A question regarding fencing

[meriad]

Does anyone know if there is a law that stipulates that one has to erect a fence on a boundary line if one doesn't want to?

Reason I ask is: the fence between my neighbour (A) and I belongs to me, however her garden is longer than mine which means she also shares a boundary with my upstairs neighbours' garden (which backs onto mine). Yesterday I finally had the last few damaged panels replaced, and at the same time A paid for the two panels that run between her garden and upstairs to be replaced as well (well, it's 1.5 panels and a gate) as it made sense to do it all in one go.

A for some time now has been trying to get hold of R who owns upstairs, but from what I gather hasn't had much luck and she's now talking about taking him to the small claims court because as far as she is concerned (and rightly so to some extent) he should have paid for that bit of fence. But would he be required to put in the kind of fencing we did or could he just have put in any old type of fence? Mine are closed board fence panels with concrete posts and gravel boards so whilst not the most expensive definitely not the cheapest either; but they are good quality and they last. Knowing R the most he'd have done is put in 'normal' cheaper panels using wooden posts and probably no gravel boards at all. And I know for a fact that he wouldn't have put in that gate because it leads from A's garden to his and he didn't want her to do that but she still did (she says she needs it as an escape route out the property should there be an emergency and she cannot get to the front door to get out that way - she doesn't have direct garden access, it's only via the house).

So is there a legal requirement for someone to erect a fence if they don't want, but the neighbour wants?

anyone know?

[Aggers]

The laws regarding boundary fences are complicated.

I suggest that your best plan would be to go and ask at the CAB.

[Workingman]

Ria, this might be of help.

From a quick read it looks as though A does not have a legal leg to stand on re her part of the fence.

[meriad]

Thanks Frank - that is helpful. Another neighbour (Trish) and I thought that would be the case and Trish did tell A that she most likely had no legal rights, but A just wouldn't want to hear a word about it.

It would be nice though if the upstairs neighbour did offer to reimburse her for a bit of the fence at least, but I wouldn't hold my breath if I were A.