If we put a 6ft fence up next to our neighbours .... Can they do anything?

[ButteredRadishes]

We offered to replace the old fence that is shared to Ur back gardens. They've got a 3 ft wires fence, rotting poles, leaning etc. is "their fence" as far as I can see.

We want to replace it (at our cost), they verbally agreed but are now kicking off, saying it will block their light, they don't want a 6ft, they want 3 ft.

We want 6ft, because she curtain twitches at the back window.

Any way, if they don't want to get theirs actually replaced, can we just build a fence next to theirs on our property? Like an inch or so away from theirs?

As far as I cans we, they'll be miffed,but couldn't actually stop us, right?

Make all the checks on deeds and local authority you can. This will ensure they have no right to dictate.

Look at what neighbours have done.

Erect your fence just a tiny bit inside the boundary line. 6ft high is good.

In Wales I’ve visited two houses where neighbours have two or three inches in between their individual fences. Works very well.

Crack on.

Yes you can do this. Our neighbours did this after we fell out over building works. To be honest it was the best thing they could have done. We still have our five foot fences and they build a seven foot fence directly behind it. Hasn’t caused a problem at all.

Also enjoy boundary disputes down the line if they sell their house or you sell yours.

I'd have another conversation first. It will look awful from their side having 2 next to eachother so if you explain you'll be putting it up anyway they may then agree to it being in the original placement rather than having 2.

Regardless of how much I like my neighbours 3ft is too low. I like to have my garden enclosed with 6feet fences.

Very odd that your neighbour want a low fence. What if you wanted a dog or they did ? What about your privacy and security?

YES you can and this is exactly what we did. Our NDN was vile, said she didnt understand why we wanted privacy as it was just her next door. Except it wasnt- it was her and her three teenage sons who smoked weed constantly, played loud music and were generally arseholes.

She told me categorically she wouldnt pay for the fence to be higher so we installed our own fence next to hers, inside the perimeter of our own garden. It was 6 foot- checked with the council- all perfectly legal. Best decision we ever made.

She muttered about complaining but we hard nothing of it as clearly the council had told her it was perfectly legal. Do it!

This. Expect aggro though so pre-warn the fencers.

What would the boundary dispute be exactly?

A boundary dispute arises when there's a disagreement between property owners or occupiers about the location of the boundary line between their properties. This can involve disputes over where the boundary line actually is, disagreements about structures on the boundary, or even issues with access or use of the land.

None of that applies. The new fence will be on the posters land NOT the boundary. If we are listing the things that neighbours are irritated by when selling the house I’d have to write

Having to replace a washing line a flying object damaged
Balls going over
Dog barking
Public road parking making reversing difficult
Children screaming
A dirt bike being revved
An exterior light being too bright
Burning shit when washing is out

None of that is a boundary dispute either and wouldn’t be written on the paperwork.

Unlikely. The boundary is an invisible line, not the physical fence. There is no legal requirement for anything physical to mark the boundary. The OP and her neighbour could have nothing between their gardens if they wanted. But the boundary still exists.

Then crack on!

This - its clearly marked on the deeds of the property. There could be no fence there at all and the boundary line would still be crystal clear

I would absolutely build your own fence rather than repairing/replacing theirs. If you replace a fence you agree is theirs and is on their land then there's nothing you can do if they "accidentally" damage it or pull it down or whatever. If you build YOUR fence on YOUR land then as long as its within building regulations there is nothing they can do and it would be criminal damage if they did.

My garden has double fences where both neighbours built their own on 2 out of 3 sides- yes it looks a bit weird when you look out of an upstairs window but as long as yours is the taller one you cant see the others - and if they are both built properly (i.e. the second fence not just attached to the first ones posts so there's too much weight) it will be stronger - less likely both will fall down in wind etc.

They're council tenants - so will never sell, she will be there until she dies (shes 79 atm) presumably because she and her husband are in a 3 bed house and haven't been moved on in 12 years+... her kids all moved out about 20 years ago.

How would it be a boundary dispute? The fence will be on the op's side of the original fence... totally on her boundary.

The op is doing nothing wrong. She doesn't have to enter into a disbute or argument with the neighbours, they are being unreasonable. 6ft is allowed for a fence and is a common and popular height.

Exactly. And a boundary dispute is where both parties are in dispute about the location of the boundary. The poster is not changing the boundary line or ripping down her neighbours fence. She is disadvantaging herself by eating up some of her own land in the installation of a new fence on her own land. Also her neighbour has no right to light. This is clearly stated on most paperwork nowadays when planning applications are sought.

I have! Am getting them round (to be nice) to chat to them to reassure them and scout out the new location of the fence.

Either way, the fence is going up - but I thought I might pretend to take their feelings into consideration for the sake of neighbourly peace.

we can successfully grow veggies in our front garden too. I'm not worried - they won't miss out on light for their shrubs along the fence

You can only be neighbourly with reasonable people. It sounds like they don’t want change which is understandable at their advanced years but sadly unenforceable.

and when we moved the re were HUGE plants and shrubs along the fence that were all over grown and tall - a real jumble and mess. We ripped it all out to make a vegetable patch... so there's no difference really in my mind.

Surely a reasonable fence is 6ft or a bit higher- any lower and most men’s heads would be higher and you could see in your neighbour’s garden- who would want that?! I have never lived anywhere where my husband could see over it.

The OP is the Original Poster. There is no need to quote them out when adding a comment because it is assumed that is who you are responding to anyway. If you want to respond to something someone else has said like I am doing now you can either "quote" them or use the @ symbol which will bring up a list of all the names of people who have posted on the thread so you type @ and then the first few letters of the poster's username and choose it from the drop down list.

There is a request on the Site board to stop people being able to quote the OP's first post because it is sort of redundant when adding to a thread. I hope that helps. It is a bit of a peeve hence the comment to you.

he's okay with it, he's 52. She's just moaned on.

@ButteredRadishes If you're certain the boundary is their responsibility you can't replace it. However, your plan to erect a fence on your side of the boundary is perfectly acceptable and in the UK you can erect a 2m (6.5ft) fence in your back garden without planning permission (only 1m high for front gardens) so crack on OP - there's nothing they can do about it.

Agreed! Fab diagram @ButteredRadishes

But at the moment it's still fine for people to do it if they want to.