A homeowner preparing to replace their garden fences faced a neighbour's objection to the new style, but UK law permits such changes under certain conditions. The homeowner, who posted on Reddit's LegalAdviceUK page, explained that their title deed confirmed they were responsible for all the fences.
Homeowner's dilemma
The homeowner had received quotes and were ready to proceed with typical H-frame panels and pillars. However, a neighbour objected, stating the style was not 'like for like' and needed to be so. The homeowner noted they couldn't use the same style because their other neighbour has concrete posts, incompatible with standard panel fences.
The existing fence, over 30 years old, was rotting, with crossbeams fallen and vertical slats coming loose. The homeowner stated, "I cannot maintain it going forward, and it is only getting more and more damaged. If a section blows down, I can't just pop to a local fence supplier and get a panel, which the new style would allow me to do."
Legal rights on fence replacement
Under UK law, homeowners can change or replace their garden fence style without planning permission, provided the new design is no more than two metres in height in the back garden, or one metre if adjacent to a public road or footpath. If the fence is genuinely shared, joint ownership by deed or a party boundary agreement requires both parties' agreement for alterations.
The homeowner said no agreement or covenant about the fence being 'like for like' was mentioned when purchasing the property. Therefore, they don't plan on changing the new fence. While this is legal, some Reddit responders suggested compromising for the sake of a quiet life, with one writing, "It might be worth trying to compromise with the NDN (next door neighbour), for the sake of a quiet life."
Who is responsible for shared fences?
Under UK law, the legal owner of a garden fence is responsible for its upkeep and repairs. To determine ownership, consult property title deeds or check the UK Land Registry records, looking for a 'T' marking on the boundary plan. An owner isn't legally obliged to repair a damaged fence unless it poses a safety risk or causes structural harm to a neighbour. If a neighbour refuses to fix their fence, you're legally entitled to construct your own separate fence entirely within your side of the boundary.
