Can My Neighbour Take Down A Fence Without My Permission?

by | Last updated on January 24, 2024

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Can my Neighbour take down a fence without my permission? Your rights are to use your property up to but not over the boundary line. In general,

to the extent that a portion of your fence encroaches onto the neighbor’s property, the neighbor can remove it or can take you to court to show that it encroaches

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Can I remove neighbors fence on my property UK?

Can I remove a neighbour’s fence on my property? Under UK law,

you will need to legally prove that your neighbours’ fence is on your property before you can go about the process of removing the fence

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Who gets the good side of the fence?


The finished side should face toward your neighbor

. Not only is this more polite, but it’s the standard. Your property will look a lot nicer with the “good” side facing the outside world. Otherwise, your fence will look like it was installed backward.

Can I remove neighbors fence on my property Ontario?

If you intend to remove or alter an existing fence along a property line,

you must have either your neighbour’s agreement or a court order

. A fence built on the property line belongs to both property owners.

What is the 7 year boundary rule?

So this is different from the so called ‘Seven year rule’ which comes from Section 157(4) of the Planning and Development Act 2000. This means

local authorities can’t serve enforcement notices for an unauthorised development when seven years have passed since the commencement of the development

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Who owns the fence between houses?

When looking at the plans,

the ownership is indicated by a “T” marked on the plans on one side of a boundary

. If the “T” is written on your side of the boundary, you’re responsible for maintaining it. If there’s an H (although actually it’s two joined Ts) the boundary is the joint responsibility of both parties.

Can I put a fence next to another fence?


Yes

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Yes, you can build next to your neighbour’s fence

. As long as you’re inside your property line you’re fine. One consideration: your posts might have to be staggered relative to the fence posts of the existing fence.

Can I paint my side of my Neighbours fence?

When it comes to fence painting,

you can do whatever you want to your side of the fence

. So, if it is your fence on both the outside and the inside, then you are free to do whatever you like in regards to painting.

Is there a law on which way a fence should face?

Although

there is no law as such to enforce it

, in this situation, the usual convention is for the more attractive side of the fence to face outwards.

Can my Neighbour attach things to my fence?

The short answer to this question is, of course, “no”.

If you own the fence and you have not granted your neighbour permission to do so, they are not allowed to attach or nail things to your fence

.

Can my Neighbour come onto my property?

Generally speaking,

your neighbour should not go onto your land without your permission

. There are some situations where they may be able to access your land in order to complete repairs to their property, and their right to do this may be set out in the title deeds for the home.

Can a Neighbour claim my land?

any evidence produced by your neighbour to suggest that they have been in occupation of the disputed land for 12 years or more without objection and which may now entitle them to claim ownership under the law of adverse possession.

Can my Neighbour remove boundary posts?


If they’re on your land (assuming you own the land), he can’t remove them

. The position of the posts isn’t necessarily definitive of where the boundary actually is.

Is there a time limit on boundary disputes?

If all else fails, and you decide to take legal action about the boundary, please note that

there is normally a strict time limit of 12 years

within which action can be taken. This is a complex issue and specific advice should be sought from a solicitor.

How do you win a boundary dispute?

  1. Try to resolve the dispute amicably where possible. …
  2. Make sure you obtain Legal Expense Insurance. …
  3. Collect the evidence quickly. …
  4. Find a decent expert – not just your local surveyor. …
  5. That expert will need your title deeds. …
  6. Speak to family, friends, previous owners and neighbours.

Can a Neighbour block a right of way?

Rights of way are generally negative in character.

If there is a right of way over your land you must not block or otherwise obstruct it

but generally you are not obliged to take positive steps to keep the surface in good repair. The neighbour who has the right of way can repair the surface but does not have to.

Can my Neighbour build right to my boundary?

In general,

your neighbour only has the right to build up to the boundary line (line of junction) between the two properties

but there are circumstances when they can legitimately build on your land. You can give consent for them to build a new party wall and foundations on your land.

Can a Neighbour block your view?


There is no legal right to a view

, but it may be possible to bring a claim against the owner of the neighbouring block if you can establish that you have a type of easement known as a “right to light”, and that the proposed extension would reduce the amount of light coming into your flat below a certain threshold.

How tall can a fence be between Neighbours?

The laws actually state that a fence can be

as high as 100 meters

. However, this is only allowed if proper planning permits have been obtained. This means that any fence under 2 meters in height does not require a permit. This simple law has a few complications to it.

Can I put a fence up without my Neighbours permission UK?

If you’re someone who wants to put your fence in a place which is completely on your property, then you don’t have any issues, and you’re free to do whatever you please. However,

if you want to intrude on the boundary line between you and your neighbours property, that’s when you have to ask permission

.

How close to property line can a fence be?

Check Rules and Regulations

Typically, fences are installed anywhere from

2 to 8 inches

from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!

Can my Neighbour grow plants up my fence?

This means that if you erect a fence in your garden, your neighbour must ask for permission before painting or staining their side of it. Similarly,

they may not grow trailing plants up it

or any similar activity which may cause it damage.

Can my Neighbour remove my fence to build an extension?

The Neighbour should have issued you a notice informing of the construction work going on. They should also have had the courtesy to discuss removing the fence with you in person, despite whether they own the fence. They should have asked for permission to work on your land!

Who owns fence between Neighbours UK?


If you or your neighbour has assumed responsibility for the fence, they remain legally responsible for it

. If it has been jointly maintained by you and your neighbour (or not as the case may be) it may be regarded as a party fence and you will both be responsible for it.

Can I put nails on top of my fence?

Nails, Glass and Carpet Gripper


There is no law to stop you from cementing glass onto the tops of walls, or hammering nails or carpet gripper into the top of your fence

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Which side of a fence is yours?


There is no general rule about whether you own the fence on the left-hand or right-hand side of your property

. So forget any ‘rules’ you’ve heard previously that state otherwise – not everyone will own the left-hand side of their fence.

Can my Neighbours throw branches back?

Ironically, even though the branches belong to your neighbour,

you cannot simply throw them back over his fence

. That could be deemed to be fly tipping of garden waste. Advise your neighbour that you intend to burn them or take them to a recycling centre.

Do I have a right to privacy in my garden?

The good news is, you don’t necessarily have to put up with it –

you do have a right to your privacy

. If all else fails, your local authority should be able to help. The same goes for security cameras – they should only film within the confines of your garden or public space.

Does my Neighbour have right of way through my garden?

Can you remove a right of access?


The parties involved can expressly agree to extinguish the right by entering into a formal deed of release

. The person with the benefit of the right can demonstrate by their actions that they intend to abandon it.

How long do you have to occupy land before it becomes yours?

Our adverse possession checklist provides some practical points to consider. Minimum time requirements – Before any adverse possession application can be considered you must have been using (or in possession of the land) for

at least ten years

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What can I do if my Neighbour takes my land?

How do you deal with a Neighbour dispute over boundaries?

If you know where the boundary is and you don’t need to follow the process for party walls, the best approach is to

talk to your neighbour

. Talk to them face to face if you can – make a note of what you agreed. If you don’t feel comfortable speaking to them, write to them or ask someone to contact them for you.

What are the four types of boundary disputes?

  • Plot line & party wall disputes.
  • Fence, landscaping and outbuilding disputes.
  • Access disputes.
  • Adverse possession claims.

What can I do if my Neighbour has painted my fence?

Your neighbour can either approve your request, in which case you can go right ahead, or they can dispute your request, in which case you then have a neighbourly dispute on your hands and it is then that you need to consider the costs involved with arbitration or simply only paint your side of the fence.

How do you prove a boundary line?

How to determine a boundary line? Understandably, most people look first at land registry title plans (if, as in most cases, the land is registered). However, the land registry plan does not normally determine exactly where the boundary lies. Instead, you need to

look at the pre-registration deeds for both properties

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Leah Jackson
Author
Leah Jackson
Leah is a relationship coach with over 10 years of experience working with couples and individuals to improve their relationships. She holds a degree in psychology and has trained with leading relationship experts such as John Gottman and Esther Perel. Leah is passionate about helping people build strong, healthy relationships and providing practical advice to overcome common relationship challenges.