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Law and Rights of Garden Fencing

Illogical as it may seem, to the surprise of many fencing is not as simple as it seems. There are several laws that should be kept in mind which posting a fence. We have put up a basic guideline for you about the laws.

First up is the most commonly mistaken belief about the height of certain fences due to the wrongly reported content on several websites. The idea is that fences should be 2m high however according to the law; the fence can be as high as 100m but WITH proper planning and permission. Fences that do not require any permission are 2m or less in height.

The seemingly simple laws also have some conditions applied. There is no requirement for planning and permission for the trellis you wish to put on a 2m fence. However, if plants are to be supported with a solid holding body, the fence is considered to be higher than 2m. Plants that grow beyond 2m otherwise are permitted as the fence remains the same height.

Gardens that have fencing on both sides have characteristic issues of their own the most common being who owns the fence and who is responsible for repairing it. The solutions to these are relatively illogical and a common belief is that if you stood with your back towards the house, the fence on your right side it you responsibility. However law says otherwise which is that if the fence post is on your land, you own the fence. This is similar to the case for ditch and hedge divided farms that if the ditch is dug in your land, the mount of soil should also be thrown on your own land. Similarly, you can put fences on your own land and not on the property of your neighbors.

An important issue that should not be ignored is the safety of others while posting a fence in Derby. Fences should not be a problem for the people walking on sidewalks if you fence borders a walkway of a footpath. Fences should be safe for people waling outside as anything that may cause an injury is illegal. Some common examples of seemingly harmless measures are barbed wire and smashed glass to deter thieves but it is not allowed to put materials that may injure someone even if they were breaking into your house!


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Garden Fencing Derby
19 Saint Christopher's Way
Derby DE24 8JY
United Kingdom (UK)
Phone: 01332 402800