Erecting a fence around a small shared garden

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I own my ground floor flat in Scotland and have a small shared back garden that I share with my upstairs neighbours who rent from a private landlord. I have a dog and as the garden opens out into a path that leads to a road, I want to enclose the garden with a 1m high fence.

Who has the final decision on whether the fence can be erected? My upstair neighbours have made noises that they'd rather there was no fence. I don't think their landlord cares either way.

I'm not wanting a fence to keep anyone out of the garden, only to keep my dog in.

When googling for an answer to this query, I saw people suggesting to put a fence down the middle of the garden giving half to my neighbours. The garden is tiny so instead of sharing a decent but small sized space, we would each have a tiny pointless space.

Not really sure what my or their rights are. Any help would be great!

I think you need to ask the owner of the upstairs flat and possibly the freeholders of the building (if there is one in Scotland). I don't think the tenants have much say if the other owner is happy for you to do it.

do a search on line for temporary fences for dogs (images) a lot of different ideas come up that might solve the problem

I suspect the upstairs neighbours object to your dog rather than the fence. A dog in a shared garden is a tricky one. I assume you want to let your dog off the lead and rely on the fence to keep your dog in? Can you see how that looks like you are taking over the shared garden as a dog run / toilet?

@Rollercoaster1920

I suspect the upstairs neighbours object to your dog rather than the fence. A dog in a shared garden is a tricky one. I assume you want to let your dog off the lead and rely on the fence to keep your dog in? Can you see how that looks like you are taking over the shared garden as a dog run / toilet?

They had a dog until very recently but she sadly died early this year. They dote on my dog so I honestly don't think it's that. The man upstairs puts out a sun lounger on the back grass to sunbathe (in his speedos!) and he moves the lounger about depending on where the sun goes. I'm thinking it's got more to do with that maybe? The fence I'm looking at is 90cm so wouldn't block out the sun, but would give him less options for his sun lounger as he sometimes straddles it across the grass and the slabs in front of the grass that are council property. If anything, I'd feel a bit awkward being behind a fence with a half naked man I don't know that well! But I want my pup to have outdoor space where I can relax. We have issues with bags of rubbish and dog pooh being left on the grass so that is one of the reasons too, but tbh, it's not THE reason if you know what I mean. My dog doesn't even pee on the grass. I need to take him round the corber away from the flat before he pees. Wee weirdo :)

@mumwon

do a search on line for temporary fences for dogs (images) a lot of different ideas come up that might solve the problem

Didn't even think about this! My dog is very small, so a flimsy temporary fence would do the job. Our other neighbour had a larger dog that runs about off the lead sometimes, so another reason would be to keep my neighbours dog away too. I forgot to mention that. My dog is terrified of my neighbour's dog.