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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70528
Experience:  Over 5 years in practice.
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what is the position regarding neighbours fixing things (trellis,

Customer Question

what is the position regarding neighbours fixing things (trellis, plants) to my fence?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

I have a wooden dividing fence (erected on my property & paid for by me). Is my neighnour allowed to attach trellis & plants to my fence without my permission. What is the position if he has already done so?

Expert:  Remus2004 replied 3 years ago.
If the fence is completely on your side of the boundary with a slight gap between the fence and the centre line he cannot attach anything to it.
If it straddles the boundary or is right up against the boundary he can attach shelves and plants and hanging baskets to his side.
There is actually no provision in the Party Wall Act for fences as this only applies to walls but it went to court, the court would adopt the same view.
He has however responsible for any damage he causes and if the fence gets pulled over to one side as a result of whatever he attaches you can take him to task over the damage.
I am sorry if this answer is unfavourable for you.
Can I clarify anything for you?
Jo
Remus2004 and 2 other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

How do I know (or find out) whether there is a slight gap between the fence and the centre line. The fence was erected by the builders when the property was buit for us in 1983.

Expert:  Remus2004 replied 3 years ago.
It is unlikely that there is gap then as it would normally straddle the boundary in that case.

If you are saying that it's your fence because the deeds say that it's your responsibility, that gives responsibility but not necessarily ownership.