close
close

Association-anemone

Bite-sized brilliance in every update

Our neighbour’s 6ft privacy fence is blocking the garden they do NOT own…but the council bosses won’t listen and we won’t let it go
asane

Our neighbour’s 6ft privacy fence is blocking the garden they do NOT own…but the council bosses won’t listen and we won’t let it go

It is very important to know your rights if you are involved in a fence row with a neighbor.

How do I know which side I have?

A boundary characteristic it can be a fence, a wall, a hedge, a ditch, a piece of wire, or sometimes even just the edge of a driveway.

The only way to know for sure who owns what part and to avoid any disputes with neighbors is to refer to the title plan or The land book.

In this, the T mark is used to indicate to whom the boundary belongs and therefore who is responsible for its maintenance, say professionals at Fencing Jackson.

Larger developments tend to have some guidance provided by the builder, but there are no hard and fast rules

People often think they are responsible for the left (or right) hand limit wherever they live, but there is no legal basis for this.

You can check with HM Land Registry to see which boundary feature you are responsible for.

Often household they can’t get their hands on the documents, but experts say they shouldn’t panic.

Homeowners can guess who owns the fence by checking where RAILING i am

The pros say, “The fence usually faces their property so their neighbor has the ‘good’ side.

“This is the safest way to deal with the fence, so there are no rails for anyone to use to climb into your garden.

“This is then repeated with the neighbor on the other side to ensure that each house has both a ‘good’ and a ‘bad’ side of the fence.”

Walls and fences are often built on land the owner of the border with the edge of the wall marking the boundary.

While the pros agree that a look at the fence can give you a clue, it’s not foolproof — so you can’t be sure.

Fines and penalties

It is recommended to always check the legal documents before making changes to avoid large fines.

It doesn’t exist justice that the neighbor has to get the good side of the fence, so it totally depends on who owns the fence.

Fencing professionals suggested: “It may be worth selecting a double-sided panel with no ‘bad’ side as both sides look the same and the rails are hidden within the fencing panel.”

If a border backs onto a road or path, you can install the panels with rails on the inside

But if installed outside, it can provide an “easy ladder for thieves to get into your garden”.

The Royal Institution of Chartered Surveyors (RICS) and the Property Litigation Association have created a mediation service to help neighbors resolve disputes about their property boundaries without resorting to court action.

RICS also provides a list of surveyors who may assist in boundary disputes.

If a dispute continues, ultimately it is a court that makes the decisions, but they do not like such disputes to be submitted to them.

Changing a limit

If you want to change an existing boundary, such as replacing an old fence with a new one, we always recommend that you talk to your neighbor first and make sure everything is agreed.

Registered titles can help you reach an agreement, but only if this information has been added.

Regarding decorations on a fence legal advisors recommended asking who first installed it.

But they also urged caution before embarking on altering the fence without getting more certainty – as there is the danger of being prosecuted for criminal deteriorate.

How high can a garden fence be?

Fence height is measured from ground level, this can have an impact when, due to slopes in the ground, your garden may be at a higher level than you. the neighbors‘.

A garden the fence can be up to 100m high but you must get planning permission if it exceeds 2m.

However, there are some complications with this.

If you think about the face garden fencesthe restrictions state that fences next to a driveway can be a maximum of 1m or 3ft.

You would need to get planning permission to put a trellis on a 2m fence.

But if any plant you grow on that trellis exceeds 2m, you don’t need to get a permit for the growing plant.