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Fence entirely on my property but shared in costs with neighbours

(4 Posts)
user1487413814 Sat 18-Feb-17 11:16:29

Hi, I wanted to get some advice about a fence which divides mine and my neighbours gardens. The fence is entirely on my side, i.e. on my property, however my neighbours have paid for half of the fence as it was installed 2 years ago when I moved into this property.

I wanted to erect either a trellis or part fence/trellis panel on top of the existing fence up to the legal 2 metres height. The fence is currently 5 foot not including the gravel board.

When the fence was initially installed I told my neighbours about the trellis but as they dealt with the installation in my absence this was not done at the time.

Relations with these neighbours have not been good. They installed the fence entirely on my property (whereas beforehand it wasn't) and covered most of the air vent on my house. They also did not put the fence back straight but put a 15cms deviation/ dog leg at the back end of the fence into my garden which was to avoid the power cable running from their property to the garage at the back of the garden. This only came to light recently when we finally settled the dispute where I compromised on the position of the entire fence as long as the back end was straightened out as per the deed drawings of our buildings and land. Unfortunately since the fence installation they have caused me many problems which resulted in me having to call the police and my neighbour was almost arrested.

I obviously do not wish to see these neighbours on a daily basis and have considered moving but am not in the financial position to do so just yet. They watch my every move and have made my living conditions extremely uncomfortable. Although they have calmed down since the police warning and in my efforts to avoid them further I wanted to make the fence higher hence my request on whether this is legal.

wowfudge Sat 18-Feb-17 11:51:08

In your position I would abandon the idea of attaching trellis to the top of the fence. It will only inflame things. The height of the gravel board counts towards the overall fence height btw.

What about paying the neighbours back for their half of the new fence costs? Then you own all of the structure on your land. How was this work done when you weren't there?

dotdotdotmustdash Sat 18-Feb-17 13:17:28

If it's on your land then it's your fence, essentially they gifted it you when they agreed it was going on your land. If they wanted a fence they could control they should have put it on their own land.

At least that's my understanding from reading lots of threads on the Gardenlaw forum.

loveka Sat 18-Feb-17 13:44:39

If you look on the land registry website the law on fences is very clear. It's putting the law into practice that is difficult. And expensive.

I am in your position. The neighbours put a new fence up while we were on holiday. They paid for it but removed the old fence without my permission. I want a high fence between us because they are awful bullies, this is just the last in a long litany of things.

My neighbour broke the law. But I can't get him to obey the law without spending money I don't have on solicitors.

So. I am going to put up a 6 foot fence beside the fence he put up. It will be on my property entirely, and I will lose a few inches. But I am allowed to put a fence on my own property so that's what I will do.

If I were you I would do the same, rather than having to start arguing again.

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