IT’S crucial to know your rights if you’re embroiled in a fence row with a neighbour.
How do I do know which aspect I personal?
A boundary function generally is a fence, wall, hedge, ditch, piece of wire, or typically even simply the sting of a driveway.
The one technique to know for sure who owns what aspect and to keep away from any neighbour disputes, is to seek advice from the title plan or Land Registry.
On this, the T mark is used to point who the boundary belongs to and due to this fact who’s chargeable for its repairs, say execs at Jacksons Fencing.
Bigger developments are inclined to have some indication offered by the builder, however there aren’t any exhausting and quick guidelines
Folks usually suppose they’re chargeable for the left (or proper) hand boundary wherever they stay, however there isn’t any authorized foundation for this.
You possibly can examine with HM Land Registry to see which boundary function you might be chargeable for.
Typically households cannot pay money for the paperwork however consultants say they should not panic.
Householders can guess who owns the fence by checking the place the rails are.
Professionals say: “The fence is usually dealing with away from their property in order that their neighbour will get the ‘good’ aspect.
“That is probably the most safe approach of dealing with fencing so there aren’t any rails for anybody to make use of to climb into your backyard.
“That is then repeated with the neighbour on the opposite aspect to make sure that every dwelling has each a ‘good’ and ‘dangerous’ fence aspect.”
Partitions and fences are sometimes constructed on the land of the boundary’s proprietor with the sting of the wall marking the restrict.
Whereas professionals agree a glimpse on the fence may give you a touch, it isn’t foolproof – so you possibly can’t be sure.
Fines and punishment
It is suggested to at all times examine authorized paperwork earlier than making modifications to keep away from hefty fines.
There isn’t any legislation that the neighbour has to get the great aspect of the fence, so it is utterly as much as whoever owns the fence.
Fencing execs have instructed: “It could be price deciding on a double-sided panel with no ‘dangerous’ aspect as each side look the identical and rails are hid throughout the fence panel.”
If one boundary backs onto a street or footpath you possibly can set up the panels with the rails on the within
But when it is put in on the surface, it might probably present an “simple ladder for burglars to enter your backyard”.
The Royal Establishment of Chartered Surveyors (RICS) and the Property Litigation Affiliation have created a mediation service to assist neighbours resolve disputes over their property boundaries with out resorting to courtroom motion.
RICS additionally offers an inventory of surveyors who might help in boundary disputes.
If a dispute continues, it’s finally a courtroom that makes selections, however they don’t like such disputes being put earlier than them.
Altering a boundary
If you wish to change an current boundary, corresponding to changing an previous fence with a brand new one, we at all times advocate discussing along with your neighbour first and ensuring it’s all agreed.
The registered titles may also help you to achieve an settlement, however provided that this info has been added.
By way of decorations on a fence authorized advisers really useful asking round over who truly first put in it.
However additionally they urged warning earlier than attending to work on amending the fence with out getting extra certainty your self – since there’s a hazard of really being prosecuted for prison harm.
How excessive can a backyard fence be?
The peak of the fence is measured out of your floor degree, this will have an effect when, because of slopes within the floor, your backyard could also be at the next degree than your neighbours‘.
A backyard fence could be as excessive as 100m however you must get planning permission if it is over than 2m.
Nonetheless, there are some problems to this.
In case you are desirous about entrance backyard fences, restrictions state that fences alongside a driveway generally is a most of 1m or 3ft.
You would wish to get planning permission for placing a trellis on a fence of 2m.
However, if any plant that you simply develop on that trellis exceeds 2m, you don’t want to acquire a allow for the rising plant.