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?
Province/Country relating to question : Kent
Is it a party fence?
Yes at the back of both gardens
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.
Can I help further?
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So how do I stand if the other party is unknown and yet to move in? This is on a new build estate?
The situation is exactly the same whether you know who they are or not.
Who put the fence up?
The builders Taylor Wimpey
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?
PGD Law. 20 years legal profession, 6 as partner in High Street practice
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