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?

That's an interesting one. The t does show who owns the boundary but there's no obligation to put or maintain anything on the boundary. If a neighbour who didn't own the boundary put a fence on it, presumably they own the fence but if the boundary owner didn't like it they could presumably remove it and give it back to the one who'd paid for it.
The owner would have to give permission for the non owner to erect a fence on it.

I'd lived happily next door to my neighbours for 20 years when a fence between us blew down. I checked my deeds and they owned the boundary so went to ask what was happening about repairs. They said that the previous owner to me had put up the fence so it was my responsibility to repair. I pointed out it wasn't and they were absolutely livid, started talking about seeing their solicitor etc, I said fine. They then stopped talking to me or acknowledging me if we saw each other. Nothing happened till a few months later when they repaired the fence. The man came over and said their solicitor had confirmed I was right all along so they were now mending the fence. The wife still hasn't talked to or acknowledged me ten years later!

Bear in mind if you’re using boards at the bottom 6ft could be nearly 7ft. We did that and it does block our light a bit when hanging washing! 5ft is more than enough with the board. And the taller they are the more likely To fall in wind.

YANBU
I would tell the neighbour you will be putting up the fence regardless so if they want it to look tidier you’re happy to just replace their fence from the get go. They won’t like it but it makes sense for them to say yes. Maybe say you’ll compromise and do a 5ft fence… but with boards at the bottom it’s higher anyway!

The car is different, that’s trespass but can be moved
if the deeds show who owns the boundary then that owner owns the boundary fence. Irrespective of who owns it unless there’s a written agreement.
So if you don’t own the boundary to retain ownership of a fence you want on it always put it on your own land

Ridiculous behaviour - saves annoying small talk I guess! I hope you’ve been super smiley at her all these years just to piss her off more?!

@ButteredRadishes @Renabrook This is the third time I've posted this. In the UK you can erect a fence in your back garden up to a maximum of 2m (6.5ft) high without planning permission (up to 1m for front gardens). Any fence taller than this, however, would require planning permission. So OP, you can't change the height of the existing boundary because you say it's not yours (and I presume you've checked this) but you can erect a 2m fence on your side of the boundary and there's nothing your neighbour can do about this.

If a neighbour puts a fence on your boundary that you own as identified on the deeds they are trespassing. That line belongs to the owner of the boundary. The neighbour shouldn’t do it without permission from the owner and if they want to retain ownership they need to get that in writing from the actual owner of the boundary.

Yes
Of course the owner of the boundary can remove a fence that has been erected on their land

So your neighbour having to repair the fence on their boundary even though they didn’t erect it makes absolute sense

Whilst that might have been legally right, we have always split the cost of things like that with our neighbours without issue aside from the one time we wanted to replace a rotting fence which belonged to our neighbour and we offered to pay for it in its entirety as we wanted it done in a style of our choosing and they weren’t bothered. I don’t understand how these things just aren’t decided politely and fairly between neighbours.

Luckily we have large front gardens and our drives are quite far apart so I don't see her that often. We were only on a "say hello and have a brief chat" level anyway, we weren't friends. The man will still wave and say hello.

I don't understand why anyone would offer to pay money for something that isn't their responsibility. That's one of the main points of boundaries, to know who is responsible for maintaining it. I'd never offer to pay halves.
If my neighbours had decided that they no longer wanted a fence on their boundary I couldn't have forced them to have one, I would have had to pay for one to be put up within my garden.

Well, we're all different, we get on well with these neighbours and enjoy chatting over the fence. But I know some people are less sociable and that's OK too.

It’s not about being less sociable though is it.
Its about being able to enjoy privacy when you want it and being sociable when you chose.
I like to sit in my own living room with my family, I wouldn’t be happy if neighbours wandered in to join me at that time because I’m in my own private space. That doesn’t make me less sociable it just means I have boundaries.

2m is the limit without permission (6ft 6in). No they can’t do anything. Good fences make good neighbours…

I get on very well with my neighbours but would also hate to see them in their garden

Check with your council because some have a lower fence line.

A shorter one with a trellis on top may be a more considered option and might avoid wind damage depending on your area.

The last thing you want is to have a dispute with the Council getting involved.

Bear in mind that any dispute might need to be revealed on the sale of either house.

Nothing they can do! Stick the fence up but double check planning as others have said as if bordering a road and your house is on the end, you may only be allowed 3 metres due to visibility splays.

Be prepared for your neighbours to ignore you though!

I agree.

I'd be tempted to turn around and wave very ostentatiously every time. Blow kisses. Shout 'Yoohoo! Howdy neighbour!'...

Or bring out binoculars and train them on her. You could also hold up your phone and pretend to tape her twitching her curtains.

Exactly.

A 3-foot or 5-foot fence is utterly pointless. There is no sense going to trouble and expense if people can still peer in or chat.

Nothing to do with "being sociable."

Just crack on with it , put it up the inside and leave their wire mess where it is . High fences make for good neighbours IMO .

I'm a perfectly sociable person. However I want to be sociable on my terms. I like going in my garden to garden in peace and quiet, I certainly don't want to have to see, say hello or communicate with my neighbours unless I choose to, and I'm sure they feel the same. We are not friends, we just happen to have chosen to live in the same area for the past few decades.

Yeh I’d do that exactly, you can erect your fence in your property and I think 6ft is the standard height without planning so they can’t do anything

https://www.google.com/search?q=standard+garden+fence+height+uk&ie=UTF-8&oe=UTF-8&hl=en-gb&client=safari

👆🏻 Fence height allowed in the UK

We have 6ft fences surrounding our garden but our neighbours have raised decking at the back of their house (there's a drop of about 2ft from our houses to the ground). So effectively, the height of the decking reduces the fence between our gardens to 4ft. Which would be ok, but the man next door is 6ft 4" and they've positioned their BBQ right beside the fence meaning that many a summer day is dominated with him looming over the fence in a cloud of BBQ smoke!

What makes a fence subject to height restrictions?
serious question!

Is it that it’s specifically on the boundary ?
Is it a continuous line of posts and panels ?

In a few episodes of Garden Rescue over the years they put up posts with say a dozen 4” by 1” planks horizontal between the posts as a screen from neighbours windows. The planks start about 5 foot off the ground and go up to say 8 foot.
I don’t recall them ever mentioning planning permission.