Can I build a bigger fence?

[zaby]

Funnily enough that was the reason I expected but probably the only one he didn't give. During our discussion he implied he would be willing to replace the existing wall with a similar stone wall, of the same height. I think the height problem is the key - he's a very nosey person and likes to be able to see what's going on, even in other peoples gardens. Plus I think him and his wife are pretty lonely and they like being able to easily strike up a conversation with us. Like I've said previously, we don't mind this but it can be a bit much especially when we've got friends round. Plus I want to protect myself and him from the certainty of my son breaking his greenhouse.

It's a difficult situation all round.

I must say you are being really decent about the whole thing. Most people I know, with young children and a nosy old neighbour poking his head over the wall every 5 minutes, would put up a new fence without even asking!

Personally I'd explain to him, given his response, you have no choise but to erect up a legal 2m fence on your side. It's within your right to do this. In addition to your greenhouse concerns, explain to him you want to better protect your children and property from crime, the weather, the issue of dogs, foxes etc jumping over the wall and into your garden.

Then gauge his reaction. Say of course you would rather demolish the 'unsafe' wall and put up a fence on the official boundry line, just like the fence he has on the other side.

Maybe he'll come round to the idea. If not, build it anyway.

 

[Deleted2797112]

If the second fence goes up on my side, and is legal, then surely this wouldn't constitute a 'dispute' in legal terms, and therefore wouldn't need to be declared in the event of a house sale. Is this not correct?

There's a good chance that I will look to sell my home in the next few years. I had considered that erecting a bigger fence would increase privacy and help sell the house, however this is by no means the primary reason.

I may just end up leaving it. I don't relish the prospect of getting into a legal dispute. Plus my neighbour is a pensioner who's had heart problems and I don't want to cause him any stress, even if he is being totally obtuse! We'll continue playing football and he can continue repairing the glass in his greenhouse

Thanks all for your advice.

This is what the TA6 formerly SPIF (Sellers Property Information Form) asks when you put your property up for sale:

2 Disputes and complaints

2.1 Have there been any disputes or complaints regarding this property or a property nearby? If Yes, please give details:

2.2 Is the seller aware of anything that could lead to a dispute about the property or a property nearby? If Yes, please give details:

3 Notices and proposals

3.1 Have any notices or correspondence been received or sent (e.g. from or to a neighbour, council or government department), or any negotiations or discussions taken place, which affect the property or a property nearby? If Yes, please give details:

It's not whether you put a 'legal' fence up - it's the process that went on prior to the fence going up that matters.

Law Society TA6 Specimen Form