Boundary FAQs At Calvert Consulting , I have put together a Frequently Asked Questions list based on our client's experiences of boundary disputes. However, if your questions have not been answered, please do not hesitate to contact me .
What if my neighbour won't repair his fence? There is no law in place that will force anyone to fence their land boundaries. Ultimately the choice is entirely your neighbours as to whether they chose to fence their land or maintain their existing fence. Although looking at a damaged and rotting fence is not all that enjoyable, it is their prerogative to let it rot away if they so choose.
So what are your options? You could do nothing, or you could erect your own fence alongside your neighbour's fence so that the true boundary is no thicker than a hair. This creates two fences running next to each other, giving you full control of the maintenance and appearance of your fence.
How high am I permitted to build my fence? Generally, fences are not allowed to be over 2 metres high. However, this rule will change from area to area as the issue of the height of fences is a matter of planning policy. I recommend speaking to your local council.
Is it true that every house is responsible for the fence to the left side of the property? Who is responsible for this fence? There is no law with regards to this. it is generally considered to be a bit of an urban legend. If the merchant breaks up the land into smaller areas before selling them on, responsibility lies on them to assign each of the fences to an owner. They should alter the conveyance deed (or transfer deed) accordingly to alert people to any changes in ownership. This deed may express in words who is responsible for which fence. However, if it does not it will have certain markings on the design drawings. A "T mark" could be drawn on the boundaries for which you are responsible, or if the ownership is shared, then a "H mark" will be drawn on the boundary.
Furthermore, if the deeds remain silent on the subject then you will have to work from the information provided in the Seller's Property Information Form. This should have been given to you by the seller when you originally purchased the property. If all else fails, it is sometimes possible to work out the true ownership of your garden fence by establishing the pattern in ownership of the fences on the same side of your street.
Does the smooth side of my neighbour's fence need to face towards me? There is no law in place to determine which way your fence should face. If your neighbour has paid for and built a new fence, then it remains up to them to determine the colour, style and size of the fence. If it is not to your personal choice, you could erect another fence alongside your neighbours.
Can I hang things on my neighbour's fence or use it as a support for my own plants? Can I paint my side of my neighbour's fence? The short answer is as long as you have your neighbour's permission then yes, it is fine to alter and/or add to the fence. Anything that you add to your neighbour's fence will add unnecessary strain to your neighbour's wall, applying pressure to the supporting posts that they were not intended to bear. This could include using it as a makeshift retaining wall or adding decorations to enhance your garden.
If you do anything to your neighbour's fencing without their permission, it can amount to criminal damage. Moreover, you will be liable to complete and pay for any and all repairs that may be necessary to return the fence to its original condition. This includes staining, painting, applying unnecessary pressure or applying a preservative to the surface of your side of their fence. So always seek permission from your neighbour before making any changes or alterations.
But my neighbours fence is very unattractive to look at - what can I do? Without your neighbour's consent, you cannot make any changes to their fence. This includes:
Paint, varnish or staining the wood to change the colour to one of your preference Attaching panels or close board to the face of your fence to support the original panelling Fastening a support system such as a trellis to assist with the growth and support of your plants However, if the fence really does bother you and your neighbour will not consent to any changes, then you could either build your own fence alongside your neighbour's. Alternatively, you could plant a free-standing shrub or bush to hide the unsightly fence from your view.
Can I force my neighbour to reduce the height of their fence? A lot of people ask this question as they feel that their neighbour's fencing is blocking the sunlight to their garden. If your neighbour's fence is within the height limits set out by your local authority, there is not much you can do about it. No law has been broken and they are well within their rights to have a fence of such a height. Height measures from the ground it was built from, not from the ground on your side of the fence.
It is worth noting, however, that if your neighbour were to reduce their fence from 1.8 meters to 0.9 meters, you may find that there is a security issue as your neighbours would be able to see over easily into your garden.
How can I find out the age of my wooden fence? If you were the homeowner who originally commissioned the fence, then the best way of truly knowing the age of the fence will be shown in the form of the invoice from the contractors. This should have been dated. However, if you do not have this then there are other methods that could potentially help you. If you have family photos showing the fence, and the form is visibly different in one to the other when the fence was erected, then you only have to work out the dates between the two photographs.
Of course it is easy to assume that a dendrochronologist could help you with this. However, all they could do is identify the rings of the trees and determine when these trees were cut down to make the wooden panelling for your fence, not when your fence was built. Unfortunately, there is no quick and simple route to find this information without the receipt from your original contractor.
Contact Me If you have any further questions about boundary disputes, then please get in touch. Call 02380 864643 contact form .
