Does a fence count as a structure?
A fence is a structure that encloses an area, typically outdoors, and is usually constructed from posts that are connected by boards, wire, rails or netting. A fence differs from a wall in not having a solid foundation along its whole length.
Who owns a garden fence?
The transfer or conveyance deed might state who owns it, but if it’s not in writing, then look out for any T-mark to the boundaries. The stalk of the ‘T’ will sit on the boundary and come out into your garden or property, which means that fence is your responsibility.
Which fence is your responsibility?
Also, there’s no set rule about whether you own the fence on the right or on the left-hand side of your house. You may be able to get this information from the conveyance deed, where there could be an already established boundary agreement regarding which fence side you are responsible for.
What is the difference between a boundary wall and a party wall?
Party wall: i.e. a wall within a building that joins two properties and forms the boundary between them; Boundary wall, within a garden, so placed as to separate two parcels of land in different ownership; Building faces: a boundary may run along the side (or front or rear) face of a building.
Can I replace a fence without Neighbours permission?
Your neighbour doesn’t have to change a wall or fence just because you want them to, for example making it higher for privacy. You can’t make changes to your side without their permission, such as painting it. If the wall or fence seems dangerous, point this out because your neighbour might not be aware.
What happens if you build without a party wall agreement?
Whilst more unusual, there can be legal involvement if there is no party wall agreement in place. This can be varying degrees of legal involvement (and costs) and can include Court injunctions, stopping the party wall works for an indefinite period.
Can my Neighbour attach things to my boundary wall?
Attaching plant pots, lights or anything else to your neighbour’s wall or fence will require permission! If the wall is on the right, then you must ask your neighbour. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic.
Can I refuse Neighbour access to build extension?
Once you give access to your land for your neighbour to build a new structure, you could lose the right to refuse any future access for the neighbour to repair, maintain and/or renovate it. To “future proof” your property, just say no to an access request for a new build or structure.
Can I make my Neighbour repair his fence?
Unless the existing fence is causing a safety hazard on your side, there’s very little you can do to force your neighbour to repair or replace it if they don’t want to. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied.
Do you legally have to have a party wall agreement?
A party wall agreement is needed if you plan on carrying out any building work near or on a party wall. You must tell your neighbours, provide them with a Party Wall Notice and come up with a Party Wall Agreement in writing. Any work to shared walls (party walls) between semi-detached and terraced houses.
Can my Neighbour attach things to my fence?
Can my neighbour attach or nail things to my fence? The short answer to this question is, of course, “no”. If you own the fence and you have not granted your neighbour permission to do so, they are not allowed to attach or nail things to your fence.
