lot of time we like to go outside for a breather only Nxt door ha e a dog who continues to bark which frightens mi little one council have in the past with previous tennents put a three foot green mech up which dus sod all cus n t door have a Tall dog whom jumps over continually I contacted council n they jst told mi I was lucky I've got that fence mi rights please I e been thru the same thing before in my private acosiation house with Nxt doors dog and until police got involved cus there dog jumped over N attacked mine please help I'm frighted
brickie 03/02/2013 at 3:01 am
I am responcible for the fence seporating mine & my neighbours driveway and rear gardens.
The fence pannels blow down in the wind. The posts are rotton.
I have purchased the bricks to construct a wall. I have decided to go in keeping with the orignal fence pannels. By constructing a 300mmx 225mm high wall. Then constructing 890mm x 225mm piers. This will limit the amount of new fence pannels required to replace. The 300mm dwaf wall will rase up the pannels to stop them rotting. My neighbour has refused me entry to point up the brickwork. And demanded I "not take down the 6ft fence pannels" that are allready there due to I have a dog. Weard.. I'm thinking.. But I not really bothered about loosing 225mm of driveway or garden land.
Now my neighbour has demanded this. I see no reason not to build it. But my consirns now are. The pointing up. Witch wont be able to be done. And why use bricks against a fence. It would be cheaper to use 440 x100mm block and neatly bond it into the brickwork. So I see the brick and up against the fence is block.Ok so now my garden & drive way complete, all looks good. Now 6 or 12 months down the line. That fence is still in the same bad state before I built the wall. It falls down. My wall is remaining. My neighbour will only see blockwork & fence pannels. And it wont be a neat looking job from there side. Can they make me do anything about it? Can they demand I replace it? Can they demand I re-point Or even change the blockwork into brickwork. I re-erect another fence for them?
I've had the bricks 2 years in my garden. Everytime I go out measuring and start working out figures to gauge the amount of concreate or set out the piers to determin how many fence panels she starts shouting your not taking down that fence. I'm going to do this or that. I just walk back into the house.Dont entertain her. The thing is it could really look good from both sides if she would shut up and keep her nose out. And just let me build it. I dont know if if its change she is worried about. Or just seeking my attenction. I never pass the time of day with them due to them constantly blocking my driveway access. Making me or my wife late for work most days. We have even tryed leaving earler. But she will pull car off her drive. Block our access out. Then go get her 2 children. Put them in the car. Then decide to feed the youngest before she will drive. Smiling at me waiting to get off my driveway to go to work. If you ask her to move she will eaither scream and run in her house. Or hurl abouse at you Or just simpley smile and nodd at you. But do nothing. But she has gotten bord with that lately. Hasnt happended since 1st week of december 2012. I'm wondering whats next. Dare not go out with my tape.Or lay a brick.. Not until I have all the facts straight. I know she is pushing for a reaction. I can't be bothered to react at stupiedity. I just want to build my wall. Improve my home.
Any idears how to proceed with my perposed bu
Pam 17/01/2013 at 10:13 am
I am the owner of a semi detached property, my neighbor erected a small wall and a wire fence above it which separates his property from mine. Due to no privacy and constant noise and prying from them I decided to put a chromodeck steel to cover my side of the yard. My neighbours in return advised me that the property will lose a value that we are blocking their view (which is view is my property). What do I do.
Me 08/12/2012 at 1:45 pm
Hellowhen we moved in to our property 7 years ago, a fence which sat on a concrete base separated myself and my neighbour that backs on to our garden. We tried to replace the rotting fence 2 years back but my neighbour had lots of junk that was pushing up on to the fence and the gardener refused to remove the concrete and fence as there was so much junk leaning on to our fence. So instead he erected a new fence as close to the old ones as possible.Recently we have had some work done on the garden and agreed verbally with the neighbour to remove their junk by sharing the cos with them so that we could put the fence back to where it was. The neighbour agreed and I paid for the removal of all of her crap. Now she is saying that she never agreed to us replacing the fence to the original position and says that the new fence I put up is where it should be, and also is now refusing to pay the shared costs for removing her junk.where do I go from here????
Bub 24/11/2012 at 1:20 pm
Hi - we have a mature London Plane adjoining our property on council owned land and we eventually got the council to prune it last year. However we and our neighbour feel it is made little difference. 1) It blocks out the light 2) we have decking in our garden and the leaves and algae on it make it lethal and dangerous (I have told the council this) 3) it could fall onto our sloping roof with velux windows in severe weather 4) it is preventing our plants from growing in the summer 5) I have long term health problems and so constantly sweeping up leaves is out.
Other residents who live further away from our properties are opposed to the tree coming down and the council seem to want to hand over the land to a residents management company though we know nothing about this. Do we have any rights? They say their policy is only to remove trees on safety or nuisance grounds but I think this is causing a nuisance and have demonstrated as such. All we asked for was it to be pollarded and monitored as has been done with other nearby trees (though we were told this was o the grounds of safety).
Many thanks
Principle 19/11/2012 at 3:49 pm
My neighbour has a very large tree growing in the corner of their garden which overhangs 3 other gardens, most of it leaning towards my house. At least three quarter of the tree is overhanging other peoples gardens but is now pushing over my concrete fence posts and begining to push against my wooden fence panel. I have asked if they would get it cut down to avoid it falling down towards my house and conservatory. They have received a price to cut it down and have asked that I pay half, which I have refused saying that the trees in my garden are kept trimmed and I dont ask them to pay for them. My question is: if I get a tree surgeon to cut down the very large branches that overhang my garden it will reduce the tree significantly by probably half, can I legally get them to pay for the work.
Curious Phill 09/10/2012 at 10:44 am
My neighbours overgrown trees have broken down sections along my boundary fence, pushing over both posts and breaking panels. I have asked him to cut them back or remove them completely, but he refuses to, and offers no compensation for replacing those broken sections. It is also believed that the roots of those trees may also be making the walls of my house crack as I have noticed movement cracks appear on that side of my property, these not being settlement as the property has been built since the early sixties. Can anyone advise who else I need to see to discus this problem?
liz 22/09/2012 at 8:27 pm
hello i rent a house from a housing association and have asked them for new fence panels as the existing ones after 17years are falling to bits with nails exposed and panels missing. they sent a surveyour to inspect them and she agreed they needed replacing but said it would cost too much money and it would have to go to a panel who would only agree to putting chicken wire up but more than likely wont agree to do it at all,upon her going back to her boss she rang me back and said her boss said as we are being sold off at some point i will have to wait and ask the new owners if they would do it for me . we do not know when this will happen nor do they . i tried for a week to speak to her boss but got the run around eventually i got to have my say but all he would say is they have not got a duty to repair fences . i thought if the panels were here before i moved in they would have to put panels back for me . could you give me some advice please ?
VICKS 19/09/2012 at 6:15 pm
I have a rental property which is the farthest away from the road in a row of 5. I have access through all the other 4 gardens. Number 2 and 3 are knocked into one and they have a dog. The dog is allowed to roam freely. My previous tenent said it had given him a nip. My property is empty and an agent is trying to find me a new tenent but the feed back after 5 months is that the dog is putting potential tenants off and that it had also nipped the agent showing potential tenants round. Can I insist they fasten the dog up?
marth 17/09/2012 at 10:30 am
There is a separate piece of land between my property and a Council property. The council need to put a fence at the end of their garden and want me to pay half which they say will be £900. Can you confirm that they as Landlords are responsible for fencing on rented properties to protect their Tenants privacy and safety.
digerd 16/09/2012 at 10:05 am
Some neighbours are so inconsiderate and plain selfish. But don't see how your shed roof can't be accessed for repair. My shed was erected by previous owners, right up to neighbour's boundary near her plum tree, which after I moved in, tore the felt-type pitched roof off in a storm. Not only did I not complain nor demand she pay for the repair, but she became very awkward about cutting the branches off my roof so I could have it repaired. I stood my ground and she begrudgingly did it. My point is that the roof was able to be accessed from my side. So long as anything erected is on your neighbour's land you can do nothing about their selfishness - the law allows selfishness that causes others distress in these matters, unfortunately
digerd 16/09/2012 at 9:44 am
I really am disgusted that your solicitors are dragging this matter out, as you have the proof that you own these 2 parking spaces - I assume you have the paperwork for this in your deeds. And he can erect a fence only if that land belongs to him, same applies to you. Find out who actually owns that land that you have been accessing and inform them of what he intends to do. Let me know what happens - good luck Lack of parking space turns some people into demons !!! But his fault for buying the house with inadequate parking in the first place
toni 15/09/2012 at 8:39 pm
My mum moved into a private let, she has had alot of problems with the neigbours children running through the garden and because she asked them to leave the garden the neigbours insisted this is a walk through and the council told them this, in the deeds state this was bought with the house. Now they are trying to get this made into a walk through, is there any way this could happen without the land selling?
Ferret 09/09/2012 at 6:15 pm
My neightbour have put up post and with a fence type thing on top and are trying to grow things up it after making use pay 1500 pounds it will after a while damage the by the brush and fence will lean on our panels
Sand 04/09/2012 at 3:18 am
Our backyard neighbor has more or less 10 trees whose branches are overhanging in our yard. It has small leaves that is a nuisance everyday. We have a swimming pool close to the trees and everyday we not only have to sweep the yard but also remove the leaves in the pool which is difficult. We would like them to have the trees trimmed to prevent the overhanging branches in our yard. A gardener quoted us $300.00 per trim. It needs to be trimmed at least twice a year. Who should shoulder the trimming if the neighbor is amenable to have it trimmed?
Joe 03/09/2012 at 6:28 pm
I leave in nohern Delaware where there are large high trees. My neighbors large tree branches are way over my roof and dangeous . We paid ten years ago to top the trees however does he have any cost if they have to be topped again.
jools 02/09/2012 at 8:08 am
I live in a row of about 10 houses,all with garage's or parking at the rear of the properties.The access to these properties is a small driveway in the middle of the row,and you turn left or right to your property.The couple in one of these houses insists the access driveway belongs to them and the couple the other side,(though the other couple have never said this).The 1st couple have now stopped my son's friends coming down this access to come into my garden at the rear to play.(my son is 8).They asked all the neighbours if they would give some money towards having the access route, re done in tarmac,as it was looking a mess,which therefore they said made their property look a mess.I'm unsure if,or how much the others gave,but I said I could only give them so much,and not what they were asking.They had the work done,but it was only re-surfaced down the access route and up to their garage at the back,and to the garage belonging to the couple the other side.They have told me numerous times,that as they,and the other couple own this access jointly,they can stop people using it at any time.We are still on speaking terms at the moment,me,admittedly through gritted teeth,but I wondered can they actually stop people using the access?These houses were built in at least the early,60,s
etty 31/08/2012 at 6:11 am
hi we,re having problems with our neighbour i have clematis growing against my fence (we used to have a line of approx 20 lylandii trees )but as my hubbies health wasn,t good to make it easier we removed them(ourselves)and put up a fence we used to get permission from our neighbours to pop into their garden to trim the clematis back we said if they were causing problems to trim them level with the top of the fence .we had to ask them to stop their boys from using our fence as football posts as it was splitting the fence we were friendly about not stroppy (we have two grownup sons so we know that a times kids don,t think )ever since then they,ve been eerr funny theyv,e screwed into one of the concrte post without asking we let it go with kids you need a washing line but they,ve put up a garden shed less than 3inches from our fence blocking our accsess to be able to get to get to our garage roof for repairs if needed so where do we stand please anyone know or where do i get the onfo many thank etty
I-just-want-nice-nei 30/08/2012 at 9:41 am
To start off i bought a mid-terrace house with a parking area that we all own a share of. i was sold the house with 2 parking spaces and by parking in one of the spaces my neighbours are saying i am obstructing them. This would be true if they were allowed to park where they are parking but in the covernant it says they cannot because it can only be used as "private garden". This is a on going legal problem and my solictitors are dealing with it. The big probem that has arose this morning is the piece of land that they park on is the piece of land that me and my nice neighbour use to acces our properties on foot. This land has been used to get to our houses ever since the properties were built in 1986 even thoug hthere is no right of way or anything stating it in the deeds. My neighbours are literally from hell we have had to call the police and one of them was given a fixed panatly for being drunk and abusive. The problem that we fear is about to arise is that they are talking about putting a fence up with a gate that we will not have a key for to stop us accessing our parking and garages from the back of are gardens that has been used for acces since 1986. if they do this we and my nice neighbours will have to walk 250m around onto a main road with no pavement or lighting to get to our parking and garages. Can they do this ? Also i want to know if i can put up a identical fence on my part of the parking area to stop them if they choose to do this as it seems the only option to challenge them without waiting weeks for a solictitor to look into it.

PLEASE HELP ME!!!!!!
grrrrr 26/08/2012 at 11:23 pm
I have a mutual chain link fence. my neighbor has ziptied hideous pvc pipe along the MIDDLE of the fence to water plants (along with my yard!!). can i make them remove it.
digerd 25/08/2012 at 6:52 pm
REPLY TO GREENFINGERS Well, what bad luck to have such nasty neighbours, bet the previous owners omitted to mention them. The resposibility for fences was mentioned in the previous owners statement from solicitors, but can you ask the other neighbours which rules theirs are, and you can work it out. My right side which is the detached side of our semis is my resposibility, my attached neighbours shorter fence which is attached to me, is theirs and so is it for the rest of the semis in our road. Should be no different just because your house is detached. And why haven't the police arrested your nasty neighbour and his son for wilful damage to your property? That's a disgrace.!! Erect concrete base boards and concrete fence posts next time, if i were your neighbour, I'd call the police if I saw them vandalising your property while you were not at home, are they all afraid of this horrid person and his son? Good luck
digerd 25/08/2012 at 6:31 pm
REPLY TO ZIGGIE Are the concrete posts, the boundary posts, - they have a hole in the middle for the wire to pass through and marks the boundary and are rounded at the top and about 2feet high and 3"wide? If so, then the rules are this - any fence/wall erected must be done on your side of the boundary post - not in the middle or neighbour's side. Both neighbours may have a fence on each side of the post, but the problem will be weeds growing inbetween them, if the gap is not filled with concrete, which my neighbour did for us both. As the deeds say that side is your responsibilty, his fence should be erected on his side of the boundary which he has cut away to place his fence ON the boundary which is not allowed. But does it really matter so much to you, other than his cheek, Grow some lovely flowing plants along there to hide whatever disturbs you. But he is in the wrong
digerd 25/08/2012 at 6:02 pm
PS to PEN As the neighbour's fence is only 3foot high, you can erect a 2m one legally on your land - good luck
digerd 25/08/2012 at 5:59 pm
An extension may no longer need planning permission, but still rquires BUILDING CONTROL, did he have it and get a certificate of completion?
We have lots of extensions in our road and each one must have a gap between them, that's building regulations - I assume it is your house wall?
Complain to building Control which is a different dept. from Planning
digerd 25/08/2012 at 5:50 pm
REPLY TO SUZY You can only access his land if your deeds allow this to maintain fences and garden walls, otherwise you can try to get a court order as in accordance with the Access to Neighbouring land Act, but fences and garden wall painting may not be considered essential maintainance by the court.

Most people paint only their side of fences
digerd 25/08/2012 at 5:42 pm
REPLY TO WAC Neighbours are not allowed to touch a neighbour's property without their permission. What they have done is illegal and you could call the police and have them arrested. Legally you should first write to them giving them 2 weeks to remove every thing from your fence, and make good any damage, if they fail to do so, you will do it yourself, but the problem is, you cannot access their land without their permission to do it, if that is necessary, which I suspect it would be. I,d get the police involved if they refuse to do it
digerd 25/08/2012 at 4:57 pm
Which fence belonged to my property was detailed in the previous owners list of questions included in all my papers and deeds, but not on the deeds itself
digerd 25/08/2012 at 4:49 pm
Garden Laws allow you to prune or cut any branches that overhang - trespass onto your property and you do not even have to mention it to them, which I assume you have done and is now so expensive. Your neighbours have the responsibility and liability of their trees not to cause damage to your property or injury to you, but that is all in the law. You do have the right to prune any roots which most likely are trespassing onto your property in the ground, but that would also be costly and maybe cause the trees to become dangerous and topple. Unfortunately some neighbours are very inconsiderate with their trees and there should be stricter laws , in my opinion. Sorry, that there is no help in your case
Jean 25/08/2012 at 3:50 pm
15 yrs since we and our neighbours went to court re huge trees in their garden which overhang on to our property.The court ruled that as the trees were their property then it was their right to keep these trees orderly and cut them back when nescessary.We paid to have this job done once but the cost now would be huge.Since the court hearing not a leaf twig or branch has been touched and they now stand twice as high as our home.Neither myself nor my husband who is 80yrs old with very ailing health are in any position to start hassling again over this problem and the neighbours can hardly be unaware how these trees have grown over the years but continue to ignore.Please advise if there is anything we can do?
Elyov 18/08/2012 at 2:07 pm
We have been allowing our neighbour to use part of our land to park a car and sometimes a caravan and in return they allow us to put or sky dish on their property. We walled off this area and it looks as though it belong to that property. Our deeds clearly show that the land is ours. The son is now looking to take on the property as his parents are on their last legs. This was an agreement between us and the parents and not the son. We now would like to take that land back as the son wants to live there and possibly develop the property. And we don't get along. This agreement has been 12 years. What can we do?
Abbie Editor 17/08/2012 at 2:09 pm
@ Lol Firstly it is the boundary on your deeds that needs to be checked and not on a ordnance survey map. If the deeds are not available to you contact HM Land Registry as they can help with boundary investigations. Over long periods of time boundaries can move and adverse possession also known as "squatters rights" does exist in England, Ireland and Wales, this means that if a boundary has been moved from the original position and the land has been in your possession for more than 12 years then it becomes yours. Obviously you have lived there for more than double that length of time, and I don't think they can just demand that you change it back "within 3 weeks". Please contact the Citizens Advice Bureau as they may be able to help you further without charge. Good luck!
joyce 15/08/2012 at 3:03 pm
I live in a semi detached house my neighbour has put a small wall up well under her boundery between her house and our house .We share an arch which leads between both houses some of there boundery, the arch is left on our property but they use it and there kids with bikes and scooters and to put the bins out .I am going to get my drive way done and i have asked my neighbour to pay half for the arch that leeds to both front gardens she has said she doesnt want to pay anything towards it as she seems to think its our property as she has built a wall and left some of her boundery on ourside i have looked at the deeds for our house and it states we share the arch but she says she would rather leave it and not pay .I am going to get my driveway done but leaving that arch way our drive would not look good .We can only build a small wall on our boundery like a curb as the car door would hit the wall when we open the car door to put the car in the garage .We have to put the car into the garage eyery day as there kids and other kids use the arch to get around the back garden i dont want to have to pay all of it but what choice have i got Also they didnt ask our permission when they put there wall up .
greenfingers 13/08/2012 at 2:53 pm
A few month ago we moved into a lovely old bungalow with large grounds.Before we moved in there was a boundary fence.It was off to be inline with the the property leaving just poles at the front.We decided to put 3 hedge shrubs in he kept cutting the tops off so they wouldnt grow eventually died off after 6 weeks from what ever reason. So we chose the fence option spoke to the council about heights plus & the police were informed of all the goings on not helpful as they went & told him we are putting a fence up.My hun was measuring up what was needed neighbout came out & threatened you put a fence I will rip it down & take you to court. Hun said take me to court There will be a fence going up.Its on our side we own it he cant stop us just because he wants his own way. On the following fri whilst we were at work he got his son 5 hses away to come on to out property to take all the poles out cut them off completely and take all the boundary fence off all the way alongside of the property.Luckily they couldnt get into the back.We called the police he told the police its his boundary fence. He still should have asked or spoke to us about taking it. After it looked a complete mess again he got away with doing and throwing a strop police did nothing much about it. So end result we have put up a 4 foot fence and 6 foot along the side of the bungalow with solar lights on the floor and we have a cctv camera on the fence only.Not breaking any laws & the police know about it. My question is next door is a semi detached hse they own. Who owns the boundary between us? As we are detatched the bungalow on our other side is also semi detached as well. So do we own both or non bit confusing on property papers just gives us an outline in red around property borders.But I dont think we own all 4 boundaries.How do we find this out.
wac 13/08/2012 at 1:55 pm
Can I remove things off my fence what my neighbours have grown or screwed to it. without there permison
tony 02/08/2012 at 2:53 pm
I live at the end of a terraced house. My neighbour built a brick extension against my side wall, which is situated at the far end of their back garden. They practically cemented their bricks against my wall, using my wall as the back wall of their extension. The planning officers said that such an extension does not need planning permission, so from now on it’s going to be a civil matter.Now I’m going to have a ‘friendly’ chat with my neighbours, but as the work is completed, I kind of expect them not wanting to rebuild the structure away from my wall.But before doing that, I’d like to know if anyone of you has had a similar experience and what have you done about it. Also, how much would it cost roughly to engage a solicitor to deal with such problem? Will my neighbours have to foot the bills if they lose? Any information/advice will be more than welcome. Thank you
Pen 01/08/2012 at 11:27 pm
We have a 3foot fence between our house and next door ( down the side between our detached house) ,it gets bigger from the back of the house. We have a 7 month old dog lab /collie and they have a 2yr old Newfoundland . There dog as always jumped up at the fence. They had another dog of the same breed when they moved in and as always jumped up at the fence, causing it to bow . Our dog jumps up at the fence now also . They like to have a sniff at each other, we are trying to stop him jumping up as neighbour complained ,as it is there fence. Today our dog went out for a wee ,he went down the side of our house on our stones next to the fence ,then there dog jumped up so our dog jumped up . I got our dog down and he carried on weeing( we had just fetched him from vets after Being on a drip for 24hours) . He was there for a good 2-3minutes. Neighbour then said " has your dog just wee'd on my fence" I told him no he hadn't .looked at me in disbelief so I said do you want to check . He said yes he would .so I pointed to where he had been . An argument then erupted. We would like to know where our rights are .the fence as a concrete plinth at the bottom. There dog as been jumping up at the fence and hanging his head over there fence on to our land ,they also have tall trees in which keep hanging over onto our land .the fence is theirs and our dog has not done any damage to there fence . What are our rights with our dog if he does wee on there fence . He doesn't lift his leg up to the fence as he as only just started to lift his leg at the tree on our front garden . We need to know our rights as this man only speaks when he has anything to complain at .we used to be good friends until he decided to stop talking . He doesn't speak to any of his own family ,or his wife's family .
greenford18 31/07/2012 at 11:48 pm
We have a chain link fence down one side of our long garden on the right hand side as you look at the property from the road.It has been there many years as it is old but in very good condition.Both our neighbours and i have lived in our properties some 4-5 years approx.The chain link finishes about two yards from the loxwe end of our garden then there is a bush in line with it , then open ground
9which my neighbour stacks bricks and rubble on just up to our proprty wall with about a foot to spare.)
Then the is in line with the chain link fence a row of laurel bushes which is our front boundry.The neighbout is over our line in the open ground bit .Can we ask him to move siad bricks and rubble which is over lapping what we think is our boundry line?
Thank you
thepriestfamily Editor 31/07/2012 at 2:06 am
@ BLRegarding the trees.Check out they're not protected. Phone your local council because it's possible that a tree protection order may be applied to one or all of the trees if they're mature, and rare, or just in keeping with the area! If they ARE protected, then he has no right to remove them -- and if they have to be removed he has to replace them. Whilst this could mean you'd lose the tree, it also means he has to respect the environment and replace what he has destroyed.If you've maintained a piece of land for 12 years, and it's a reasonable claim, you can lay claim to land. I would contact the land registry to see where you stand.All the very best of luck to you!
jawsjessie 29/07/2012 at 7:52 pm
My son and daughter in law live in a converted Edwardian House. The downstairs people and my family are freeholders and the other person is leaseholder. The downstairs people have always been possessive of the garden and have made it difficult for anyone else to use this. Basically using bullying tactics. My family have recently become more assertive about trying to use the garden and now the downstairs people have threatened to divide the garden up by erecting a fence. The deeds make it clear that the garden is shared and neigher my family of the leaseholder want the garden divided. What can we do to stop this without resorting to expensive legal advice?
ziggie 28/07/2012 at 8:55 pm
I have trouble with my neighbour and we have a wire fence on the boundary that I own (according to the deads) and the fact that the posts are on our sides.

He got his garden done and has chipped away the securing concrete on his side back to the wire leaving the concrete on my side. It formed a circular piece before he took action.

Is the concrete (which has been there over 20 years) mine and does it define part of the boundary?
digerd 28/07/2012 at 7:45 pm
REPLY TO ELDERLY
This is rather late for you, but a neighbour has no right to drill holes in your property at all, and you could have called the police as is vandalism/criminal damage and is an arrestable offence

2" away is OK so long as it is on their property and not yours
digerd 28/07/2012 at 7:37 pm
REPLY TO EAMY
Which side of the fence is your responsibility is usually in your deeds, but as that nice neighbour offered to pay half, I suspect it belonged to her so the other side probably belongs to you
Don't be over generous, people will take advantage of your kindness, find out for sure which side of the fence is your responsibility and be firm
Their is no law to enforce a neighbour to keep their fence in good repair, I'm afraid, but there should be
digerd 28/07/2012 at 7:25 pm
ROBIN FRIEND

I was shocked to read your comments as the "access to neighbouring land act "has been blatently flouted. A neighbour must be informed in writing well in advance of the work being started giving details of what is intended to be done, and they cannot do it without your consent or court order if you object
.You have to be compensated for any loss or damage to your property, too
but alas the distress to the robins nest and yourself would not be considered
Even if your neighbour's house is subsiding and in urgent need of repair, surely house insurers are not above the law?/ and can ignore the access to neighbouring land act? Perhaps they are, does anybody know ?
digerd 28/07/2012 at 6:55 pm
Have you not considered informing your house buildings insurers?
digerd 28/07/2012 at 6:40 pm
REPLY TO FERGS
So long as the trellis is on your property and no higher than 2m, you are entitled to do this on grounds of your privacy and they should be pleased for their own too, but a plant that blocks out their light, I.m not sure about

Did you not object to their planning permission?
digerd 28/07/2012 at 6:31 pm
reply to disgruntled
It is so often the case that good natured people are taken advantage of , which is what your neighbour has done to you
If he asked you before and you said it was OK, then fine, but guess he did not.
You can fix a gate and see what happens, but any happy relationship you may have with him may be ruined
Him having to walk through his house to get from front to back is what the majority have to do, and he caused this himself with his 2 extensions giving him a bigger house than you
Not sure about " right of way" laws though, but read about 12 years in certain cases
digerd 28/07/2012 at 6:14 pm
reply to susi
You can paint only your side of your fence and your neighbour cannot touch it from their side, which seems ridiculous so would be nice if they allowed you to paint it on their side. But if not there is nothing you can do
disgruntled 28/07/2012 at 1:43 pm
My neighbour has twice extended his house, now up the the boundary between the property. This happened a bit less than 20 years ago. He got planning permission, and the only thing I objected to was his gutters overhanging my drive, as a result of which he changed his plans slightly. I allowed him to temporarily move my hut to erect scaffolding, and he has also since moved my hut for maintenance to his property. He now uses my drive for access between his front and rear gardens - he would otherwise need to use his house for this. I have never formally agreed to this. I am considering erecting a gate across my drive, which I could secure and prevent him from doing this. Can he object to this and claim right of way?
cr1 23/07/2012 at 10:57 pm
Hello - my neighbour has been causing us grief for 9 years, various calls have gone into the police - today 20th july - whilst having my fence replaced - he set fire to some wood under his huge tree right by another neighbours fence and my fence - the whole lot went up in flames and the tree - 3 of our trampolines got damaged by falling hot ash - we had to rescue animals and my partner got burnt - what can I do?
306James 23/07/2012 at 10:45 am
My chimney pot lid fell onto my neighbours car bonnet durning a storm.It caused a very small dent. Am I liabile for the damage. Many thanks JAH
fergs 17/07/2012 at 1:04 pm
I moved into a house a year ago and in the drive way is an extension of the neighbours kitchen it just crosses the boundary line. It is a glass structure and provides light to their kitchen. I have put a trellace in front of it. I do not want to see into their kitchen or have them seeing in to mine. The new neighbours has sent me a solicitors letter saying I have to remove it? Where do I stand with this?
Weevee 13/07/2012 at 11:33 am
I live in an upper quarter villa. My downstairs neighbour has put in a drive covering the whole of his front garden and demolished the entire fence which kept the property free from straying dogs. There is a communal path leading to my front door with a gate as the entrance. This gate is of no use as the rest of the garden is now exposed.
My neighbour has no planning permission for the driveway.
Where do I stand with regards to the garden now open to the street where there was a fence and hedge.
The length of the fence removed was approximately 8 metres.
Thank you
suzy 10/07/2012 at 3:02 pm
we have put up a nice fence and wall is on our land and in our deeds says we must keep good at all times our neighbour is being a pain and refuses to let us in to paint the fences and the wall in his deeds he will have to keep good his boundries as we both bought from the council can we go in his garden to do this do we have to take him to court which i am told will cost 165 pounds who will have to pay this thanks suzy
ss 06/07/2012 at 11:31 am
Hi

My neighbour has asked me to remove a bamboo trellis about 182 in width from my side of the garden fence( which is his) what are my rights with regard to this?
pac 03/07/2012 at 8:17 pm
I live in a council house as I cannot afford to buy my own property.My neighbours have brought there house and are digging up the roots which will kill my cherry tree.The council came up 8mths ago because they said it could ruin there house.The council checked this and told them the roots were nowhere near there house and they would not cut tree down but just top it.Now they are digging trenches and pulling up the roots.I love my tree and would like to know were I stand.
longsufferer 02/07/2012 at 12:35 pm
We have moved to this house four years ago.1)My neighbour on one side decided two years ago to let his privet hedge grow higher having stated, when I asked what it was for that he had installed a wire line above the old height of the hedge two years ago to "obtain a straight line". I assumed he was going to cut the hedge to this new height. He has not cut the hedge for two years. It is now well over the new straight line height he established and for 75 % of its length at approx 8' 6"-9ft foot high is impossible to reach for me without difficulty needing a step ladder on sloping ground.2)The same neighbour has a privet hedge at the front of his property which is blockingour view of a fast bend on the road which makes my exit very dangerous. When he was asked to cut the height back early after we moved in to assist me he stated that" You will have to take me to court"Can I ask the council to order him to cut down the hedge at the back and at the front?
ted 29/06/2012 at 5:21 pm
Help - my neighbours planted bamboo some years ago and in the last year this has really grown. This has spread into my garden in several places, but this is the least of our problems. The largest areas of bamboo have forced our 9 inch double skin brick wall out causing it to 'bow' and lean and in addition there is a huge crack that has appeared. The wall is clearly leaning our way, (they are on higher ground as the road is on a hill) and there is obvious movement which is making it dangerous. We approached them in a reasonable manner and they suggested other alternatives that would have caused the damage, such as water or the wall not being built satisfactory, however after some excavation on their side the neighbour informed me he had found the roots of the bamboo going into the pointing on the wall and next to the crack. Since this admission they have gone 'quiet' and have been avoiding us - I want to deal with this in a neighbourly way, and am sure we will eventually reach agreement but could do with some advice to maybe give them a 'nudge'.
sacoma 21/06/2012 at 12:21 pm
hi we have a lovely stone wall which is approx 4 foot high between us and our neighbours there is a variety of fences on top of the stone wall which apparently my neighbour put up prior to us moving in two years ago. A couple of weeks ago my neighbour said as the fence was deteriorating nad never seemed to last long he was going to replace it with something more permament similar to what was already there - we assumed he meant stone however, it now seems that ugly concrete blocks are going to be placed on top of the stone wall which are horrendous. He hasnt asked us to contribute to this wall at all and it seems that they are going to be in place of the fence which is on top of the stones but really more on his side of the stone wall that ours - what can we do this is going to look so ugly and will spoil our view from our new conservatory The walls are party walls according to the propety report we had when we bought the house 20 months ago
Trendylaurag 16/06/2012 at 9:13 am
We have to give our neighbour access to our garden for taking out bins etc. I cannot find anything in our deeds to confirm this but we do it. We have decided to build a fence and a new shared access gate which opens from both sides and my neighbour stopped the workman in his tracks and objected to the old gate being taken away. Can we enforce this
BL 12/06/2012 at 1:24 pm
We live in a semi and have done for 16 years, the house belonged to a relative before that for a further 50 years, for the last 35 years the neighbour was a hermit and his garden was 6 foot high in brambles. Over the years there are 3 trees on the boundary which we have tendered too and our child has had a tree house in them. The hermit died and a builder has bought the house and now thinks the trees are his side and wants them down and half a metre of our land, funny thing is only 10 inches of the trees are on the boundary the rest of the 30 foot high trees are in our garden.
Jcpie 10/06/2012 at 4:16 pm
Hi, I live in a detacjed house and there is a wall attached to the edge of my house that runs along my front garden and along the front of my garden. I want to do maintenance on this wall, but my husband is concerned that this may be a party wall. How can it be a party wall if it is attached to our house? We have a copy of the deeds but uts still not clear. does common sense dictate ownership?
Distressed 01/06/2012 at 8:59 am
We have lived in our semi detached house for almost 9 years. Our adjoining neighbour has lived in her house for around 12 years, her husband, whom she married this year, moved in 5 or so years ago. Last year we had our garden landscaped. We had a concrete shed base put up to the adjoining fence, it buts up against the concrete sleeper that the fence panel sits on. In the recent winds 2 of our neighbours fence panels blew down. The fence boundary is not straight and never has been ever since we've lived here and as far as we can establish my neighbour has never moved the boundary line either since living there, so in effect we both signed our deeds with the fence as is - crooked. Our neighbour is now demanding we dig up approximately 6 inches of our shed base so he can put the fence straight, he says we have stolen his land!! We tried talking it through with him, explained that neither them nor us had moved the fence/boundary line but it resulted in him getting extremely angry, threatening further action and screaming 'F@~k you' at the top of his voice before he stormed in to their house. Any advice you can give would be greatly appreciated and to help us to see where we stand regarding this matter. Many thanks.
Eamy 27/05/2012 at 3:31 pm
The fence between me and my neighbour got blown down 5 months ago.
We dont speak much other than a neighbourly nod if we are coming or going at the same time.
When the fence fell down I asked what he would like to do about replacing it, and offered to go halves on the cost of a new fence or if he wanted to build one himself (as he is youngish and quite handy) I would go halves on the materials costs. As it was just before Christmas he said something along the lines of waiting til after Christmas, which I agreed to thinking they may be a bit strapped for cash at that time of year and the weather was appalling too, so it wasnt a good time to fix it anyway. Its now the end of May and nothing further has happened.
I dont know who is responsible for the upkeep of this fence, my driveway gate is attached to a post that was one end of the fence but separate from it so it didn't get blown down with the rest of the fence.
Should I just go ahead and replace the fence myself as they dont seem to be taking any action on it? And will that make me responsible forever more for that fence even if it was originally their responsibility.

When we moved in I replaced the fence on the other side that was falling down and the neighbour on that side offered half the cost which I thought was very nice of her.
keeley 22/05/2012 at 9:35 pm
I have returned from work to find my neighbour has painted a brick pillar that is on our land without our permission/consultation. It seems that she has historical issues with previous owners of the property we bought two years ago. The pillar that has been painted is not in keeping with other features, ie: no other brickwork has been painted. Whenever we carry any work out on our property out of courtesy we keep her informed. Any advise regards to this would be welcome.
ellecat 22/05/2012 at 1:59 pm
I have a path that leads directly from the end of my house, directly to my brick built outhouse/ shed. My neighbour says that he has access down this path and that it is the boundary. I have measured my garden which is 310cm, 378cm if i include the path and measured his which is 387cm excluding the path. I want to enclose my garden as the owners teenage son and his friends often tresspass onto my garden and i have caught them urinating again my shed door. Should i just go ahead and enclose the path as there is nothing in the deeds stating this is a boundary or that the neighbour has access down it?
Tense fence 17/05/2012 at 9:30 am
We have a maisonette and our living room which is on the ground floor looks out to our upstairs neighbours car which is fine and the other window onto her garden. Our living room is fairly dull in light and now our neighbour wants to place a 2 metre fence along the boundary of the house which is 1 metre away from our living room window which will just about kill off any existing light we have. We do not dispute her looking into our garden from her kitchen window. Does anybody have a case similar or know about rights to light? thankyou.
Flow 14/05/2012 at 11:37 am
Please help us, we are Local Authority tenents awaiting to exercise our right to buy our 400 year old cottage.( not grade listed ) But I think we have a big problem to resolve before we can put in our application. Firstly we are unsure if we should let the council sort out the issue I am about to explain, or if we should put in our application and control the out come ourselves through our own solicitors.
Basically we found and knocked out a massive inglenook in our lounge, prior to this no evidence of existing just one small reccess to one side of our lounge. We have been advised we have another in our bedroom, as we have two pots to our sole use chimney. Problem! neighbour had tiled over roof boundary resulting in chimney looking to be theirs, claiming this to be their bounary. But with further investigation we have found the three sides of the chimney to be in our loft, the original old stone wall sits behind this, which runs the whole width thus this wall separating us from next door. We need to piont out that this neighbour rented our cottage from the local authority for about 5 years prior to thier cottage purchase next door. They continued to rent our cottage for a while after thier purchase to do as her words "extensive work". We have now been in our neighbouors property as we have explained we are wanting to buy, but there are a number of issues relating to resposability regarding our chimney and our stack, if we do. In doing so we have now found the following horrors which the council have not been aware of, as well as a number of our concerns and none understanding relating to our safety and the welfare of our cottage explained. They purchased about 30 years ago, and on doing so they knocked down the stone party wall up to the loft, to make themselves a hall way and extra space. We are the only double fronted cottage in our row with a hall way, all the other cottages like next doors have one window with thier front door leading directly into the lounge. Our cottage and next doors have nothing supporting the stone wall left in our lofts, we are suffering with a bowed cracking stone wall the other side of our property, we think this taking the weight. Our wall in our bedroom which joins to next door is crumbling with holes and cracks as well as the wall in our lounge which also joins to next door. Ceilings are bowing and one side of our lounge has a curved studded wall which moves and is comming away which is where our reccess for our massive inglenook should be. The back of our inglenook is in next doors hall way but support either side has been removed as well as the party / retaining wall having been taken out, evidence can be seen clearly. One side moved to give them the reccess the other side completly gone and replaced with a none supporting studded wall. EEEEKKK..... her husband who did this work was not a biulder, and has left us open to fire risk and our cottage at risk our chimney is leaning and the stack in the loft is l
elderly 08/05/2012 at 11:05 am
Neighbours have drilled holes in posts supporting my fence, inserted wooden panels to support a fence they have erected on their property. This new fence they have erected is only inches away from mine. Do they have a legal right to do this and what do I do if and when I want to replace/repair my fence. They did not ask my permission to drill holes on the posts supporting my fence.
martina 05/05/2012 at 12:22 pm
Hi, I have the right of way through my neighbours garden but the distance of the gate from the house is not specified. They have blocked our right of way by putting a lock on the gate.We have consulted with a solicitor but they had a solicitor write back - they believe that our right of way has been blocked by our extension as we have moved the gate 3 meters.We our trying to find out if this is actually the case?Thanks
Hoppy 04/05/2012 at 5:20 pm
My neighbours fence is attached to the back of my house in the middle of an old window which is now blocked. My house is built in stone and is in desperate need of repointing which I cannot do because of this fence. It quite clearly trespasses on my property and even though it was hidden from view when we moved in( I dis covered it after knocking an old outhouse down and chopped down some conifers ) my solicitor has said I can do nothing about it as it has been there for so long without any objection. I did try talking to the neighbours but they went straight to their solicitor. Surely there must be something I can do?
CATS 30/04/2012 at 2:12 pm
Property is 8yrs old, and when we bought the new built the developer erected a small 3ft fence dividing back garden between me and neighbour, at the time my neighbour did not want to pay half towards erecting a 6ft fence on boundary as she was only staying at property for a year then moving, so my husband erected fence at our cost.When the new owner moved in they nailed a small wooden trelis to our fence, did not mind as it was not too heavy. We have fallen out with neighbours few months ago and it will never be on good terms again, out of spite my neighbour has now painted the fence facing his side and hanging heavy planters. I have asked them to remove them but in return received a mouthful of abuse and told that the fence is on his side and he can paint or hang whatever he wants. Does he have a right or can I tell him to remove this as its not his fence and is classed as criminal damage. I live in Scotland and know that scottish law is different to England and Wales.
rachael_medic 03/04/2012 at 11:55 pm
I have a dividing wall with a fence on top between myself and my neighbours, I have arrived home to find the coping stones on top of the wall have been painted black and parts of the fence on my side have also been stained orangey red, inc a separate fence I had erected on my side last year, where do I stand in relation to replacing/repairing the damage?
jacky.hemming 23/03/2012 at 3:32 pm
Where do we stand when our neighbours 3 very high trees are blocking the sun from our garden? The property now has a landlord whom I have called several time - he said he was going to do something but never has, I am now leaving voice messages as he is not picking up my calls. Can we demand he have the trees chopped doen or do we have to lose another summer in our garden?
len 30/01/2012 at 11:46 am
Re the Question by " cat" on December the 11th, Was there any outcome?? as we have had a similar problem. Thankyou Len.
Ted 22/01/2012 at 4:37 pm
Under English Law, which fence between neighbours belongs to a house. Is it the right or left side facing the house from the front?
cat 05/12/2011 at 10:58 pm
My neighbour has erected a 6ft high fence next to my garage and driveway, this new fence stops anyone parked on my driveway from opening the passenger door of their car wide enough to allow access to the vehicle, and if the door was opened it would hit the fence damaging the car and the fence. I have informed my neighbour of the problem, to which they were most rude and refused to do anything. Is there anything I can legally do, to get the fence removed?
Fisherman 27/11/2011 at 12:52 pm
The front gardens of our houses are "open" ie no fencing with boundaries and are typically demarked by the line of the drive ways. I have maintained my front garden which is mainly laid up to my neighbours driveway for over 15 years. My new neighbour now wants to widen his driveway to the line shown on the deeds which encrouches on the garden space I have maintained and will bring his drive across the front of my house. What are my rights and can I prevent this? I live in England
Parkhall 24/11/2011 at 9:22 am
I have just erected a fence along my boundary I know it is generally expected that I should point the face of the fence (the good side) in the direction of my neighbour. How do I stand legally if I don't ?
Fatcat1970 04/11/2011 at 9:06 pm
My nieobourgh in2005 put slabs up against my fence . We live on a hill so his house is higher up then my house . He as not got a dropped kerb and started to park on it in time my drive flood when it rains I've had engine oil down the gravel board one gravel board as cracked and one post is bending wi the car been parked on it . He did stop parking on it till he bought another car I told the counc that I wanted the slabs removing . They give him fourteen days to do it but then I got another letter say they should not be moved so he started to park on it again .so I told his son not to park of which he told me to stop f***ing moaning then the day after he blocked drive with his van what can I do
Tom 22/10/2011 at 2:17 pm
Roots of my next door neighbours tree have damged my wall. The tree was taken down but a stump of around 5 feet in height was left. The roots grew under the wall and raised the wall upwards causing it to lean into my garden. The neighbour doesn't want to get involved and has always stated the wall belonged to me and it was my problem. Got a structural Engineer in, he says it's a party wall and that the roots of the tree have caused all the damage. I agreed a verbal agreement with the neighbour that i would do all the labour and he would supply the materials to erect a fence. Now he has renaded and says I should have to pay towards the skips. This dispute has gone on for nearly five years now and I have no boundary wall. What are my legal rights and what is the neighbours responsibility?
JJ 29/08/2011 at 4:25 pm
I recently replaced a short fence with a taller one using the same posts for the smaller ones but with extensions fitted to accommodate the taller fences. The neighbour nextdoor has complained that the fences lean over his boundary line. What is my position on this as presumably the smaller fences also leaned over and he never complained then. Do I have to do anything or is be being just petty?
fenceman 14/07/2011 at 6:41 pm
I have recently installed a fence along my boundary line to the front of my house. My neighbour is insisting that he wants to paint his side of the fence, but technically this situated within my boundary lines. After repeated harassment, I have now removed he fence panels (lattice work type @ 1m high) leaving in the concrete fence posts and gravel boards. I also have a feeling that he will next try and complain reference the drain cover which lies across the same boundary line, which we replaced recently at our own expense, as we were having the drive re tarmaced and it was damaged. Any advise re technicalities over these issues would be welcome.

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