SHARED BOUNDARY FENCE HEIGHT INCREASE

SHARED BOUNDARY FENCE HEIGHT INCREASE

Postby angryjohn » Tue Apr 19, 2011 6:04 pm

The fence is a shared boundary as per deeds that limit it's height to 1.2 metres.

My neighbour intends to increase the fence height to 2 metres - without my agreement regardless - by fixing the additional 0.8 metre fencing to our existing posts. It is a timber paneled fence.

Does my neighbour require my permission to make attachments to the existing posts?

Can I just remove the additional fencing, in any case? Any penalty?
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Re: SHARED BOUNDARY FENCE HEIGHT INCREASE

Postby despair » Tue Apr 19, 2011 6:12 pm

Your neighbourr cannot do anything to a designated shared fence without your explicit agreement

if he wants a 2 metre fence he must install his own fence on his own posts on his side of the existing fence
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Re: SHARED BOUNDARY FENCE HEIGHT INCREASE

Postby angryjohn » Tue Apr 19, 2011 7:53 pm

Succinct explanation much appreciated - as hoped for!

Is there some written regulation or statute that I can throw at my neighbour?
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Re: SHARED BOUNDARY FENCE HEIGHT INCREASE

Postby arborlad » Tue Apr 19, 2011 8:49 pm

angryjohn wrote:The fence is a shared boundary as per deeds that limit it's height to 1.2 metres.

My neighbour intends to increase the fence height to 2 metres - without my agreement regardless - by fixing the additional 0.8 metre fencing to our existing posts. It is a timber paneled fence.

Does my neighbour require my permission to make attachments to the existing posts?

Can I just remove the additional fencing, in any case? Any penalty?


What height fence do you want?

The existing posts probably wont be substantial enough for a higher fence.

Time for a bit of compromise, otherwise the neighbour might carry out despairs stupid suggestion and you'll have two fences where there should only be one, and there will be confusion over where the boundary lies.
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Re: SHARED BOUNDARY FENCE HEIGHT INCREASE

Postby despair » Tue Apr 19, 2011 11:17 pm

If the neighbour refuses to compromise then my "stupid suggestion" will be the only way fwd
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Re: SHARED BOUNDARY FENCE HEIGHT INCREASE

Postby Mattylad » Wed Apr 20, 2011 8:09 am

The neighbour can erect a fence on the same boundary line, depending upon the construction of the fences.
Any comments I give here are my own opinions, for legal advise check with a qualified solicitor.
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Re: SHARED BOUNDARY FENCE HEIGHT INCREASE

Postby victor508 » Wed Apr 20, 2011 8:17 am

Aborlad wrote :Time for a bit of compromise, otherwise the neighbour might carry out despairs stupid suggestion and you'll have two fences where there should only be one, and there will be confusion over where the boundary lies


One person,s idea of a stupid suggestion is another,s only way.
I followed the stupid route and my life has changed for the better, just for a loss of a small amount of land i would never see in my lifetime as it the boundary
my neighbour is "in charge of" in other words very high fences that have turned into trees,or wire fences that never get fixed, i ran a 2m high fence right up his boundary losing a small amount of land and gaining a private garden and peace of mind. The correct way is not always the best but you have to live next to one of these fruitcakes to realize

Victor.
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Re: SHARED BOUNDARY FENCE HEIGHT INCREASE

Postby arborlad » Wed Apr 20, 2011 8:23 am

Mattylad wrote:The neighbour can erect a fence on the same boundary line, depending upon the construction of the fences.


No, he can't, that position is already occupied, by a fence.
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Re: SHARED BOUNDARY FENCE HEIGHT INCREASE

Postby angryjohn » Wed Apr 20, 2011 12:15 pm

Thanks to all respondents.

I subscribe to the first response; it is reassuring. Don't despair!

Fact, I will not agree to any further change to the existing fence and it's agreed additions.

A couple of years ago,I added an additional arched trellis on top , max .50 m attached to my side of our shared 1.2 m fence. The predicted stupid event has already taken place in that my neighbour has added an identical mirrored arched trellis attached to his side of the fence. So, we have two matching trellis fences attached to the same shared fence posts and two sets of creepers. Crazy, but OK!

Now, it seems to me that my neighbour's only option is to build a second fence to the maximum 2 m properly measured - sloping ground - the intended timber paneled fence with it's own fence posts within his garden boundary. I may not like it but I will have no grounds on which to claim - fine.

These parallel fences is just what neighbours do, totally without logic!
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Re: SHARED BOUNDARY FENCE HEIGHT INCREASE

Postby arborlad » Wed Apr 20, 2011 12:30 pm

angryjohn wrote:I subscribe to the first response; it is reassuring. Don't despair!

These parallel fences is just what neighbours do, totally without logic!



Hmmm!!
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Re: SHARED BOUNDARY FENCE HEIGHT INCREASE

Postby arborlad » Tue May 26, 2015 5:49 pm

viewtopic.php?f=6&t=19973 best continued here:
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Re: SHARED BOUNDARY FENCE HEIGHT INCREASE

Postby ukmicky » Tue May 26, 2015 10:32 pm

Do your deeds say your property benifits from the restrictive covenant. Without a restrictive covenant which your property benifits from a shared fence can be raised to 2meters.

What height is the fence on the other side of your boundary.

How old is your house ,can you guarantee the fence is still a shared fence. It may have been changed at sometime in the past and placed solely on one side of the boundary.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: SHARED BOUNDARY FENCE HEIGHT INCREASE

Postby jonahinoz » Thu May 28, 2015 7:03 am

Hi,

An old saying was "Good fences make good neighbours" Still true, I think.

A lot of problems would never have arisen on this forum if every property owner was responsible for fencing up to their side of the boundary (which is an invisible line). You want a fence? Then you erect it, on your own land. The result would be Cavity Fences. Silly idea, I agree, but how many complaints/questions do you see here about who is responsible the other side of a cavity house wall?

Hmm! Cavity hedges? Probably time to get my coat. :?

John W
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Re: SHARED BOUNDARY FENCE HEIGHT INCREASE

Postby arborlad » Tue Sep 22, 2015 4:52 pm

BUMP :?
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