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Legal matters

Party fences

3 replies

Lolaismyfavouriteandmybest · 02/04/2014 19:05

My neighbour wants to replace the fence between our properties, which has been damaged, with a different design of fence. It is in the middle of a run of 6 boundaries around our property and will look awful on our side. It is a party fence according to our info. (We are in England) she has notified us of her plans rather than asked if it's OK. Can we stop her from changing the fence?

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LIZS · 02/04/2014 21:10

If it is a shared fence don't you have to agree as you are liable for some of the cost? Our neighbour wants to have a different style to the existing one between us but it is our fence and we want both sides to match ! We've got a dilemma in that they have offered to share cost but think that means he'd feel able to have some say .

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Lolaismyfavouriteandmybest · 02/04/2014 23:10

They haven't asked us for any money. They are basically taking control of our fence :-(

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MidniteScribbler · 03/04/2014 04:16

www.gardenlaw.co.uk/ is a forum that will probably have good advice.

Over here, a shared fence means shared cost, but if one party is prepared to pay more or the full amount then the law is generally in their favour, unless the other party has a very good reason (not all fences going to match is not considered a valid reason). For example, the standard around here is wooden fencing, but I offered to pay to replace our shared fence with colourbond fencing and fortunately the neighbours agreed, but even if they hadn't, I could have sent them the requisite notices and would have been allowed to do it.

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