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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9985
Experience:  30 years as a practising solicitor.
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I want to know who owns the fence . If I own it my understanding

Customer Question

I want to know who owns the fence . If I own it my understanding is that I can erect my panels without any issues.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

-Could you explain your situation a little more?

Customer: replied 3 years ago.
OK , I have employed a landscaper to erect fence panels around my property. The fence that separates my property from my neighbours is 6ft high and the main posts for that fence are on my side of the fence. My understanding is that with the posts being on my side of the fence I therefore own that fence and am responsible for its upkeep. I have decided to erect fence panels on my side of the fence which helps make our garden more private. Can i erect these panels ? ALso if I was to erect a summerhouse in my back garden would I need planning permission as it is 5m x4m and about 3m high?
Look forward to your reply
Expert:  JGM replied 3 years ago.
If the fence is on your side of the boundary then you can put pales onto it provided that it does not cause a nuisance to your neighbour and provided that there is nothing in the title deeds to prevent you.

If the fence is actually a boundary fence and is deemed to be owned jointly then you would need your neighbours consent.

As regards the summer house you don't need planning permission if the following are complied with:

The structure is not to be built on land forward of a wall forming the principal elevation of the dwelling house. In loose terms, principal elevation usually means the wall of the house that contains the front door.

The structure is single storey.

For a dual pitched roof, the height to the eaves cannot exceed 2.5 metres and the overall height cannot go above 4 metres. For a flat roof building the height to the eaves must be no more than 2.5 metres and the overall height must not exceed 3 metres.

If the outbuilding is within two metres of a boundary then the maximum height cannot exceed 2.5 metres. The outbuilding should also be at least 5 metres from your home.

If the floor area of the building is between 15 and 30 square metres there should be at least 1 metre to any boundary to comply with building regulations.

If the floor area of the building is less than 15 square metres it can be sited close to a boundary. It is advisable though to allow a minimum gap of ½ metre between the building and the boundary for access and maintenance.

The outbuilding must not itself be a separate, self-contained living accommodation (and must not have a microwave antenna).

No more than half the area of land around the "original house"* should be covered by additions or other buildings. i.e. the outbuilding should take up less than 30% of the garden surrounding the house.

No raised platforms over 300mm. A raised platform is defined as anything more than 300mm above ground level- measured at the highest point and includes decking. Also beware that the 30% rule above will also apply to decking so factor that into your design.