Your rights if you disagree with your neighbour about wall or fence being built
Fence and wall disputes are some of the most common among neighbours, but no two cases are the same. As such, it's often confusing for homeowners when a problem arises, not least because such disagreements are often emotionally charged.
Thankfully, Citizens Advice sets out clear guidelines to help when you're not sure what to do. The following guidance is applicable to homeowners living in England. If you rent your home, your landlord will need to deal with the problem on your behalf.
First up, it's common for neighbours to disagree about where the boundary is. You'll need this information to work out if the wall or fence is being built on your property or your neighbour's property. It might also be that the property is shared between you both.
"The best way to find out is to check the legal documents you got when you bought your home. You can buy the documents from the Land Registry if you don't have them - it doesn't cost a lot. It might be a good idea to buy the documents for your neighbour's home too - they might give information that's not covered in yours," says Citizens Advice. You can also seek help from RICS if your neighbour disputes where the boundary is.
In the best case scenario, your search will confirm who the property belongs to, leaving the owner free to use the land as they see fit, subject to any relevant regulations (explained further below).
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Other times, neighbours argue over existing walls that may need removing, repairing or replacing. If you own the fence or wall, your legal documents may specify that you must keep it in "a good state of repair"," according to Citizens Advice. If your structure is unsafe, your council or neighbour could also take action against you.
However, it may transpire that the wall is on a boundary. In such cases, it is most likely the structure will be a "party wall", even if it's an internal wall. Accordingly, there are steps you'll need to take before you begin any work. More information on how you should proceed can be found on GOV.UK.
Unfortunately, conversations regarding new or existing walls and fences don't always go to plan. If you've confirmed where the boundary is and don't need to follow the process for party walls, but find you're still in disagreement with your neighbour, your best approach is to talk to them, Citizens Advice adds.
Although it's usually preferable to talk to your neighbour face to face, you might prefer to write to them. If so, it's advised to keep copies of any correspondence you send or receive, and if you do talk to them, you should make a note of any agreements.
"It's often best to find a compromise, for example sharing the cost of a new fence panel. It could help you to keep a good relationship and will probably be cheaper than paying a solicitor to resolve the disagreement," according to the experts.
Should you still need further advice, you may wish to contact your nearest Citizens Advice or get help from a mediator, either through your council or by looking for your own on GOV.UK. In the worst scenarios, you may choose to contact a solicitor who specialises in neighbour disputes. Citizens Advice warns this approach will be expensive; however, you may be able to find free or cheaper help.
It's also worth noting, your options are limited if your concerns with your neighbour's fence come down to a matter of taste. Jacksons Fencing explained: "Frustratingly, there is no way to make your neighbour repair their fence, even if it is rotting and making your garden look unsightly.
"You can look to hire a disputes expert but this will go down as an official dispute and will have to be declared when selling your house." As you're unable to make any changes to their fence without permission - for instance, you can't paint the side facing your house - your best bet is likely installing a fence within your boundary.
Or, if privacy is a concern, you may wish to install a privacy fence like this DIY fan, who transformed her backyard on a budget using IKEA buys. However, you'll need to be mindful of any relevant restrictions when installing your wall or fence, and you must ensure any additions to your garden are safe.
According to Lawsons: "In the UK, the norm is that fencing in your back garden should be a maximum height of 2 metres (about 6.5 feet) and the front garden of your property should be 1 metre (3.2 feet).
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"If you wish to erect a fence that is higher than 2 metres or a fence will be higher than 1 metre and next to a highway then you will need to apply for planning permission from your local council." The pros added that different local councils have different restrictions, so it's always best to check ahead of time before you start any work.
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