Inoffensive fencing

[kirinm]

We have a large garden which is effectively split down the middle with the flat below us - but there's no fence (it is on the deeds). The flat below us is tenanted and in the nearly 7 years we've been here nobody has done anything to their side of garden. We used to do their half but ran out of steam since it was all our time and our cost

Unfortunately this means that the tenants downstairs come and use our side of the garden - mainly in the summer. That can involve barbecues and topless sunbathing. It obviously means we can't use the garden at the same time and I feel uncomfortable about asking them to move - especially because we don't have a fence. They do know which part is our garden and which isn't.

We are looking to sell and because we are inner city London, the garden is a big selling point. We will get more money if we sell the garden as private so we need to get a fence in. If we don't, we are going to have to try and tidy up their side of the garden in any event but it has been ravaged by weeds for years now.

We want to stay on reasonable terms with the downstairs landlord but he is going to be reluctant to fence the gardens as his garden is a total state and he needs our part of the garden to make his property more attractive.

I'm just wondering if there is anyway of splitting the gardens that won't cause an issue between us and downstairs. Perhaps something that isn't too high?

Does anyone have any attractive recommendations?

If you’re selling, why do you care what he thinks? If he wants a nice garden he can bloody well sort out his own, get a proper fence.

As we own share of freehold, we need him to sign things off. He's known to be slow anyway so ideally want him 'onside' so things aren't slowed down.

I'm also wondering if he might kick up a fuss and challenge the boundary.

If you are selling, most people will want privacy in the garden, particularly if the downstairs tenants are using the garden in the way you describe. This means a 6 foot high fence or hedge, not a low fence or trellis. So your desire not to upset the other owner is in direct conflict with your ability to attract a buyer and get a good price for your property. You need to decide which is more important to you.

If you think there is a dispute over the boundary that’s a different issue and needs to be resolved, but I am strongly of the opinion that good fences make good neighbours!

Why do you need his permission to erect a fence? Once it's inside your own boundary you can do what you like?
I can't believe you've actually lived with not using your garden because the downstairs tenants were using it, all this time, instead of just fencing it off!

To be fair, the garden has been very much down our list of to-dos as we've renovated the flat but yes, we've kind of let it slide for a long time but it's probably the one thing about the place that annoys me the most.

I think you're all right and we need to forget how this makes the very hands off landlord and concentrate on how important it is for us to be able to sell.

We don't need permission - just feel like it would be the kind of friendly neighbour thing to do since there's never been a fence. The landlord thought the garden was communal - or so he claimed - until we showed him our title plan and his own. But he also bought the flat when it cost £90k and probably doesn't appreciate that people paying £500k want a private garden not communal. (He's actually a very astute businessman so he likely fully appreciates the position but plays dumb).