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Can I force my Neighbour to replace his fence?

It is important to know that your neighbours are not legally obliged to fix or replace a fence, unless it is causing a safety issue. If you find yourself in the unfortunate position where your neighbours are refusing to take any action on their damaged fence, a final option may be to erect a new fence on your own land.

lawsons.co.uk - Do you need your neighbour's permission to replace a fence? |

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Do you need your neighbour’s permission to replace a fence?

One of the first questions you may have when you’re thinking of replacing a fence is whether or not to speak to your neighbours first? It is always courteous to let your neighbours know of any work you plan to carry out in your garden, especially if that work involves a sudden gap in the fence! You will also be able to discuss who is responsible for the fence in question and decide what type of fence would suit you both.

Is it your fence?

Before starting any work you will need to establish who is responsible for the fence that needs replacing. There is an old belief that every house is responsible for the boundary to its left, but this isn’t always the case and you should always check your property deeds for confirmation. Property deeds will usually be able to confirm the boundaries for which the owner of a property is responsible, often labelled with a T-mark. If you do not have a copy of these deeds you can request a copy from Land Registry.

What if the fence is your neighbour’s responsibility?

If you find that the problem fence is your neighbour’s responsibility, the best thing to do is speak to your neighbour and ask their plans on replacing the fence. They may not be aware of the damage, particularly if it is worse on your side. It is important to know that your neighbours are not legally obliged to fix or replace a fence, unless it is causing a safety issue. If you find yourself in the unfortunate position where your neighbours are refusing to take any action on their damaged fence, a final option may be to erect a new fence on your own land. You can do this alongside your neighbours existing fence, as long as it is on your private property and inside your boundary.

Which fence should you choose?

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How close to property line Can a shed be?

Structures closer than 5 feet to a property line will have fire rating requirements on the walls and overhangs/eaves. Accessory structures shall be minimum 5 feet from the rear property line and minimum 2 feet from a side property line.

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“Accessory” structures larger than 200 square feet require a building permit before you start construction. Some of their requirements include that “a detached garage 3 feet or closer to the primary structure needs drywall finish on the inside. Structures closer than 5 feet to a property line will have fire rating requirements on the walls and overhangs/eaves. Accessory structures shall be minimum 5 feet from the rear property line and minimum 2 feet from a side property line. They are not allowed in the front yard. Parking access shall be provided from alley where present. Accessory structures shall not combine to be larger than the foot print area of the main house. Accessory structures shall be not taller than 24 feet or the main house, whichever is lower. An Accessory Apartment over the garage or elsewhere on site requires a Conditional Use Permit. And oh boy, after getting one of those I can tell you that’s a costly and time consuming can of worms right there requiring reams of paperwork, neighborhood notices and meetings, a sign in your yard, and a public zoning hearing.

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