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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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My neighbour has put up a new fence and is now saying that

Resolved Question:

My neighbour has put up a new fence and is now saying that i cannot attach anything to it on my side e.g. a hanging basket as it is his property, he's also pushing away (from his side) anything that i may lean against it. What rights do i have on my own land regarding this?
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

HI thanks for your question. My name isXXXXX can assist with this.

tdlawyer :

You can do whatever you like on your side of the fence, so long as you do not interfere with anything his side.

Customer:

So does this mean that i am within the law to attach things on my side even though i did not pay anything towards the new fence?

tdlawyer :

Oh I see, he owns the fence too?

tdlawyer :

In that case, technically, you should obtain his consent as you would be attaching things to his property.

tdlawyer :

Most people never raise this as an issue in real life, but sometimes, you get neighbours that do things like this for no apparent reason.

Customer:

He replaced the fence himself and forbid my to put anything on it

tdlawyer :

If you did put something on the fence, he would have to spend a lot of money on court proceeds etc. to stop you. Do you think he will bother?

Customer:

I have also been replacing other areas my fencing and lent the old ones on "his" fence temporary till i can get them to the tip and he has leaned over the fence and moved them so that they do not touch "his" fence so he is now getting rather pathetic but i do not wish to have a fall out over this

tdlawyer :

Yes, it does sound a very unfortunate disagreement. I'm sorry you have to put up with this. It's a decision now for you - are you prepared to do it and see what happens?

Customer:

Not sure as he is very quick tempered and is used to having people do as he says so i suppose i shall have to just put up with it. Thanks anyway

tdlawyer :

It's sometimes worth standing your ground though and seeing what happens.

tdlawyer :

Can I ask whether you're happy with the speed and standard of service this morning please?

Customer:

Unfortunately the type of person he is i will never win and i have no one else to do the talking for me. Yes i'm satisfied with everything thank you even though it wasn't the answer i wanted lol

Customer:

Forgot to mention that he has also put the rough side on my side, shouldn't this have been to his side?

tdlawyer :

Sometimes it's not the answer you want, but at least you're better off for knowing it.

tdlawyer :

There is no rule or law about which side it should go I'm afraid.

tdlawyer :

So long as he doesn't trespass on your land, he can put up whatever fence he likes, subject to planning permission etc.

Customer:

Thank you for your help.

tdlawyer :

You're very welcome.

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