Neighbour is replacing fence; does she have to give me written notice and . . . . ?

[Jill49]

My neighbour is having the fence between our properties replaced. She is paying for the work herself as the fence is hers. I have checked the property deeds but i have a few queries if anyone can help please:-

1 does my neighbour have to give me any written notice of the intended work and if so how much time has she to give me?

2 is she obliged to replace the old fence "like for like" with regard to height and material or can she do as she pleases?

3 if she is having the concrete posts replaced and the wooden slats replaced with new concrete posts and concrete slabs instead of wood does she have to give me the good side as was the way with the old wooden fence?

4 if she insists the concrete slabs have to have the good side facing her garden can i insist the new concrete posts and base slabs are completely erected on her side of the boundary line so that i can erect my own wooden fence with new posts etc on my side later this summer?

Sorry if these points have been answered in another quesiton but as yet i havent found the reply i need and it looks like the work is going to begin tomorrow [ Wed 6/2/08]

thanks if you can help me, much appreciated!

[CheekyChops]

Assuming that it is her fence and is on her land:

1. No she doesn't have to give you any notice, written or otherwise.

2. She can do as she pleases, she can even remove the old one and not replace it at all if she wants to.

3. She can give you either side, you have no right to tyhe good side.

4. Yes you can insist that it is erected completely on her side of the boundary.

[teag1rl]

q2: she can't erect it more than 2metres high without requiring planning permission.

[hairypotter]

I don't think the neighbour needs to give you notic or seek permission provided the work is done without having to come onto your land. If access on your land is needed to to the work then your permission should be sought, however this cannot be unreasonably withheld.

[weas]

try and get on with your neighbour ,you may want to sell one day then life is not so easy!

[Jill49]

the latest is that she is putting concrete base slabs slotted into concrete posts onto of each other instead of wooden fencing the concrete slabs will be up to 5 feet in height. All the other properties have lovely wooden fencing and between our 2 bungalows will resemble something out of concrete city.

I asked her last evening to put her concrete fence and posts onto her side of the boundary so my concerns dont delay her work and that way i can still have a wooden fence of my choosing inside my side of the boundary line when we have the time to erect it; now she isnt happy with that . . . . . . . she cant understand why i dont like concrete slabs!

[creampie]

google the laws maybe?

[Ethel]

She can have what she likes without consulting with you. Furthermore, as it is her responsibility according to the deeds (Title Plan) she can erect it on the boundary line - your fence will have to be on your side.

I don't know how you will manage to keep the 'offside' of a wooden fence maintained though - it will rot.

[Jillius]

I wish our neighbours would put up a new fence ! It always seems to be us that does the work and pay for it, they never offer even though the one at the front is their responsibility. Their house and garden is a complete tip so they don't give a damn about the state of the fence. It got battered about in last weeks winds and their kids keep breaking bits off. Bloody nightmare !

[landscaper2]

Your neighbour has to put the fence inside their boundary with the furthest extent, ie outside of the posts, abutting the boundary. I have erected a few of these, mainly adjacent to public footpaths, and use larger profile posts (5"x5") for added strength. I wouldnt bother erecting a double fence tho, the concrete will tone down and you could plant a nice selection of shrubs much cheaper, that will clothe the fence in no time. PS - Please dont be too awkward with the contractor, he's only doing his job!

[cazzz1975]

Concrete posts are better than wood, I can see why she would go for them

[Kos]

I have found out to my own cost that its not always a case of who is responsible for the boundary on which side of the property.
In my case the previous occupier of my house chose to erect a fence around all 3 sides of the back garden, making me the owner , and responsible for all 3 fences upkeep!!
My only option would be to take down the fence completely and allow the neighboour to erect one of their own should they so wish.

[Doc Spock]

Wow, am I glad I do not live next to you.


Curtain twitcher or what.

[bushbaby_de]

It might be worth checking your deeds to see if there is a covenant covering what kind of boundary has to be maintained - this is the case for some properties.