Is that my fence or my neighbours?
This seemingly innocent little questions has caused many a neighbourhood dispute. In fact we get asked this so often that we decided to put together some useful facts to help you resolve any issues.
Is the fence on my left, facing the street, my responsibility?
Whose fence is it?
Not necessarily! There is no legal presumption in England and Wales that a person owns or maintains a fence on the left or right, however, it is usually the case in England. Ownership of the boundary is normally determined by the developer or vendor at the time of building and point of sale. The deeds of your property should show who owns which fence. If the vendor has not shown the allocation of ownership on the deeds you would have to have a look at the Seller’s Property Information Form. To find out exactly which fence is your responsibility visit www.gov.uk/propertyinformation and request the Title Plan.
Does the back side of the fence have to face my garden?
The answer quite simply, is no! If you are responsible for the fence you can choose which side faces your garden, what material you use and what colour you paint it. There is no law stating that the good side needs to face your neighbour.
The only time you may wish to have the battens along the back of the fence facing your garden is if your fence faces an alleyway or the street, as you do not want to provide any assistance for potential burglars to gain entry into your property.
It’s worth noting at this point that, without permission, you may not hang things, or attach a trellis, board or panel to your neighbour’s fence to support plants to conceal the fence. Proceeding without permission amounts to criminal damage. You may plant freestanding plants along the fence and even erect your own fence next to theirs.
In the case of branches overhanging the fence, you may cut them to the fence line and offer the cuttings back to them. Do not throw the branches back over the fence as this is a trespass in the eyes of the law!
Can I force my neighbour to repair or replace his delapidated fence?
There is no legal obligation in the UK to fence the boundaries of your land. As such, you cannot force your neighbour to repair or replace a fence that is their responsibility.
You do not have to live with their broken fence – you can erect your own fence along the boundary of your property adjacent to their fence. The boundary line will then sit between the two fences, even if they’re touching. The fence belongs to you, is on your land and is therefore your responsibility to upkeep.
Image by Robert Brewer from Pixabay
Are there any legal restrictions or guidelines for the height of a fence?
A garden fence fronting a road, footpath or public highway should be no more than 1m in height. The fence in your back garden should be no more than 2m including any trellis topper.
If your neighbour’s fence is too high and blocking your light, or too low, allowing you no privacy, there’s not a lot you can do if that fence is within the height regulations from the ground on their side. You may plant shrubs or trees along the fence to gain back your privacy, as long as they are not attached to your neighbour’s fence.
You would need to apply for planning permission if you wanted to install a fence higher than 2m.
It’s also worth noting that you would require planning permission for any kind of fencing if you live in a conservation area, in a historically listed building or within the curtilage of a listed building.
The best way to resolve any of these issues is over a cup of tea with a good open discussion with your neighbour. However, we all know that sometimes this just isn’t possible, so at times like this get in contact with your local authority or even Citizens Advice Bureau and they will provide you with guidance and assistance.