Old fences can be an eye sore, one of the easiest and most effective ways to spruce up a back yard is to replace the old fencing with new! Before replacing, erecting or repairing the fence line there is a legal procedure first that must be abided by. Before starting the legal procedure, talk to your neighbours first. Changes to the fencing will affect them too so a friendly approach may help you to reach an agreement quickly and easily and avoid unnecessary conflict.
Getting neighbours consent
Getting their consent is the quickest and easiest way. Because the fence is on the property boundaries, it is considered to be part of the land on either side and therefore both neighbours are joint owners, even if your neighbour has not paid for the fence.
If you intend to remove or alter an existing fence, you should have your neighbour’s permission or a court order. Your neighbour has a right to object if you intend on altering the fence line or placing one where there wasn’t one before. Even if you intend to pay for all works involved.
Also, your neighbour does not have to pay anything towards the fencing work unless:
- they have agreed to, or
- the proper procedure has been followed, or
- a court orders them to.