Can Neighbour attach trellis my fence?

Anything you wish to do to your side of a neighbour's fence, from adding plant supports such as trellis, to painting it, cannot be carried out without permission. Of course, in the majority of cases no one will object but to remain within the law, you should always seek permission.

withamtimber.co.uk - Fences – which side is yours? - Witham Timber

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Even the friendliest neighbours have had their relationship tested over boundaries, and garden fence responsibility can cause major disputes and even legal action. So which boundary fence is yours? And which fence is your responsibility?

Who owns which fence?

Contrary to popular belief, property owners are not responsible for a certain side of their boundary fence, for instance the left or the right fence, and much will depend on how the land was originally broken down into plots. The title deeds for your property should feature a ‘T’ marked on one side of the boundary. If this ‘T’ is on your side of the boundary, you are responsible for maintaining it. If there is what appears to be an ‘H’ (in fact two Ts joined together), this indicates a boundary which is the joint responsibility of both neighbours. However, in England and Wales, boundary ownership is not legally required to appear on the title deeds, although there are different rules in Northern Ireland and Scotland. Title deeds can be checked online at HM Land Registry.

The ‘good’ and ‘bad’ side of the fence

Where there is no indication on the deeds to your property, the fence itself may give some clues. As builders often erect a fence so that your neighbour benefits from the ‘good’ side, look for the fence posts. The side with the fence posts will usually face the property that is responsible for it. When replacing a fence, there are many panels now which appear the same from both sides, such as our Horizontal Lattice Trellis Fence Panel, allowing both neighbours to look at the ‘front’ of the fence.

What else can I do?

If it isn’t clear from the title deeds of the property, or from looking at the existing fence, who is responsible, you can chat to your neighbours and try to come to a boundary agreement with them. This is a formal document that can be recorded as a legal document, outlining boundaries and responsibility for them. This is often the best way forward to avoid any hostility but all documents drawn up should always be checked by a legal expert.

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Although commonly accepted that the ‘nice’ side of your neighbour’s fence will face onto your property, this is not upheld by law. When a neighbour pays for a fence on his own land, he is entitled to have the ‘nice’ side facing his property. Anything you wish to do to your side of a neighbour’s fence, from adding plant supports such as trellis, to painting it, cannot be carried out without permission. Of course, in the majority of cases no one will object but to remain within the law, you should always seek permission. Unfortunately, if your neighbour’s fence is an eyesore, you cannot paint or stain it to make it more attractive. Nor can you attach boards or panels to it to make it less ugly. You can, however, erect your own fence alongside your neighbour’s, providing it sits within the boundary of your property. If a neighbour’s fence is brought down in a storm and falls on your land, they are responsible for removing the damaged fence. However, they are NOT obliged to replace it as there is no legal obligation to have a fence between properties unless it is specified in the title deeds. When a neighbour does not repair a damaged fence there is little that can be done to make them carry out repairs, although, as above, you can erect your own fence. Thankfully, neighbour disputes are rare and can usually be avoided simply by starting a conversation. If you, or your neighbour are replacing or maintaining a boundary fence, our extensive fencing department has everything you need.

withamtimber.co.uk - Fences – which side is yours? - Witham Timber

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