Anonymous
Anonymous asked in Home & GardenOther - Home & Garden · 4 weeks ago

Neighbours claim we can’t erect new fence ?

We have lived in our owned (mortgaged) registered property for over 4 years. 

Our existing wall is within our boundary (as per title map plan) by around 6 meters. 

We wish to now include this 6 meters approx inside our boundaries so we can utilise to space and market the property for sale. 

Our neighbours initially agreed to this, but have recently instructed a solicitor and told us not to contact them. 

They have also said we cannot erect a new fence within our boundary. 

My question is, can we legally erect the new fence well within our boundaries as generally indicated by our title plan? 

It doesn’t seem fair that they can tell us what/ what not to do on our own land. 

Update:

I’m in Wales, UK

Local authority says no planning permission required. 

It would be a short ‘ranch style fence’ 

9 Answers

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  • Anonymous
    2 weeks ago

    It is on your land.  If you are not on the property line (you need to pay a city surveyor to check to see where your property pins are. Then legally you can erect a fence with the post holes on your side and the neighbors get the good side of a wooden fence. Your fence cannot go higher than what the city allows (for me it is 2M "in my country"  Your rules may be different...on height restrictions.  The city dictates the rules and NO SOLICITOR has a say in the matter. The city may also have a handout on the rules of fence building on the property line...should you be that close.

    . But you say the fence is well within your boundaries.  Then say it is not a fence...it is a "pig sty. wall."  Or something anal like that because it is NONE OF THE NEIGHBORS BUSINESS.

    . I am guessing you are ruining their VIEW.  Too bad for them.  They are SHORT PEOPLE. They need to build higher then. Or live with it.  The fence is part of the view...like a mountain that gets in the way.

    . Really, if you want, you can build a CASTLE with 30 foot high walls if you want. Then fire the catapult at their structure.  You have watched the movies."GOT?"

    . A short "ranch style fence" is more friendly type fencing where neighbors talk to each other....compared to the close board picket type fencing which is like a wooden wall.

  • Willie
    Lv 7
    2 weeks ago

    Tell your neighbors to drop dead and erect the fence on your side.

  • 3 weeks ago

    if you have not got a copy of your land register ..ring the ..the land registry ..they can supply a drawing of your land boundaries 

  • 3 weeks ago

    You should have a copy of any covenants attached to the property from when you purchased it. Go READ THEM!

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  • Barry
    Lv 6
    4 weeks ago

    If your title plan is accurate you are bomb proof. Their solicitor is bluffing. Go ahead and erect the fence on your own land as you are fully entitled to. Your neighbour is a tad greedy it seems.

  • Edwena
    Lv 7
    4 weeks ago

    There is a law/covenant somewhere about this.  Commonly called a deed restriction.  Like when you bought the property, you agreed to what previous property owners agreed to (you bought their rights) and someone before you agreed (in writing) to not build a fence.  Contact the solicitor and find out what is the basis of their position.  Buy a pad of paper and a pencil and write everything down that is said.  You might have a list of questions prepared to ask the guy, since your neighbor is paying for his time.  You might meet him in person and offer to buy him a cup of coffee and make a half of a day of it.  Ask for copies of his sources (the covenants, deed restrictions, survey maps, etc.) or at least where you can find this information.  Be sure you write down information on what his sources are so that you can find it.  Then get your copy and be sure it applies to you and figure out what you agreed to that you don't know about.  It could be pure BS by your neighbor, especially if there are other places like yours with fences and such.  There might be someone who is in charge of your area and you can ask them what the law is.  Anyway, don't accept anything based upon what someone says.  It is only what the law says and what you agreed to that you are obligated to accept.  You also might talk to a realtor in your area.  He should know of such legal issues as building fences, etc.  Anyway, then get your solicitor and have him take a look at what documents you have, and whether or not you have a legal position.  If you do, have your solicitor notify their solicitor of your decision to build the fence.  And, let them sue you to stop it.  If your neighbors have fences, it is likely you neighbor is lying to you.  There is no solicitor or deed restriction on your property.  They don't have anything and are hoping you would be too intimidated to talk to their solicitor who actually doesn't exist.  So you will do nothing.  After all of this is settled, before you build the fence, be sure your property is surveyed by the official surveyor so there is no question of exactly where the property line is.  Because he will get the surveyor and hope you built the fence on his property so he can tear it down.  Your friendly neighbor might make amends and offer to position the fence such that the posts are on his property and the slats are on yours.  Then after you build the fence, tell you to move the posts, or he will cut them off, since they are on his property.  Nothing in writing since it was friendly neighbors.  The point is stay legal and don't believe what anyone says.

  • 4 weeks ago

    6 metres is quite a large slice (20 feet).  So what happens to this slice up to now?  Is your neighbour using it as part of their property (this would seem to be the reason for telling you not to contact them)?  If the boundary is shown on your title deeds as being 20 feet beyond the wall, then you have every right to put a fence along it.  But it sounds as if your neighbours are digging in for a fight, so you would be well advised to instruct a solicitor yourself to make sure that you have a watertight case  before proceeding.

  • 4 weeks ago

    Since we don't know where you are, we can't check the legalities of anything there. I suggest contacting local government or a solicitor of your own.

  • 4 weeks ago

    you should first go to the local zoning commission or building inspector to see if you can erect a fence and where you can erect it.

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