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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11422
Experience:  30 years as a practising solicitor.
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We share a boundary fence with our neighbours jointly owned.

Resolved Question:

We share a boundary fence with our neighbours jointly owned. The height of the current fence is between 4.5 and 5 foot because of the design of the fence. Fence does not need replaced and is in very good condition however our neighbour wants to replace the fence with a 6 foot high fence which we will not agree to. They moved in just over 2 years ago. Relations have now broken down completely and beyond repair. Can he pull down this fence and replace it without our permission? Is our understanding correct that if he wants to build a 6foot high fence then he should do this on his own property using new posts? What should we do if we find him pulling the fence down or attaching a new fence to the current fence ?Other fences in our garden are all on our property as we respected our other neighbours wishes with regard to boundaries on the other side. This is now urgent as we do not wish any other unpleasantness but need to know our rights. We live in Scotland
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

Legally neither neighbour can change or add to a boundary fence without the consent of the other party. It can only be maintained or, if it is destroyed, replaced like for like. Your remedy is to apply to the court for interdict which is an order preventing them from touching the fence. If they do so they will be in breach of the court order and could be fined or imprisoned for contempt of court. Happy to discuss. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 1 year ago.
what should we do if tomorrow we wake up and he is replacing the fence?
Customer: replied 1 year ago.
or if he starts attaching a new fence to the original fence?
Expert:  JGM replied 1 year ago.

If he has already started it then you apply to the court for a different order, called an order for specific implement, to reinstate the fence as it was.

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