Can my neighbours fence be attached to my house?
Posted by Candid_Affect_8491@reddit | AskUK | View on Reddit | 16 comments
I live in a detached house, and both neighbours have lived here longer than me. The fence on one side is destroyed, and the end concrete post is fully attached to my house. The neighbour seems to think it’s their fence.
I want to replace it, and I’m happy to pay in full, but my issues are:
1. As I mentioned, the neighbours think the fence is theirs (and they may have paid to put it up, I don’t know, but I believe they probably did).
2. The title deeds don’t specify who is responsible for each side.
My actual question is can it be the neighbours fence if it’s fully attached to my house? I can’t find a clear answer online (and there might not be one).
Ok-Hovercraft9348@reddit
People who do it right have to put the nice side of the fence to face the neighbour, so it sounds like this side of the house is your responsibility as you could only put the nice side of the fence towards them. However, if they've paid for a fence without it being their responsibility and they've put it on their side of the posts then I don't think you can take it down. You could add a fence on your side of the posts. I've added a fence near my house on the side I'm not responsible for for extra privacy. If you add a fence make sure nothing is growing between the two fences that could become bigger and push the fence over
genxerrr@reddit
If it's their fence then it shouldn't be attached to your house. Tell them to put a new post in.
throwaway4477229@reddit
The post of the fence that divides my garden from the lhs neighbours is fixed to my house - that fence is mine.
The fence on the rhs is fixed to the rhs house and belongs to them.
This agrees with the Ts on the deeds (my lhs neighbours thought that fence was theirs too btw)
Check your deeds OP
Hips_and_Haws@reddit
Our neighbours fence abuts our garage. Though the garages are slightly staggard so most of our garage is actually on their land. The fence they replaced shortly after we moved in, has a gap of about 10 inches, between our garage & the end of their fence. The other end has a shorter wooden fence panel almost flush to our party wall. If we were to extend the rear we'd have to remove part of their fence as it looks as if it sticks out onto our side of the fence.
ben_jamin_h@reddit
It will come down to the actual boundary line on the deeds - if it's on your land, which it sounds like it is if it's attached to your house, it's yours. If they paid for it, then they've paid for a fence that you own, because it's on your land.
As another Reddit or has said, r/legaladviceuk would be a good place to ask this. You'll probably need some photos and a plan showing your boundaries from the deeds or the title register.
Tawoooo@reddit
even if it's on OPs land, the previous owner likely gave permission to the neighbour, and that agreement automatically passes onto OP when they bought the house
audigex@reddit
It would presumably be on the neighbour to prove that, though?
Tawoooo@reddit
a record of the agreement will be on the land registry. if it's there, the neighbour doesnt have to prove anything, OP can just look for themselves
Ruskythegreat@reddit
If they paid for it, it's their fence.
Maybe the previous owner of your house agreed they could attach it to your house.
Tawoooo@reddit
the fact that they paid for it doesn't make a difference, the only way the fence is legally allowed to be there is if the previous owners of OPs house gave the neighbour permission to attach it
bow_down_whelp@reddit
If it's on your property it is yours unless they can prove otherwise.
Fences should always be 100% on their side if it belongs to them, posts and all
Tennonboy@reddit
It shouldn't be if erected while your living there but previous owners could have given permission Perhaps something you could have asked about when you purchased. Is it now causing issues with your property if so ask them to sort it out as they deem it their fence
Sparkly1982@reddit
I think you'll probably need to check the boundaries. You can buy the deeds at the land register for about £6, I think.
I'm no expert, but it seems to me that a detached house would have at least a small strip of land all the way around. Doesn't seem normal that a boundary would be right up against your wall to me, but like I said, I'm not expert
travelingwhilestupid@reddit
RedPlasticDog@reddit
Yes it could be
If no one can prove otherwise and neighbour thinks it’s theirs then talk to them about replacing it.
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