Boundary fence

[OnlyMakeBelieve]

Our neighbour has built a 2m fence right next to the boundary fence between our gardens. It is on their property. We now look out to a small boundary fence and then the big one (which is very ugly and cheap). As they now have no access to the boundary fence, can we remove it and replace it with a nicer looking fence so we don't see their ugly one?

Could you do the same as them and just put a new fence on your land, effectively hiding both?

As they haven't just replaced the existing fence, I assume that the boundary is your responsibility? Is there anything on your deeds?

If it is 'your' boundary, then I can't see why you shouldn't just replace the fence. Or just plant some shrubs to screen theirs?

We could but then we'd have three fences in a tiny space. If we have to, then we will.

They only put theirs up because they didn't like the decking we put in our back. The boundary has always been a shared responsibility.

If it's shared then I think you will probably need their permission to remove and replace the existing.

The fence isn't the boundary. The invisible line is the boundary. They have chosen to mark that boundary with a larger fence of their choice. There is nothing stopping you removing the small existing fence and marking the shared boundary with an equally large fence of your own. Or you could put of your own third large fence and sandwich in but that would be dumb. I have stupid neighbours who do thi shit too.

But the neighbours haven't marked the boundary - they have erected a fence inside the boundary on their own property.

If the boundary is a shared responsibility, it is likely that the neighbours have paid something towards the fence that is marking the actual boundary. Also if it is a shared boundary, both parties have a say over what is done on that boundary. Therefore, the neighbours should be consulted over what is done to the fence and what happens on the boundary.

The OP can do what they like on their own property eg erect a third fence on their land.

OP do your deeds actually specify joint responsibility?

If the fence is shared then you can't just remove it without their permission.

@Seeline "If the boundary is a shared responsibility, it is likely that the neighbours have paid something towards the fence that is marking the actual boundary."

They haven't paid a penny towards it.

Their ginormous fences also mean they have no access to the fence (nor to one of the walls of their building. I think they think they can now get access via our house. Like hell.)

I'll check the deeds!

Why didn't they just replace the smaller fence if they were going to erect a larger one? Did they mention it to you beforehand? Personally if it's shared I'd just remove the smaller one & replace with one you like, but if it's joint responsibility I'd make them aware first.

@HouseOfCrayCray Because they they couldn't have sneakily waited until we'd gone out and done it

Is your decking considerably higher than the original ground level? Maybe they wanted privacy. I would.

Ooooh how sly, they sound a bit of a nightmare tbf

Not necessarily sly, maybe they thought you would object to the new fence height. Remove the small boundary fence and replace with one you are happy with.

Lots of people have fences back-to-back to match in with the other sides of their garden. It's really common where I live.

A shared boundary fence can be paid for by either party, or both but I would take photos now of the situation and video before you replace the fence.

In my area boundary fences are not usually joint responsibility, they belong to one side or the other. In your title deeds look for a kind of tick-mark on one side but not the other.

If the smaller fence is their responsibility, or joint, you have to leave it unless they consent to removal. As they can't even see it now, difficult to see why they would refuse, but if they did you could plant some shrubs.

If it's your fence you could just take it down and either replace with a higher one (but why bother..) or plant some shrubs.

@Twenty2 Its actually less high than previously.

We are hoping to compromise on this, but they've ignored all our previous messages and attempts so I won't hold my breath.

Thanks for all the messages. I think we're going to cover it with a screen and grow plants up it.

A couple of things come to mind - decking over a certain height requires planning permission iirc. If your neighbours have put their own higher fence in, you could remove yours unless the title registers state the boundary structure is a joint responsibility and there will still be a fence between the two properties. Just be mindful where the actual boundary is. For privacy I'd prefer a higher fence than each side being able to see over into each other's gardens. Surely if they need access they can just remove a panel of their fence?

You can't really complain if you've done something which hacked them off. 2m is the maximum fence height you can put in without planning permission and their fence is completely within their boundary. Did you talk to them before you put your decking in?

Hmm. I wonder whether they doubted that the low fence was at all theirs? In a way, their choice to build a new fence rather than adapt the one that was there already might suggest that they feel the legal boundary is between the two fences.

In practice, it is quite unusual for a fence to be of shared ownership. Usually it forms a physical boundary, but the legal boundary is on one side of the fence. This means the fence will be owned entirely by whoever's land it is on, and the owner can maintain, neglect, or even remove it as s/he feels fit.

With normal people, you could just ask them to write a letter saying they do not own the low fence, as you want to replace it and do not want a dispute should one of you later sell up.

If you think they are going to be difficult, I'd be inclined to write to them asking for money towards painting the existing low fence, unless, of course they feel it is yours and nothing to do with them, and in which case you will do it at your own expense.

Hopefully they will fob you off with a reply that they own the high fence and the low one is entirely yours and not their responsibility so they won't pay a penny. This is, of course, the outcome you were hoping for. This would make it very hard for them to later claim they owned the fence you wish to remove and should prevent them from being able to take any form of legal action - after all, you will have removed a fence they quite clearly told you they do not own!