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We want to put a trellis onto our fence. It is a shared fence

 
Law Denning's Avatar
  • Answered by:Law Denning
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Customer Question

We want to put a trellis onto our fence. It is a shared fence but on a new build and the other party is yet to move in. Are we allowed to attach a trellis onto our side of the fence?

 

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Province/Country relating to question : Kent

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Submitted: 256 days and 9 hours ago.
Category: UK Property Law
Value: £22
Status: CLOSED
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Expert:  Law Denning replied 256 days and 9 hours ago.

Is it a party fence?

Customer replied 256 days and 9 hours ago.

Yes at the back of both gardens

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Expert:  Law Denning replied 256 days and 9 hours ago.

Technically, if it is a party/jointly owned structure, you cannot attach anything to it without the consent of the other party.

If however it is owned by you, you can do what you like to it, provided it is no higher than 2 m because after that, you need planning permission.

 

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Customer replied 256 days and 9 hours ago.

So how do I stand if the other party is unknown and yet to move in? This is on a new build estate?

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Expert:  Law Denning replied 256 days and 9 hours ago.

The situation is exactly the same whether you know who they are or not.

Who put the fence up?

Customer replied 256 days and 9 hours ago.

The builders Taylor Wimpey

Accepted Answer

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Expert:  Law Denning replied 256 days and 9 hours ago.

In that case, it is not your fence, it is their fence, although, if it replaced and existing fence, it may be a party fence. In either case, you are faced with either speaking to the builder and getting consent or speaking to the new owners when they move in. The builder is unlikely to tell you the name and address of the buyer. Can I help further?

Expert TypeSolicitor
Category: UK Property Law
Pos. Feedback: 96.8 %
Accepts: 1968
Answered: 7/31/2012

Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice

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