So there are now two fences, one on your land and one on your neighbour's land. The boundary, being a line of no thickness, would then run between the two fences even if those fences are touching each other. The height of fences is a matter of planning policy.
To find out what is allowed in your area contact the local authority planning office. As a general rule, fences in rear gardens are allowed to be up to 2 metres high.
Who is responsible for erecting the fence? There is no general rule about whether you own the fence on the left or the fence on the right of your property.
The truth of the matter is this: it is the vendor who breaks up the land into smaller parcels before selling each parcel individually who assigns responsibility for the boundaries of the new land parcels that he creates. If he remembers to do so, then he will identify in the conveyance deed or the transfer deed the boundaries for which the purchaser is responsible.
Consider the picture above. It shows four houses, numbers 32, 34, 36, Notice that, between them, they have five flank fences shown in red. One of these four houses, therefore, must be responsible for both its flank boundaries.
This might mean that all of the houses are responsible for the boundary on their left and one of them is also responsible for the fence on its right; or it might mean that they are all responsible for the fence on their right whilst one of them is also responsible for the fence on its left; but it doesn't tell us which house is responsible for the boundaries on both sides; And who owns the rear boundaries? Numbers 32 to 38, or the houses in the parallel street behind? My neighbour is in the process of erecting his new fence, and he has started putting it up so that the smooth side faces towards his own house.
Is he allowed to do this? There is no law that says the smooth side of the fence should face the neighbour. If your neighbour pays for a fence that he erects on his own land even if he builds the fence so that the outer face of it, as seen from his land, runs along the boundary then he is entitled to choose the style and colour of the fence, as well as whether he places the smooth side of the fence to face in towards his own house or out to face your house.
Only if your neighbour gives you permission to do so. Leaning things against your neighbour's fence, hanging things on your neighbour's fence, even using your neighbour's fence as a makeshift retaining wall, will place a much heavier burden on the fence panels and supporting posts than they were designed to bear. The consequences of such actions are easy enough to predict and you will be liable for the cost of any repairs.
On top of that you will still have to do, and pay for, the work that you did incorrectly and which resulted in the damage to your neighbour's fence. In short, anything you do to your neighbour's fence without your neighbour's permission - including staining, painting or applying preservative to your side of your neighbour's fence - amounts to criminal damage. Unless your neighbour agrees, you cannot: paint, stain or varnish your neighbour's fence to make it a more attractive colour; affix close boards or panels to your face of the fence in order to conceal the support rails; attach trellis or some other system to support plants that you wish to grow up your side of your neighbour's fence.
What you can do is: plant free standing shrubs or a hedge to conceal the fence from your view; erect your own fence alongside your neighbour's fence. My neighbour's fence makes my garden very dark beacuse his fence is high and his garden is on higher land than mine.
If your neighbour's fence is within the height limits set by your local authority, when measured from the ground on which it stands not from the level of the ground on your side of the fence then there is nothing that you can do about it.
If your neighbour was to reduce the height of his fence, from say 1. Return to Top of Page Fences and boundaries It is normal practice when using a fence to mark a boundary to place the outer face of the fence along the boundary, so that the posts stand on the land of the of the fence's owner.
If a fence post requires a footing, for example of concrete, to secure it into the ground then it is normal to allow the footing to lie partly beneath the adjoining land. In keeping with the Party Wall etc. Whilst garden fence responsibility can be a contentious issue, the rules and laws remains largely straightforward and cover almost all possible situations, meaning you can always sort out any problems in one way or another. Lifestyle Guides Which side of the fence am I responsible for?
Matthew Siggins 11 October Updated 26 May 6 minute read. Am I responsible for damage to my garden fence? Is the garden fence covered by my home insurance? Common garden fence problems and who is responsible for them Probably the most common garden fence problem is deciding who is responsible for repairs and maintenance. Winter weather can be unpredictable.
Our simple steps will ensure you're prepared for all eventualities so you can protect what ma Building sustainable homes in Ireland will help reduce our carbon footprint.
Here are ten steps you can take that will make your h Home Blog Property Which fence belongs to my property? Property Home Insurance.
Title Plans Title plans are one of the best ways to see which fence belongs to your property. Searching the Land Registry One of the best ways to find out where your boundaries lie is to do a Land Registry search.
Check your Boundaries Early No matter how finicky it may seem, being crystal clear about where your boundaries lie is important. When neighbours are unwilling to pay, this is another frequent source of contention.
At Robinsons we understand how stressful issues between neighbours can be. Our specialist property solicitors are experienced in working with householders to find resolutions in effective and affordable ways. However, should this approach prove unsuccessful, we will work with you to help you achieve a positive resolution.
Robinsons Solicitors. Putting You First.
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