My neighbours used my home & garden as their own before I moved in – they even removed a fence panel, I’m fuming
A WOMAN has been left fuming after discovering that her neighbours were using her home and garden as her own before she moved in.
She revealed that the neighbours even removed a fence panel, so that their kids could come into her garden whenever they pleased.
Taking to Reddit, the anonymous woman explained: “We moved into a mid-terrace at the beginning of the year.
“When we arrived the neighbour’s daughter was parked on the drive and we had to ask her to move it, no big deal.”
The woman then revealed that the estate agent had lied to them and had told them that the house hadn’t been empty for very long.
“It turns out that the house had been empty for a few years and our neighbours have been using our drive and garden as extensions of their own,” she said.
“They have taken out a panel of the fence (which they are responsible for) and their kids have been coming and going from our garden as they please.
“The mum often knocks on the back door.
“On top of that the fence is only 3ft high so we have no privacy in the kitchen if they are out in the garden.”
Asking for advice, the woman concluded: “How do we go about getting them to fix and put up a higher fence?
“They have not proven to be reasonable people so far.”
The post was flooded with helpful replies from Reddit users, many of whom shared helpful tips and advice with the woman.
One person said: “If the fence is theirs there is nothing you can do, you can’t force them to do anything.
“Put up a 6ft fence on your side.”
A second person said: “Just put up a fence on your side, you can have it up to 2m tall without any planning permission.”
A third person said: “I get it, a house hasn’t been lived in for two years, I’d’ve done the same as a kid.
What are your rights over a fence row?
IT'S very important to know your rights if you are embroiled in a fence row with a neighbour.
How do I know which side I own?
A boundary feature can be a fence, wall, hedge, ditch, piece of wire, or sometimes even just the edge of a driveway.
The only way to know for certain who owns what side and to avoid any neighbour disputes, is to refer to the title plan or Land Registry.
In this, the T mark is used to indicate who the boundary belongs to and therefore who is responsible for its upkeep, say pros at Jacksons Fencing.
Larger developments tend to have some indication provided by the builder, but there are no hard and fast rules
People often think they are responsible for the left (or right) hand boundary wherever they live, but there isn’t any legal basis for this.
You can check with HM Land Registry to see which boundary feature you are responsible for.
Often households can’t get hold of the paperwork but experts say they shouldn’t panic.
Homeowners can guess who owns the fence by checking where the rails are.
Pros say: “The fence is typically facing away from their property so that their neighbour gets the ‘good’ side.
“This is the most secure way of facing fencing so there are no rails for anyone to use to climb into your garden.
“This is then repeated with the neighbour on the other side to ensure that each home has both a ‘good’ and ‘bad’ fence side.”
Walls and fences are often built on the land of the boundary’s owner with the edge of the wall marking the limit.
While professionals agree a glimpse at the fence can give you a hint, it’s not foolproof – so you can’t be certain.
Fines and punishment
It is recommended to always check legal documents before making changes to avoid hefty fines.
There is no law that the neighbour has to get the good side of the fence, so it’s completely up to whoever owns the fence.
Fencing pros have suggested: “It may be worth selecting a double-sided panel with no ‘bad’ side as both sides look the same and rails are concealed within the fence panel.”
If one boundary backs onto a road or footpath you can install the panels with the rails on the inside
But if it’s installed on the outside, it can provide an “easy ladder for burglars to enter your garden”.
The Royal Institution of Chartered Surveyors (RICS) and the Property Litigation Association have created a mediation service to help neighbours resolve disputes over their property boundaries without resorting to court action.
RICS also provides a list of surveyors who could assist in boundary disputes.
If a dispute continues, it is ultimately a court that makes decisions, but they do not like such disputes being put before them.
Changing a boundary
If you want to change an existing boundary, such as replacing an old fence with a new one, we always recommend discussing with your neighbour first and making sure it is all agreed.
The registered titles can help you to reach an agreement, but only if this information has been added.
In terms of decorations on a fence legal advisers recommended asking around over who actually first installed it.
But they also urged caution before getting to work on amending the fence without getting more certainty yourself – since there is a danger of actually being prosecuted for criminal damage.
How high can a garden fence be?
The height of the fence is measured from your ground level, this can have an impact when, due to slopes in the ground, your garden may be at a higher level than your neighbours‘.
A garden fence can be as high as 100m but you need to get planning permission if it’s over than 2m.
However, there are some complications to this.
If you are thinking about front garden fences, restrictions state that fences alongside a driveway can be a maximum of 1m or 3ft.
You would need to get planning permission for putting a trellis on a fence of 2m.
But, if any plant that you grow on that trellis exceeds 2m, you do not need to obtain a permit for the growing plant.
“Sounds like they’re going to be nightmare neighbours. I hope the sound insulation is good.”
A fourth person joked: “Randomly scream in your back garden for a few weeks and throw some old furniture around.
“Basically act bats*** crazy.
“They should leave you alone after that.”