AIBU not to tell neighbour we plan to add our own fence?

[Mollymoppett]

We live in a small detached house and there is a party fence between us and neighbours. We’ve checked deeds it’s his fence. It’s a slatted fence so all his greenery comes through and our respective dogs bicker all day. The fence needs regular maintenance out side, his side not so much as he has lots of bushes in front of it so he csnt actually see it and doesn’t maintain it. Our side is right outside our kitchen window and looks untidy. Plus one fence post his side has broken meaning our gate drags . All sounds petty I know! I’m disabled and future proofing, we’re considering getting a composite fence outside and leaving a gap so his fence remains as is and we have a new fence with no maintenance, no dog arguments and no shrubbery coming through. We’re not friend,y as such just pleasantries. I asked him if he’d repair the broken fence post and he mumbled something but it’s never been done. AIBU I’m not telling him about our plans as it doesn’t really affect him and do you know if there are any laws in doing this. I hate confrontation just want to live my life in harmony. I think if we tell them he’ll be angry.

Not his business to know imo.

Won't his greenery grow over your fence? I get it can't go through if it's composite, but growing over would be an issue too.

I dunno. Certainly get it done and you don’t need his permission. It’s your property, it won’t be a shared fence so you certainly don’t have to tell him.

But if you think he’ll be angry if you tell him do you think he’ll be less angry if you just do it? Hopefully he won’t care, why would he be angry? I wouldn’t be angry if my neighbour put a fence up their side.

He will be angry whatever you do so just put your fence up. You don’t need his permission or approval. Cut any greenery that grows over the top and throw it back to your neighbour.

YANBU to do it but just talk to your neighbour. It's how we oil the social wheels of society so that we can all get along and live in harmony.

That happens on every boundary if anyone
plants anything tall. You just cut back anything that comes over the top onto your side. Really not a big deal.

My understanding is that as long as you are putting it on your land and as long as there is a certain distance between the two fences to allow maintenance, you can do what you want.

You cannot throw it back over. You need to offer the cuttings back to the owner of the plants, but you cannot just chuck them over. If they say no thanks, then you need to dispose of them.

There’s a limit to how high you can build it, but otherwise there’s nothing stopping you.

I would tell him as a courtesy and in the interests of keeping a minimal level of neighbourly relations.

If you don't tell him, he first he will see of it is when work begins and human nature is to be on the scale of irritated to annoyed about being taken a back. It would piss most people off to have no warning I think - because it's indicative of the fact that you don't want to speak to him at all. He may think it was really rude and it would give him a negative view of you as neighbours. A negative view is the first step on the road to all out neighbour war!

You have to live next door to him so it's not worth being covert about it. You don't need to ask permission - just tell him in a 'just to let you know' and when the work will be happening so he has some warning and to say that your aim is to end the dogs squabbling.

Where I used to live pretty much everyone had their own fence so there were a lot of back to back fences. Usually done so you had matching sides and back fencing you could paint/stain any colour you wanted as it was your fence. It is a perfectly legal thing to do.

The only thing to consider is if he then decides to remove his fence and use your fence as his new fence on his side.

To cover yourself, take video footage of the fence now, narrate the video, you can do this from inside your property. Take photos too especially of the boundary line that the fence is on, ie between the houses. I would inform him in writing that you are putting in your own fence and leave it at that.

Should he then remove his own fence you follow it up with a letter to state you do not give him permission to attach, paint or do anything to your fence. Take a photo of the invoice for the fence and label it in the settings (mine allows me to do this) meaning I can find things easily via my photos rather than digging out a receipt to prove something is mine because I paid for it. But don't put any of this in the original letter so he doesn't get the idea of removing his fence.

If it was me id say to him we are putting a fence up around our garden. Would you prefer us to replace your fence or leave your fence and put ours up on our side of it?

I'd do this too. Why do you think he'd be angry?

Generally the Party Wall Act doesn't apply to fencing. But be careful if part of the fence is on your land, rather than entirely within his boundary.

Also be aware if your fence extends so that it covers and blocks access to his actual wall.

https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

Personally I'd save money. Talk to him and offer to get his fence replaced or repaired if he's struggling to do it.

Creating a corridor bounded by two impenetrable fences is a recipe for a world of weeds you can't kill or rat holes you can't access. And animals will somehow contrived to get stuck in there.

Just offer to replace his fence at your cost. Don't add confusion to the boundaries unless you absolutely have to.

Just stick a note through his door if you don't want any awkwardness. As long at isn't attached to his fence I can't see an issue.

Do this. Not everyone wants to look at plastic composite though.

Sorry, this probably isn't what you want to hear, but I've seen this situation a few times before. Personally, I would ask them if you can replace the fence.

It's also worth bearing in mind that composite fencing isn't always the ideal long term solution. Even products sold with long guarantees can start to look tired, weathered and quite industrial after a few years.

I would also avoid leaving a gap between the two fences. In my experience, it quickly becomes a maintenance headache. The space tends to fill with weeds, bindweed and ivy, which grow through, under and over both fences. Unless you leave a significant gap, it's almost impossible to access the area properly for maintenance.

Having dealt with this myself, the only practical way to keep the area clear was to lift the fence panels, prop them up and then weed between the fences. It's time consuming and awkward. The gap can also provide an attractive shelter for rodents. If you are going to do this, concrete the ground between their fence and yours.

From experience, replacing the damaged fence is usually the cleanest and most practical solution in the long run. In addition, you don't have the headache of boundary arguments in the future.

I imagine he will then remove his fence and pinch an extra few inches of garden

this is very interesting and contains information I would never have thought of - obviously from experience. I hope @Mollymoppett the OP finds it useful.

Thanks all for your helpful messages, everything is a minefield these days isn’t it. I totally understand what you’re saying about the gap between the two fences and the problems that could bring.
back ti the drawing board then !!! Not quite sure what ti do now 🤔🤔