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Fencing damage

Hi, we moved into our house 2 years ago. It's a detached property but just a walkway distance between houses. The left fence is our responsibility according to deeds, however this fence is attached to the neighbour's house and follows their property line which is lower than ours. Also, the neighbour's have things up against a lot of the fence and their plants growing through it. This past week, one of the panels just "came out" and they want us to fix it. I would like a whole new fence but following our property line not theirs. Are we in our rights to just leave the existing fence and build a taller one on our property.  Also, can we have it 2 metre tall on our side even if it makes it taller to them on their side? Hope this makes sense! 

Posts

  • nick615nick615 Posts: 324

    I can't help thinking a BOUNDARY fence is just that and should follow a line where the two properties adjoin?  If you can ascertain exactly where that boundary is, as long as it's not where the fence is at the moment, I'd be of the opinion you can, and would be well advised to, honour your legal obligation by erecting a fence of your choosing in the appropriate place.  In so doing, a 6ft/2m height would surely be a reasonable height as demonstrated all over the country.

  • Lizzie27Lizzie27 Bath, SomersetPosts: 5,475
    Actually, there is no legal obligation to mark a boundary in any way. It is sensible of course to indicate where the boundary is but there is no legal need to erect a fence, a line of stones, sticks, or some poles and rope would do. Obviously a fence lasts longer which is what most home owners now use. Before, it was more usually chain link fencing and concrete posts. 
  • Lizzie27Lizzie27 Bath, SomersetPosts: 5,475
    Sorry, can't get edit function to work. I meant to add that you are also under no obligation to repair your fence either if you don't want to, although again it is desirable to be neighbourly.  As far as I am aware you can erect a 6ft fence on your side, even it appears higher on the neighbours side.
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