Putting a fence on top of a party wall, my rights?

[FreakyWeasel]

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 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?

Can you not just put it against your side of the wall(ie your land) if she objects?

Are you aware of the Party Wall Act? I don't know if this would apply to your circumstances:

www.communities.gov.uk/documents/planningandbuilding/pdf/133214.pdf

Also consider planning permission. Again I don't know if this would be relevant in your situation, but just two things to consider.

LIZS Yes, I think we could but it would look more naff from both sides so would prefer to avoid this plus it'd cost more.

MonkeyMiss I think we don't need planning permission because it will be less than 6ft. I've read the pdf you linked to and it was very useful. We haven't given 2 months written notice, but even if we did we can't afford to employ a surveyor, a surveyor for her and a third party surveyor anyway if she complains so we'd just have to put a fence up on our side, from the floor up.

Its stupid really, because we will be putting up a fence and it'll be just look better for all concerned if its neat and on the wall rather than on our side. We'll be the onlyy ones in the street to have done it that way so it will look at bit daft.

Would a trellis and some plants be an option?

Trellis and some climbing roses (Compassion is a winner) would keep anyone, never mind a toddler, away and would look so, so much better.

Should have said that there is no earth there to plant any plants in IYSWIM?? So don't think we could have plants growing up a trellis. Can't relay the patio!

Could you put some pots at the bottom of the wall with climbing plants growing up some trellis?

TBH Norky, if we can't afix anything on top of the wall then we'll need to put something on our side of the wall and I'd rather have a solid fence than trellis (which I think would be perceived as a fun climbing challenge for my DD1 anyway, basically being a ladder!)

The whole idea is to make it into a safe toddler yard so having plant pots on my path down the gate, in the way of my buggy, to grow climbing plants in isn't an option TBH.

I guess if she doesn't agree to the fence on the top of our side of the wall then we'll just put a full fence panelling in our yard on our side of the wall. Hoping I won't need to. I guess I could give her the choice. We're going to fall out about it aren't we?!