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Looking for boundary fence advice

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  • Looking for boundary fence advice

    Neighbour is housing association (HA) tenant. I (freehold) own house outright and mortgage purchased late 90s. Seller of house may have been old council jurisdiction tenant who used original right to buy (RTB) to purchase I'm not sure, nor does title deed state property was originally RTB.

    I want to erect 6ft fence within my boundary. To ensure housing association neighbour does not attach/alter/damage nor try to lay claim to opposite side of fence, I will make sure it's leaving a slight gap back from the edge of boundary of property (still my land, but essentially a no-go area). Neighbour has own fence propped against current fence of mine which is rotting, why I need to replace it.

    Housing association states that i must apply for permission, plus get tenant neighbour acceptance as my house possibly old RTB, but I believe this refers to homes purchased from HA and not Strathclyde Regional Council. Housing association states that if they erect a boundary fence on neighbour land, I may not be permitted to put one up on my own property, but will be responsible for maintaining the side which faces my garden. NOTE: I am NOT a HA tenant. I am a private homeowner.

    I checked local council and Scottish Government sites. No planning permission required by homeowner if fence 2m or under height. Fence will not restrict light/sunlight due to location of homes.

    My questions:

    1. Can Housing Association refuse me permission to erect fence, despite me having no dealings with them at all?

    2. Does the RTB status end if the person who first bought property in 1990 as right to buy, then sells home to new owner via mortgage?

    3. Can my neighbour claim that facing side of fence as theirs, even when within my boundary line, and thete are not "T"/"H" markers on title deed? Was previously told that this means neighbour cannot alter/paint/attach anything to fence if it was myself who paid and erected same, but HA disputing.

    Please help. I'm at my wits' end. All I want is a bit of privacy. There is no option for compromise. Already tried.

    Thanks in advance.

    Tags: None

  • #2
    I would say HA association staff are used to dealing with disputes between their tenants and can't switch their minds into somebody having an absolute right to do what they want on their own land.

    just as a check download your registry details from HM land registry (3) and see what it says. If there are no limitations then wave it in the face of those HA association power mad persons


    • #3
      I assume you live in Scotland? If so and you are proposing to erect something entirely within your own boundary then it seems to me that much of what the HA is saying appears nonsense. The best bet however would be to have a property solicitor look at your title deeds and advise you.


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