Neighbour won’t replace fence…. Can I put one up on my land?

[Ballsaque]

My neighbour rents his house out so I don’t think he’s too bothered that there is no fence between our houses. We own our house.
We have loads of trees and bushes but it would be much more private with a fence,plus safer. I have asked him about it before and he said let’s talk again in the future.

If he refuses to put up a fence (I believe there’s no legal obligation to do so?) can we erect one just in our boundary?

I’m really hoping he agrees and that the worst case scenario is I end up paying half even though he’s making a fortune in rent

Any advice greatfully received.

Yes you can . You cannot force him to replace what may have been there.

If you want a fence, you build a fence, on your land

Yes put your own fence up. I would prefer to do that than go halves with someone who is difficult, because then you are in control whatever he chooses to do in the future.

Absolutely you can.

Of course you can, whether he agrees or not, but you will need his agreement if you have to go on to his land to erect it especially as you already have trees and shrubs there. He is not obliged to pay anything towards it though.

Great,thanks everyone.

I’ll approach him again this week and see what he says. The family that rent the house have a young child and I feel nervous about our big padding pool and the safety issue.

So in fact worst case scenario (financially) is we erect our own on our land.

Have you contacted the landlord? A tenant isn't going to replace a fence but you could try the LL and if that doesn't work put your own up on your own land.

@EdwinaSharma

Have you contacted the landlord? A tenant isn't going to replace a fence but you could try the LL and if that doesn't work put your own up on your own land.

Yep,contacted him a year ago. I’ve had some quotes now so will get in touch again and see what he says.

The tenants would love a fence obviously.

There are some legal issues. The deeds sometimes say which side of the house owns a particular fence and you may know from who has maintained it. I think sometimes plans will have a T sign on one side showing which side owns the fence and/or if the wooden bits holding up the fence are on one side that might help work it out. Eg my neighbour has the one between us and she decades ago had concrete put in as posts for a robust wooden fence. She always replaces the fence panels as it is her fence (although I did some last year - my own choice and expense as she is 87 and cannot even see the fence well never mind go much in her garden). It still remains her fence however in law.

It is always simpler if the fence is directly in the middle of the boundary as if you put a second fence further in in your land as another neighbour did in a sense you are losing a bit of your land and making the boundary with the neighbour less clear so if the current fence is entirely not there then I would make sure you put a piece of string on exactly where the boundary is and build it there rather than completely in your land.

It is definitely my neighbour’s fence,I have to maintain the other side.
Because he doesn’t live there it doesn’t really affect him. He makes a lot in rent so must be able to afford it.

the info on my deeds is unclear,nothing in red at all.
I have contacted him today so we’ll see what he says.

Most unhelpful Land Registry info ever!

My property is the one just slightly to the left of the arrow….. hard to draw!

Just put up a fence on your property. You don't need permission from the neighbour. I know it will cost you more, but this way it's your fence and they can't touch it. If they want their own, they can put one up on their land.

Thanks @longtompot i suspect it will come to that.

Have the tenants asked him for a fence? Given your pool?

@CarmenThePanda Yes they have asked amongst other things. I’ve spoken to them about it quite a bit,although not since a year ago.

Hi @Ballsaque your deeds should have a bit more detail over who is responsible but even if there is clear responsibility it can be pretty meaningless, ours state "chain link fence or similar" to the front, to the rear we have a single wire with a fence on our side.

You don’t need anyones permission to put up a fence in your own garden, as long as it’s within the guidelines Ie not more than six foot high etc or whatever is applicable for your situation.