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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25429
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Can I build a fence down the middle of a shared garden where

Resolved Question:

Can I build a fence down the middle of a shared garden where the boundary line is drawn on the deeds?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify what you are seeking to build please - e.g. a replacement fence or a wall or building?
Customer: replied 2 years ago.

I share a garden with my neighbours and we both own our properties under a lease. I would like to build a fence down the middle of the garden - there is none there at the moment, its just one big garden. On the deeds there is a line drawn down the middle, with our flat owning the left hand side and our neighbours the right-hand side. Can I erect a fence without anyone's consent?

Expert:  Joshua replied 2 years ago.
Thank you. Do you know if the two properties are owned by different freeholders (the landlord of the lease) or the same freeholder?Is the garden part of your demise under the lease - i.e. belongs to you under the lease or do you just have a right to use the garden under the lease?
Customer: replied 2 years ago.

The garden is part of our property under the lease. We share a freeholder (who has only recently bought the freehold).

Expert:  Joshua replied 2 years ago.
Thank you. In that case if the garden is demised to you under the lease you can build a fence along the boudary providing no other leaseholder also has rights to use the garden under their lease - if this was the case you would need to allow them access - a gate for example though this is not relevant if no one else has rights over the garden.Because the property is leasehold erecting a fence requires freeholder permission. Because it is only a fence you may decide to go ahead without that because the costs involved is not huge and the lease likely provides for (or it will be implied( that the freeholder cannot unlawfully withold consent. However ideally yu would have written consent from the freehold before you erect the fence to be safe and this may be required if you sell the property as your buyers solicitor may want to see it. If you own the freehold jointly with another then you would just need the joint freeholders consent in the form of a letter or something simlar to satisfy this requirement.If you are building a wall you may need to serve a party wall notice but this is not required if it is a fence.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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