Building fence on neighbour boundary

[cwhaley]

I had my driveway re-laid in March 2017 and in doing so, decided not to have a fence between the neighbour and us. I now regret this choice as the front often feels like a shared driveway and visitors often just walk across our front -- a recent one traipsing plaster dust footprints everywhere. They're fine people we get on with, but I like the idea of a small fence just to separate the two properties.

As you can see from the below Google Street View grab, my property is on the right. The deeds show a clear boundary marker right down the centre of the driveway meaning it's not a shared drive. The deeds also show that I am responsible for the right-hand side of my boundary and not the left as show below. Can I build a fence along this boundary legally and within requirements? I'm happy for it to be "their's" as I'm effectively maintaining their boundary, but I just can't find a clear answer online.

 

[cwhaley]

 

[foxhole]

Speak to your neighbour, mine agreed to pay for the fence I built to my requirements, everyone was happy.

 

[cwhaley]

I know him and he wouldn't pay for it -- he'd prefer it to be open as it is currently. I'll tell him our plan so that he is fully away, but he certainly wouldn't pay for it.

I'd like to know if building one on the boundary of his responsibility can be done. Ultimately I'm not responsible for that side and I'm not what what happens to structures built directly on the boundary.

 

[JP_]

As far as I understand it, you are free to build your own fence so long as it is on your land. They should manage the boundary where there is a fence/hedge etc. but if you don't like their boundary, you can put your own fence up. Same as if they had a chain link fence in the garden, and you wanted to put up your own panel fence. Means you effectively lose some land to having a fence that the neighbour should put up, but I don't see any reason why you shouldn't. People walking across your land is a PITA.

The only issue is if it is declared as a shared / party boundary on the front drive. Then you'd need their permission to put something up, I think ... hopefully no mention of that though.

If you don't want the expense and hassle of a fence you could always get something like these:

https://amzn.to/2QeJsm9

 

[cwhaley]

Thanks -- that's helpful! I'm fine with losing the space, it was just the fact that it would be built on the boundary line itself which created the confusion for me. I like the planters but as the driveway slopes they'd look a bit odd -- easier to level gravel boards. We have also measured the edging bricks and found there is ample room for posts to go there so no need to cut through tarmac.

Neighbour and the wife are decent and honest people, but they're clearly not bothered about boundaries. I'm not an entirely private person but I paid a lot for the drive and I want to look after it. I've had congregations of family on the front, muddy footprints and tyre marks cut across, etc. We even had one washing machine courier park across the entirety of our drive in front of the front door because he thought it was "just one driveway".

 

[banjodeano]

is that a garage at the of his property? he could perhaps be awkward if he wanted, he may say he needs access..

 

[cwhaley]

is that a garage at the of his property? he could perhaps be awkward if he wanted, he may say he needs access..

It is yes, but our gates are not wide enough to allow a car through and there is a fence running along the boundary directly behind them. I once asked him about access to that garage when we bought the house and it's only used as a workshop and a rarely-used motorbike. So if he did want garage access for anything bigger than a bike, he'd have to remove his own fence which is concreted in. The section of driveway down the middle of the houses is not shared either.

 

[JP_]

I'd say go for it then. Full height fence parallel to the house, then a lower one along the drive. More privacy, no traipsing and no pesky delivery drivers parking on your drive. And, if you put a gate in, even if open most of the time, you can say it is for improved security.

 

[cwhaley]

Okay it's on this Spring's job list. This is probably a better picture to show the situation in full (after the driveway was done). I'll probably go with the fence on the right. I bought those 3 panels, boards and posts from a local fencing supplier delivered for £170. I'll have the 'better' side facing them out of courtesy.

I'll leave the front open though. Makes it easier manoeuvering cars especially if ever we get a larger one.

 

[motorbiking]

It looks to me, like you removed his fence and damaged his path, laying your new drive way. You really should have re-instated his fence when you had your drive done. As now your only option is to put a fence on your land up to the boundary, which I'd suggest is a maximum of 1cm to the left of your block edging (based on the rest of the boundary fence)

If you put a fence on his land - he can remove it. If you further damage his land doing so, he can claim against you.

I think a fence like the one you already have on the other side is your best option, particularly if the drive fronts to a classified road - restricting the height of your fence.

 

[JohnD]

you could build a post-and-rail fence, or ranch fence. It is not obtrusive and gives an open, airy feel, but gives a psychological barrier and you can put it at a height that's awkward to step over. They don't get much wind load. You can use decking timbers for the rails, they look substantial, are durable, and fairly cheap. I put mine on concrete spurs socketed into the ground but not concreted in, with the rails attached with stainless coach bolts, so it is easy to remove at whim.

If you put the posts at the right spacing, you could fit panels later, if you wanted.

 

[cwhaley]

It looks to me, like you removed his fence and damaged his path, laying your new drive way. You really should have re-instated his fence when you had your drive done. As now your only option is to put a fence on your land up to the boundary, which I'd suggest is a maximum of 1cm to the left of your block edging (based on the rest of the boundary fence)

If you put a fence on his land - he can remove it. If you further damage his land doing so, he can claim against you.

I think a fence like the one you already have on the other side is your best option, particularly if the drive fronts to a classified road - restricting the height of your fence.

There was nothing there before -- it was just an open driveway and had been for years. As for path damage, the edges of his drive were crumbling away. We discussed it before starting the drive and he understood it might happen.

I know what you're saying about the boundary and placement of the fence. What I'll probably do is remove paving bricks and put posts in there. Downside is it'll take some of my space away but at least I won't be building on the boundary line and it would be built entirely on my own land. The road to the front isn't a classified road, no.

 

[cwhaley]

you could build a post-and-rail fence, or ranch fence. It is not obtrusive and gives an open, airy feel, but gives a psychological barrier and you can put it at a height that's awkward to step over. They don't get much wind load. You can use decking timbers for the rails, they look substantial, are durable, and fairly cheap. I put mine on concrete spurs socketed into the ground but not concreted in, with the rails attached with stainless coach bolts, so it is easy to remove at whim.

If you put the posts at the right spacing, you could fit panels later, if you wanted.

I'm not a fan of the ranch fencing but the post and rail idea is a very good idea thank you. That would be useful in the future too if either of us needed that extra space -- perhaps a little less standoff-ish too.

What I might do is have 6ft fencing between the two houses (to continue the current run which is behind the gates) and then drop down to a post and rail. At least that way the posts could be pulled out of the ground if needed for access.

 

[cwhaley]

I've decided to go ahead and do this as I'm also putting 13 fence panels down the garden this spring -- can get a better deal of concrete posts when ordering them in a larger quantity.

So... as per @jonbey 's suggestion I like the idea of a couple of 6ft panels and boards down the side of the house then dropping down to 3ft fencing to the end of the drive. I'll also be installing a gate at the point of transition so I have an enclosed/locked area down the side of the house.

I will run the fence down the line of edging bricks on the left of the above picture. They are wide enough to allow me to remove and drop a fence post so I don't need to cut through tarmac. but I'm not sure of the right approach to removing. They were laid on a bed of sand/cement and obviously flanked by the tarmac.

This is a (poor) rendering of my final plan: