Fence between house next door inside my property line

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mb82

223 posts

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#318311 6-Jan-2025 09:39

I have a short fence between me and the rental next door and I want a tall fence. The fence is on my side of the property line. Would rather not get involved with gang tenants.

Should I:

a) Do what I want because it is my fence not theirs

b) Find and talk to landlord believe they are out of town and don't really care about the place

c) Serve fencing notice. The fence currently in place is old but not falling down yet.

johno1234

2803 posts

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#3328123 6-Jan-2025 09:58

No reason to get involved with the tenants as far as I am aware, but naturally you should avoid pissing them off at all costs.

Looks like you are already au fait with the fencing act... but in summary the fence should be on the boundary and the owner of the neighbouring property has to contribute as a minimum half the cost of an "adequate" fence. You need to get a price, get in contact and get their agreement to get it done and they have to pay half. If you want to build a fancy fence they only have to contribute half the price of an "adequate" fence.

eracode

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#3328157 6-Jan-2025 11:27

@mb82 Does “do what I want because it’s my fence” mean you are willing to pay for it yourself or do you want the neighbour owner to contribute?

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sen8or

1789 posts

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#3328158 6-Jan-2025 11:33

If there is already an adequate fence and you are wanting to change it for other reasons, I wouldn't think you'd be able to claim 1/2 the cost from the other property owners, I know I'd not pay if there was something already in place and you just wanted something better, but if its on your land / side of the boundary and you are happy to foot the bill, can't see why not.

johno1234

2803 posts

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#3328336 6-Jan-2025 16:23

sen8or:

If there is already an adequate fence and you are wanting to change it for other reasons, I wouldn't think you'd be able to claim 1/2 the cost from the other property owners, I know I'd not pay if there was something already in place and you just wanted something better, but if its on your land / side of the boundary and you are happy to foot the bill, can't see why not.

If the fence is on your property instead of on the boundary then it is not an adequate fence in terms of the Fencing Act is it?

mattwnz

20155 posts

Uber Geek

#3328352 6-Jan-2025 17:53

IANAL. Do you want the owner to pay half? It sounds like you need a boundary fence installing to replace the one on your side of the boundary which isn't adequate for your needs, eg privacy. I am guessing finding out who the owner is and getting them to pay half would be the issue. But communicating with the owner is a good idea IMO

neb

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#3328371 6-Jan-2025 19:06

mb82: Would rather not get involved with gang tenants.

Unless you've had run-ins with them in the past it may not be that bad, they're usually careful not to upset their neighbours too much. I've had three sets of friends live next to gangs and they never had any problems. In fact in all three cases they helped out at different times, e.g. piling out to push-start a car where the battery had died.

BlargHonk

147 posts

Master Geek

#3328404 6-Jan-2025 20:57

mb82:
I have a short fence between me and the rental next door and I want a tall fence. The fence is on my side of the property line. Would rather not get involved with gang tenants.

Should I:

a) Do what I want because it is my fence not theirs

b) Find and talk to landlord believe they are out of town and don't really care about the place

c) Serve fencing notice. The fence currently in place is old but not falling down yet.

If you don't want to get involved with gang tenants, then ripping down their fence without talking to them first might not be the best option?

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Bung

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#3328478 6-Jan-2025 21:49

neb:

mb82: Would rather not get involved with gang tenants.

Unless you've had run-ins with them in the past it may not be that bad, they're usually careful not to upset their neighbours too much. I've had three sets of friends live next to gangs and they never had any problems. In fact in all three cases they helped out at different times, e.g. piling out to push-start a car where the battery had died.

The gang next-door to my wife's old flat push started her Mini and it was never seen again. She got full market value and years later the insurance company let her know that the number plates were found after the gang moved out.

Be careful with boundaries unless you can see the survey pegs. Over the years fences get put up beside hedges then the hedge goes and gets forgotten.

mb82

223 posts

Master Geek

#3328487 6-Jan-2025 22:02

eracode:

@mb82 Does “do what I want because it’s my fence” mean you are willing to pay for it yourself or do you want the neighbour owner to contribute?

I see splitting the cost as mutually beneficial (taller fence=more privacy on both sides=attracting better tenants) but if that doesn't work I will do it myself.

Not too bothered in moving the fence to the boundary line as then it wouldn't line up with the rest.

Goosey

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#3328632 7-Jan-2025 13:26

Well, just go chat to the neighbour and say “hi, I’m gonna replace the fence, you don’t need to do anything and I’m doing it on xx date (just to let them know).

Sounds like you already know how to contact the landlord or are you assuming they won’t care? (Best to contact them and explain your plans and ask if they are keen on going half’s etc).

no point tackling any conversation with prejudice as that’s all you might get in return.