Anything we can before neighbour exchanges contracts

[Awomansworth]

We live in a semi rural location (only 6 cottages) and a farm. We live in the end house. All of the rear gardens had low fencing, that is until our son, who has Autism decided it would be a great idea to scare the living daylights out of us by repeatedly going over the fence into the neighbours garden.

His obsession didn't go away and we had to sadly increase the height of the fence, both for his safety and my sanity. One of our other neighbours (builder) suggested replacing our neighbours boundary fence with a six foot one. We both agreed and we met the cost of this. Everyone happy... well everyone except ds!

Fast forward 2 years... our neighbour's DH has sadly passed away and his DW has decided after a year of living alone, to sell the house that she has lived in for 50 years and buy something smaller. House sold within a week, but it has sprung to mind that the new owners may decide to take make the fence shorter again in keeping with the other six houses.

I'm presuming there would be very little we could if they did, however we invested £600 (very big gardens) and would then have to install a new fence repeating that cost again, so is there anything we can do to pre-empt this.

I would be honest with the new neighbours when they first move in. Pop round and explain why you had the fence built and why it is needed.
They are unlikely to want to remove it if they know your son will keep going into their garden.

Is the fence blocking an amazing view or anything like that? Isn't a private garden one of the things people most desire in a property? Every house I have viewed in the last year with a short fence, I have wondered how the neighbours would feel about me changing it for a higher one! I would be amazed if a person would want change a brand new 6ft fence for shorter one. I'm sure they will be very glad of the privacy.

Thanks... I'm going to see next door neighbour next week in her new home, so I will discuss it with her and if she doesn't want to mention it to them via her solicitor, I will talk to the new neighbours when they move in.

It's very private here with fields all around, but since there are only 6 houses it would be better if we all got along, so was just trying to avoid getting off on the wrong foot with them.

I really don't think you should worry in advance... Surely your new neighbours won't want your DS going into their garden, and will be happy to keep the fence as it is?

Do you have receipts for the fence? Surely if you paid for it then it belongs to you.
Even if neighbour decides they want a smaller fence on the boundary the existing fence is still your property, therefore there is nothing stopping you re erecting the fence inside your boundary next to their smaller fence.

Either way have a look at your deeds and see who is responsible for the fence, if it is you anyway then you are worrying over nothing.

Thank you Plainjaney I hadn't thought about that view point. The fence is definitely on neighbours boundary line, but I do have the receipts and will talk to them when they move in.

Hopefully as others have said, if they are aware that ds will come over the fence they will want to keep it as it is. DH said that even if they wanted a smaller fence, we would take the fence that we paid for and erect on our boundary line, so there would be little benefit to them and additional cost.

If the neighbour's fence is on their side of the boudary, it belongs to them, even though you paid for it.

Don't fret, you are allowed to erect your own fence on your side of the boundary to 6', unless otherwise stated in the deeds. One of our neighbours has done this and placed the new fence infront of the neighbour's fence.