A homeowner has been left furious after their neighbour built a boundary fence that encroaches on their property, and they wanted to know their legal rights.
The man had given permission for the neighbour to build a fence, but not to encroach on his land. Not only did the fence go over the boundary, but it also looked like an "oversized windbreak" rather than a sturdy fence, and people were questioning how the neighbour thought it was acceptable.
The man described his neighbour's building skills as a "red flag," saying he is a "serial bodger, whose projects only last for a year or two before they fall apart".
Fence Details and Concerns
The black fence, featuring wooden posts of varying heights, left the residents "not happy". They were also keen for their neighbour to "move it" further back from their property.
He went on to detail further concerns on Reddit, adding: "The first two photos show the fence, which they have covered in ground weed cover material because they said they don't want plants growing through from our side, then planks on their side. I don't think this is going to last very long until it is torn by the wind and rain and degraded by the sun."
"It also shows that the poles weren't sunk as deep as intended, due to the neighbour only being able to dig so far until he hit rubble he couldn't remove. The poles are also not aligned in all three dimensions."
The homeowner claims the fence is not "suitable" owing to a "massive wonky gap" and "plugs not completely in the brick but in the wood and the gap".
He fumed: "It's the same at the other end of the garages. They have also just built a conservatory on the other side, which comes within a few inches of the new fence and wall. Are my doubts justified about us using the posts to attach our own fence because of the way the fence has been built?"
"What sort of problems could arise if so? We obviously don't want a dispute with our neighbours, but also, they are the kind of people who will take the p*** and do whatever pleases them without thinking of others, so we don't want them to walk over us."
Your Rights if a Fence Encroaches
In the UK, if a neighbour’s fence encroaches onto your land, you can ask them to move it back to the true boundary, assuming you can evidence where that boundary is.
Hamptons, the home experts, note that if a neighbour builds a fence over your legal boundary, it is considered a trespass and a potential encroachment on your property.
Your starting point is usually to check the title plan and deeds, but be aware Land Registry plans are often "general boundaries" rather than pinpoint-accurate. If you can’t agree informally, you can use a surveyor or mediation, or apply for a formal "determined boundary", and ultimately you can go to court to seek an injunction to remove or relocate the fence, and potentially damages.
Limitation periods and long-term occupation can complicate things, for example adverse possession arguments, so early written objections and good evidence such as photos, measurements, and a surveyor’s report matter. If you have any concerns about your property or the behaviour of your neighbour, seek expert advice before taking action.
