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Am I legally obliged to erect a fence between 2 houses?

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yorkshirelass | 07:26 Tue 07th Sep 2010 | Property
6 Answers
I am the owner of a 6' high wooden panel fence in my back garden which gradually decreases in hight towards the front garden and ends up about 3'high. I live in a detached bungalow and have dogs and want to keep the fence that separates the back garden from my neighbours house. The rest of the fence runs along the side of my house where there is a narrow 2'wide concrete path. On my neighbours side , there is a concrete driveway which runs all the way from the pavement at the front to a garage at the back of his garden. My neighbour has taken to hanging flower baskets and garden ornaments on his side of the fence which doesn't bother me in the slightest, but now the fence has weakened and one panel has come down in the strong winds. He has informed me that I need to erect a new fence all the way down . As long as my back garden is fenced off do I need to erect a fence the rest of the way down to the pavement end ?
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Unless otherwise stated in your deeds you do not have to fence your land. You do however have to make sure your animals are adequately housed and cannot escape to get hurt or do damage.

In some instances the height of a fence at the front of the property cannot be higher than 1mt high or may have a condition of planning making the area open plan so no fences can be...
15:01 Tue 07th Sep 2010
unless it is in the deeds to the property a post and wire marking line to mark the property boundary is probably all you need...just to ensure no one can encroach and claim the land at a later date
I can't see how he thinks you should be put to the expense of putting up a new fence. You might ask him to share the cost of replacing, or repairing, the fallen panel?
You don't have to fence your land at all if you don't want to (in UK) If your neighbour wants a fence then he can put one up on his land
You may need to control your dogs though, which might be difficult without a fence.
Unless otherwise stated in your deeds you do not have to fence your land. You do however have to make sure your animals are adequately housed and cannot escape to get hurt or do damage.

In some instances the height of a fence at the front of the property cannot be higher than 1mt high or may have a condition of planning making the area open plan so no fences can be built. Check with planning what the requirements are for your area.

If the fence is yours, on your land your neighbour cannot attach anything to it, paint it or stain it or grow anything up it unless you give him permission. He cannot make you replace it or repair it and as long as it doesn't fall into his land and damage his property you can leave it to rot if you like.

If he has weekened it by attaching things to it you could ask for a contribution to remedial works but he doesn't have to. You could also tell him not to use your fence as a prop for his stuff. That may make him realise he is damaging it.

He can if he wishes put up his own fence tight up to yours, but again cannot attach it to your fence. This, however, is fraught with difficulty later when someone sells and decides to take one of the fences down.
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Many thanks to you all for your good advice. I shall ensure that the back garden is fully fenced in and secure and shall let the rest of it do whatever it wants ! If & when it collapses i shall put in a wire marking line to mark the boundary. Thanks once again.

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