I apologise for that. Sometimes, cut and paste doesn’t work properly. Here is your answer.
If the fence is solely on his land there is very little that you can do to stop him putting it in place. Under the Access to Neighbouring Land Act the neighbour has to allow you access to his land for any work required to maintain and preserve your property. That would include removal of the fence to facilitate maintenance and replacing it although, you would be responsible for that cost.
If as a result of the fence, leaves and debris and rubbish accumulates between the fence and your wall and causes damp, he is responsible for that. If the fence causes any other problems to your property whether because of the drainage or for any other reason, then he is also responsible for that.
A solicitors letter warning him of the possible consequences of his actions and holding him responsible for any damage which results from the friends being in place may make him think twice.
You could threaten to make an application to court for an injunction to stop him putting the fence up if you can prove to the satisfaction of the court that he is only doing this to prevent you maintaining your property and trying to make things more difficult to you and to deny your rights of access for maintaining your property under the Access to Neighbouring Land Act.
It would certainly be worth threatening although getting the court order based upon the circumstances would not be guaranteed.
Can I clarify anything for you?
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