Can My Neighbour Stop Me Erecting A Fence?
Whether or not your neighbour can stop you from erecting a fence on your property largely depends on various factors, including the location of the fence, local council regulations, and any existing agreements or covenants. In the UK, homeowners generally have the right to erect fences, walls, and gates around their properties, provided they comply with certain conditions and planning permissions.
Firstly, it is essential to determine if you need planning permission. In most cases, you do not require planning permission to erect a fence, provided it is no higher than two metres. However, if the fence is adjacent to a highway used by vehicles (or the footpath of such a highway), it should not exceed one metre in height without planning permission. Additionally, if your property is a listed building or located within a conservation area, different rules may apply, and you may need to seek permission from your local council.
Secondly, it is crucial to establish the exact boundary lines of your property. Disputes often arise when there is uncertainty about property boundaries. Check your property deeds and, if necessary, consult with a surveyor to confirm the boundary lines. Placing a fence on your land ensures that you avoid encroaching onto your neighbour's property, which could lead to disputes or legal action.
Communication with your neighbour is vital. Inform them of your plans to erect the fence, especially if it might affect them in any way. While you are not legally required to get their approval, maintaining a good relationship with your neighbour can prevent potential disagreements and foster a cooperative atmosphere. In some cases, neighbours may have shared responsibilities for boundary structures, so discussing your plans can clarify any shared responsibilities or costs.
If your neighbour objects to your plans, try to address their concerns amicably. They may have valid reasons, such as concerns about the impact on their property value or access to light. Mediation services can help resolve disputes if you cannot reach an agreement. Ultimately, if you have followed all legal requirements, your neighbour cannot unreasonably stop you from erecting a fence on your property. However, it is always best to approach such situations with understanding and a willingness to find a mutually agreeable solution.