We are in a mid-terraced house that has a back yard with a wall on all 3 sides. The wall is a stone wall and is about 3ft high from the ground. We have two toddlers (well, one is still a baby actually, but will have two toddlers) and this isn't safe enough for us because our back alley ends with a very busy, very fast main road.
We'd like to add a 2ft fence to the top of the wall, taking the total height to approx 5ft. I am only 5ft4 and when its measured out I can still see over it, so its not a high fence by any means.
On initial discussion the woman next door didn't seem to bothered, I said we were going to get quotes and we'd let her know how things proceeded. We have now had quotes and are due to get it done in about a month and she has started umm-ing and ahh-ing about it. She hasn't said she doesn't want it outright but is very hesitant in any conversation.
I have checked our title deed and the wall (and the one on the other side also) is a 'mesne and party wall'. My understanding, and I believe hers too, is that this means we share the wall and its 'our' wall up to the half way point and then its 'her' wall. The wall is about 1ft wide.
She thinks the wall is hers up to where the pointing on the wall changes from hers to ours. This still gives us a good 4inches of wall to build on however.
The fence will be attached on to our side of the wall, and shouldn't be attached to her side at all. Are we ok to do this?
Because she hasn't actually said no at all, I have just said that it is going up in a month and if she has any further concerns or questions to either ring or knock on the door. Have I done enough?