Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Can my neighbour insist that we replace our (perfectly good) fence?

30 replies

Reallybadidea · 12/05/2020 12:50

Next-door neighbour has recently bought a piece of farmland that adjoins part of our garden. On our deeds it shows that this boundary is our responsibility and it is currently fenced with low level wire fencing which is secure, but gives us a lovely view over the countryside.

Neighbour has informed us that she wants to replace it with 6 foot fencing for privacy and expects us to pay. Leaving aside the fact that she's told us she's not planning to apply for planning permission for change of use from farmland (in greenbelt conservation area) to garden, we are pretty upset that we're going to lose our view. Having to pay for the fence that would add insult injury! Can she make us?!

I'm currently inclined to take a pragmatic view and offer to contribute to a fence that maintains some of our view, but it would be good to know that there is no legal basis for her to insist on fencing of her choice.

OP posts:
ClaudiaWankleman · 12/05/2020 12:53

She has no basis but she could easily just erect a second fence on her land.

Thisismytimetoshine · 12/05/2020 12:56

She can't force you to pay but she can install the fence on her side of the boundary.

Wewearpinkonwednesdays · 12/05/2020 12:58

If the dance is on her boundry, why is it your responsibility? If the fence is on your land, she can not remove the existing fence , or replace with a new fence, and no, she can not make you pay for a new fence.
Technically she can do the first 2 things, but legally she's not allowed.

Original poster
Reallybadidea · 12/05/2020 13:03

Yes, I understand that she can put her own fence up on her side of the boundary. I'm hoping that an offer to share the cost of a smaller fence would incentivise her not to do this. If she insists on a 6 foot one then I don't want to be made to pay for it (and I will also be reporting her to the council for lack of change of use permission).

OP posts:
KatharinaRosalie · 12/05/2020 13:04

I would really love to hear her reasoning why she thinks you should pay for it.

Thisismytimetoshine · 12/05/2020 13:06

You can't be made to pay for it, but you have no say in it either.

I'm not sure why she would have to apply for change of use permission, tbh?
Once she's not building on the land she can do what she pleases with it, she's not obligated to farm it?
Maybe you should have bought it yourself...

Original poster
Reallybadidea · 12/05/2020 13:08

Maybe you should have bought it yourself...

We tried! She's friends with the land owner so they chose to sell to her. AFAIK you do need planning permission for change of use this way because we are in a conservation area.

OP posts:
Original poster
Reallybadidea · 12/05/2020 13:11

I would really love to hear her reasoning why she thinks you should pay for it.

Because the deeds show it as our boundary. And she's a cheeky fucker with a massive sense of entitlement. On one occasion she took down some fencing further up the garden and chopped down a flowering jasmine at root level, then left the mess all over our patio.

OP posts:
Soubriquet · 12/05/2020 13:12

The fact she’s tried to get you to pay for it makes me think she won’t erect her own fence

KatharinaRosalie · 12/05/2020 13:16

Because the deeds show it as our boundary.

Exactly, and you are perfectly happy with the current fence.

Bluntness100 · 12/05/2020 13:19

You both have a boundary, clearly. She is free to erect any fence she wishes on her land on her boundary as long as she complies with any planning permissions.

She cannot force you to change your fence or ask you to contribute to hers.

Simply explain that to her. Cheeky cow. If she wishes a six foot one for privacy she’s not going to go for a three foot one.

Simply explain to her your fence stays but she is more than welcome to add her own on her own land but thus must be at her own expense, you cannot be asked to contribute to any improvements she makes on her own property nor can she be forcing you to change your property or anything on it if there is no danger or planning issues.

dementedpixie · 12/05/2020 13:21

It's your boundary so you could choose a cheap bit of wire strung between 2 poles if you wanted. You are not obligated to mark the boundary with a 6ft fence. Could you come to some agreement about a smaller fence that you could both pay for?

Pipandmum · 12/05/2020 13:21

You are responsible for a fence on whichever side it says on the deeds. There is one and you say it is in good order. The advantage of being responsible is you can decide what the fence is, or even if there is one at all. If she decides to put something else up she can do so only on her property; she cannot take your fence down. A fence on her own property can be up to 2m, but she can't ask you to pay for it. I don't see how it can be any clearer than that.

MaggieFS · 12/05/2020 13:21

Make sure you take plenty of photos now, to ensure if she does change use, you can show how it currently is. Also to show she is responsible up to your current fence and not wherever she chooses to place a new fence.

saraclara · 12/05/2020 13:26

You are absolutely not under any obligation to pay for a fence on your boundary. The boundary is marked, and that's all you need. She's just trying it on.

When we bought out last but one house, we had a low wire fence on our boundary. Our neighbours wanted a fence there and asked if we'd pay half. We absolutely and genuinely didn't have the money to do that. We'd way over-reached ourselves in buying the property, so we simply said that we were really sorry, but we didn't see the need for a fence at that point, and that we had other things that needed to doing that were much higher priority when we finally did have some money to spare.

They were fine about it, and paid for their own fence on their side of the boundary.

jellybean85 · 12/05/2020 13:28

No she can't make you change your fence but as others said she could just put up her own

Thisismytimetoshine · 12/05/2020 13:29

What does it matter that she can't take op's fence down, really?
She can erect her own right up against it on the other side. All she can't do is force op to pay for it.
Just like op can't force her to farm the land.

Apolloanddaphne · 12/05/2020 13:32

Just tell her you are happy with your fence as it is and won't be changing it and certainly not paying for it. If she is breaching conditions for use of the land report her.

OliviaBenson · 12/05/2020 13:45

She requires change of use to change it from farmland to a garden. If it's green belt she's in for a challenge.

She can't make you pay for a new fence. The fence she wants to erect (if she does so) would require planning permission as part of use so she can't just erect something on her side, so to speak.

I'd say no and inform them that you will be reporting them to the council if they erect their own fence too.

UltimateIrritant · 12/05/2020 14:29

She would need to apply for a change of use from agricultural to residential for it to be used as a garden. You absolutely must report her to planning for this. If it's not reported and remains in use as residential for a certain length of time, she would then be able to claim that the use of the land as residential has been established and it can legitimately remain as such. She or someone else will possibly put outbuildings, sheds, swimming pools or anything else at the rear of your property. The rules as to what you can and cannot do to land are different depending on what the use of the land is designated as. Don't let her get away with this, it will possibly significantly effect the value of your property. People would generally pay more for views of agricultural land than views of someone's garden sheds.

Original poster
Reallybadidea · 12/05/2020 17:10

She or someone else will possibly put outbuildings, sheds, swimming pools or anything else at the rear of your property.

This is a very good point. It's also occurred to me that there's nothing to stop her growing a hedge of leylandii against a lower fence that we've paid for. We're going to draft her a letter telling her that we will not be paying a penny and warning her that we will be informing the planning department if she makes any attempt to change the use of the land without planning permission.

OP posts:
averylongtimeago · 12/05/2020 17:31

If it is your boundary and you are responsible for the fence, then she can't make you pay for a new fence or take it down and replace it or alter it.
She can put up her own fence on her land, she won't need planning permission if it is 6ft or under.

However- she will need planning for change of use. We have had some experience of this - if it is agricultural land then they can't just incorporate it into their garden. They can't plant it with garden plants or put in children's games equipment like a trampoline. They can plant some fruit (not ornamental) trees and cut the grass, but not have a lawn.
It's a nightmare- there was a huge fuss in our village a few years ago when a planning officer noticed on a visit to a new house that half a dozen other houses had incorporated a strip of field into their gardens. They had to apply for retrospective planning permission- take down sheds, remove stuff.

Windyatthebeach · 12/05/2020 17:38

I would give the council the heads up. Once she has done it they may suggest that retrospective planning permission is enough..
Prevention being better than cure so they say...

guanciale · 12/05/2020 17:47

stick by your rights op it seems if u give in ur neighbour will go on taking advantage of you. report to the council?

LordOftheRingz · 12/05/2020 17:51

diagram or it is not real.

Swipe left for the next trending thread