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 Remus2004 Your Own Question

Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69357
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

Hi, just need a little advice, we have erected a fence next

Customer Question

Hi, just need a little advice, we have erected a fence next to the boundry line, but her is the thing, the house next door has already got a fence up, but all we have done is erect a new fence next to it, his fence is one of the slide in type, so when it comes to maintaining his fence he can slide the fence panel out.. so he can still maintain it.. but he is saying that we should have been 3ft from his fence, and because we are lets say 6" away from his fence he can not maintain it? is he correct... our fence has been erected on our land NOT on the boundry lice.
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

On what basis is he saying that he cannot maintain the fence please?
Customer: replied 2 years ago.

ok well he was stating that he needed 3 feet either side for him to have access so that he can paint his fence. history as I have known this neighbour for 32 years and have bought the family house he has never painted our side of the fence at any stage. My father painted it once.


 


he has slide in panel fencing which means he can lift the fence panels out to maintain them if he wishes to. We have erected a fence alongside his in individual feather board fencing onto cant rails so that we have our own boarder line fence. he is protesting that we have blocked him in so he cannot get access to the backside of his panels. if he needed to.


 

Expert:  Remus2004 replied 2 years ago.
Thanks

There is nothing in law with regard to boundaries which operates on a first-come first-served basis. There is also nothing with regard to putting another fence up within 3 feet of his fence. Just because his fence was their first does not mean that he gets exclusive right to a 3 foot exclusion zone.

If he feels differently, he is going to have to take you to court to get the fence removed however I cannot see on what basis he could bring a successful legal action.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

ok also his fence line is higher than ours we made sure that we were six foot maximum from our ground level his is six foot on his side but his land level is higher than ours. he has put in his fence panels but as his kickboards have been set in lower his panels do not reach the full height of his posts. this means he can see the top of our fence line by 3 inches. ( he did not aline his panels to the top of his posts)


 


I see this has his problem and not ours as we have gone as per the six foot allowance on our side. this is only I would say annoying him as he can see our fence line by 3 inches from his side diningroom window.


 


does he have a case for his to lower our panels?


 


personally I cannot see this being the case as we are set lower than his fence posts to start with.


 


 

Expert:  Remus2004 replied 2 years ago.
I cannot see that he has a case to make you lower your panels although it is obviously the fact that he can see the top of them which has annoyed him.

You are actually allowed to have your fence 2 m which is 6’-6.5”, from the lower part so there is actually nothing that he could do.

A fence over 2 m need planning permission

Even if you're fence was a few inches over 2m I think it hardly likely that the Planning Department at the local authority would go to the expense of enforcing the planning legislation.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions