Thread: Fence Dispute

My neighbour and I have lived next to each other for nearly 25 years. At this time we had a shared fence which we replaced when needed and shared the costs. Approx 4 years ago we had an extension built 4" from the fence line due to my neighbours objections. Since that time the fence panels have rotted. Last year my neighbour and I replaced several panels that were visible and the cost shared. However my neighbour will not agree to replace the rotted panels where the extension is. He has also removed a fence post and attached fixings for a door leading into his garden. I have asked him to replace the post but he refuses stating it was not doing its purpose. I have explained that I wanted to replace the panels as the original ones but my neighbours refuses me access. What can I do.

Not much in my IMHO as you have built not quite up to the boundary the little bit left is of no use to you, and you would have to cross his property to access it. Will you need access in the future to maintain any part of your extension; gutter, boards, paint the wall etc. if so best just to keep good neighbours so you can. Agree with neighbour fence of little use now, and you have probably lost that 4" of land. You would have been legally able to remove fence and build up to the fence line, subject to planning of course.

Whilst it may be easier and friendlier to stay on good terms with the neighbour, you can gain access to perform necessary maintenance via a Court Order. (Access to Neighbouring Lands Act, I think is the proper title)

You need to provide and preserve evidence that the 4" alongside your extension wall is part of your property and then write to your neighbour giving him licence - renewable annually - to use it. That way, even many years down the line he (or his successors) will not be able to claim the land as theirs.