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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
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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: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 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 3 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 3 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 3 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 3 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.