How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
11292137
Type Your Law Question Here...
Stuart J is online now

Our neighbour is unapproachable and refused to put a fence

Resolved Question:

Our neighbour is unapproachable and refused to put a fence on his boundary 27yrs ago when our daughter was 1yr old - leaving our garden open to the road. We had to resort to putting trees on our side of the boundary that didn't do very well. Eventually we decided to put a 6ft fence on our side of the boundary about 3yrs ago as we had no privacy front or back. We had the fence put up to a bit of established hedge that was between the road and the new fence. The neighbour did not raise an objection to the fence when it was erected, but now the hedge has deteriated and we had it taken out on Wednesday ready to finish the fence to the road next week. We informed him this was happening. He has now come round shouting that he never wanted the fence, and certainly doesn't want the extra land that the fence has created on his side. He has said we are not to put any fence up to the road, but keep it open to his property. We thought we could put it up as it is on our land, and certainly don't want to leave @ 25ft of open space along the boundary.
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Do you have a specific question?
Customer: replied 4 years ago.

The neighbour does not want us to put the last @25ft of fence up that would complete the boundary, and wants it left open. Are we able to put the remaining fence up if it is on our land?

Expert:  Stuart J replied 4 years ago.




This neighbour
sounds a bit of an idiot.

If there is a
covenant on your property preventing you putting a fence up he can enforce the
covenant.



However as the
fence has been up for 27 years and the breach of covenant has therefore been
continuous for more than 20 years, under the rule in Hepworth v Pickles, the
covenant is no longer enforceable.



You can put a
fence up under 2 m high without planning permission and you can put it up right
along the border or if you wish, some feet from it. That choice is yours. If
the neighbour does not like looking at the fence, that is indeed unfortunate
and he had better look the other way!



On the fact that
you have given me, you are quite free to put the fence up adjacent to the
boundary or anywhere within your land you cannot actually straddle the boundary
with it without his consent.



Does that answer
the question.? Can I assist any further?



I am happy to
follow up any individual point you make



I am online and
off-line each day and most weekends.



Please don't
forget to positively rate my answer service (even if it was not what you want
to hear). If you don't rate it positively, then the site keep your deposit and
I get 0 for my time. It is imperative that you give my answer a positive
rating. It doesn't give me "a pat on the head", "good boy" (like ebay), it is
my livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask. Thank you.



Customer: replied 4 years ago.

The fence that we have erected has only been there for 3yrs, there was no fence before that, only trees and shrubs. He has objected to the extra land on his side that the fence has created, saying that we should maintain it, but he has cleared along the back fence himself and filled it with rubbish! so we can't get to it. On reflection we are prepared to spend extra money to reroute the fence next to the boundary at the front of the property so that no maintenence is needed. Is this allowed?


Our daughter has tried to speak to him since I contacted you, and he has told her to f****** off!!!!!

Expert:  Stuart J replied 4 years ago.

You can of course put the fence right adjacent to the boundary.

More?

Stuart J and other Law Specialists are ready to help you