How to talk to your neighbours about replacing a fence – avoid falling foul of the law with these tips from legal experts on how to handle the situation
How to approach this potentially tricky situation calmly
When the time comes that a fence shared by a neighbour needs replacing, it can bring up a touch of anxiety – even if you have a good relationship with them.
These situations can sometimes be resolved with a five-minute conversation or tip into a tricky place of negotiations around fence rules and costs, and hopefully not legal implications.
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1. Check your property deeds
The first port of call before approaching your neighbour is to find your property deeds and have a good look to see if they include boundary information.
If you don't have a copy of your deeds to hand, then you have three options: the first is to ask the conveyancing solicitor who dealt with the house buy, look on HM Land Registry where you can search and download copies, or contact your mortgage lender who most likely holds the originals.
Kate Fowler, senior associate solicitor in the dispute resolution department at BRM told Platinum Spas what to look for once you have your deeds: 'Plans attached to title deeds sometimes include a “T” mark to show who owns a boundary structure or is responsible for repairing and maintaining it. If the “T” mark points inwards onto your land, it usually means that the responsibility is yours. This should be confirmed in the body of the relevant title deed.'
In the first instance, this information, if clear, will enable you to know who's responsible from the get-go. However, according to Kate, if the deeds are unclear as to who owns a boundary feature, there is no legal presumption that determines ownership, and this can mean it's treated as a shared boundary fence.
'Instead, it may be necessary to look at other evidence. For example, information provided on purchase of the property, knowledge as to who erected the boundary feature, or any long-standing agreement between neighbours. Where ownership or the responsibility for maintenance remains unclear, and the fence is on the boundary line, the parties may decide that the feature is a shared boundary. In this case, repairs or replacement should be agreed jointly, with costs shared.'
2. Have a friendly conversation
Whether your relationship is great with your neighbour, or you've never spoken to them before, the best option is to always approach in a friendly manner.
'It’s really as simple as knocking on their door to have a friendly chat with them, explain that you’re looking to replace the fence and ask if they have any objections,' says Martin Edwards, director at HCB Widdows Mason's. 'If they are not in, you can leave a polite note or send a letter outlining your plans and inviting them to get in touch.'
If you do have your deeds to hand and it turns out the responsibility is theirs then the best case scenario is that they will accept that and pay the costs. If it's unclear then a conversation about how to replace the fence can happen with the result being it should be a 50:50 split. You can talk about how the fence needs replacing from a safety point of view and not just about aesthetics - it could be storm damage for example or the fact that the fence being down is potentially allowing children and pets to cross over into the other garden.
3. Discuss costs
If both parties are happy to share costs then the next step is to get at least three quotes – this is usually the happy number and remember it's not always about the cheapest option being the best one!
Check out the contractors reviews, Instagram and Facebook pages if they have them and ask around – word of mouth is always a good method to adopt. Time is also a consideration as it may be the fence needs replacing for practical reasons as soon as possible so check availability to when you contact them.
At this point it's also wise to get written confirmation, Martin explains, 'Even after a friendly chat, it is advisable to get their permission in writing to avoid any misunderstandings further down the line.'
4. Consider access
Whether the fence that needs replacing is your responsibility, your neighbour's or joint, access will be required to complete the work.
Permission will be required for this to happen whether it's a friendly arrangement or not. Generally, although access will be needed both sides of the fence when replacing it, the contractor will only work on your side of the fence if it's your responsibility and will keep his materials there as well.
Be clear about timings too and agree them with your neighbour before the work starts. Kate agrees, 'This is essential so that you can address potential concerns at an early stage.'
5. Look into legal requirements
'If you do get permission from your neighbour, it’s important to make sure your new fence complies with current regulations. Garden fences cannot exceed two metres in height without planning permission,' explains Martin.
Another great tip from Kate is to take preventive measures to reduce the risk of a dispute. 'This might include obtaining legal advice on property boundaries, the enforceability of restrictive covenants and planning requirements before commencing any work.'
What to do when things go wrong
'If a dispute arises with a neighbour, it is often best to try to resolve matters early where possible. Open and respectful communication can prevent issues from escalating and may help preserve a good relationship,' advises Kate.
Citizens Advice recommend writing or asking someone to contact them for you if you don't want to speak to them face to face. It's imperative that copies of letters and emails are saved during this process. If this fails mediation is a good place to continue proceedings if things begin to difficult. You can find a mediator via your local council, or through GOV.UK which has a resolving neighbour disputes advice page.
The RICS (Royal Institution of Chartered Surveyors) have a boundary dispute helpline – 02476 868 555 and plenty of information on their website about how to resolve disputes.
Shopping essentials for a new fence
A good old classic style fence panel that's great value and does the job perfectly. The overlap style ensures no gaps making it a good option for total privacy. Other sizes are available.
If you or your neighbour are good with DIY and want to save contractor costs then this post hole digger is a good buy. It has a five star rating, is made from carbon steel and has an epoxy powder coating for rust resistance.
Give your side of the fence a lovely fresh lick of paint to match your scheme. Cuprinol have a great range that's ideal for fences, wooden furniture and sheds.
FAQs
Can I replace my fence without my neighbour's permission?
'You will need your neighbour’s permission to make any changes to a fence that belongs to them or is jointly owned. Removing or altering a fence without consent could be considered trespass or even criminal damage,' advises Martin.
However, if it's entirely on your property and below the legal height requirement you can.
What is the 12 year fence rule?
The 12 year rule comes into play if a neighbour has been using part of your land for over 12 years without your permission or knowledge. It allows an individual to acquire ownership in this case – it's called adverse possession.
To prevent this from happening always ensure you protect your property rights and know your boundaries. If you do see an encroachment like a fence has been put up slightly over your boundary then take immediate action to resolve it.
Whilst these issues can be unsettling to sort out, if you approach your neighbour using our guide above it will hopefully help to resolve any potential issues that could arise straightaway.
