DID you know, your neighbour could face criminal charges for taking down your fence without permission in certain circumstances?

Fences and neighbours can be a tricky subject when it comes to what can and can't be done.

Whether it's knowing who's side of the fence is who's, if a neighbour can paint a fence or who can hang/attach items to the fence, the boundary item is a hot topic.

You may have a neighbour who is about to take your fence down without your permission and wondering whether that's ok.

What side of the fence am I responsible for in the UK?

In some cases, this could be classified as trespassing or criminal damage, but ownership in the matter is key.

So before things go any further, hear what the experts have to say about the legalities around whether or not your neighbour can take your fence down without permission.

Can my neighbour take my fence down?

Put simply, if you own the fence and it is within your boundary your neighbour is not allowed to move it or take it down.

If they do so it could be classed as "trespass and/or criminal damage and they could potentially face criminal charges for doing so", according to surveying company Stokemont.

To determine ownership of the fence, East Coast Fencing recommends checking the title deeds to the property.

Somerset County Gazette: It is important to determine who owns the fence when looking to take it down.It is important to determine who owns the fence when looking to take it down. (Image: Getty Images)

The fencing experts explain: "In the UK, boundary ownership is often indicated on the title deeds of your property.

"These documents may reveal that you’re the sole owner of the boundary, it is shared with your neighbour (party boundary), or that it belongs entirely to them."

East Coast Fencing adds: "If the deeds to your home do not clearly state who owns the boundary or if it's shared, you might need to come to an agreement with your neighbour or seek legal advice."

If it is a shared boundary, under the Party Wall Etc. Act 1996, your neighbour must run any plans for substantial work by you first.

You must then give written consent agreeing to the changes.

Regardless of whether it is your fence or your neighbours, they may need to seek planning permission if they plan on taking it down.

RECOMMENDED READING:

East Coast Fencing says: "In most cases, replacing an existing fence with another of similar height (up to 2 metres) does not require planning permission.

"However, if your property is listed or located in a conservation area, you may need to seek additional guidance."

If you are still having doubts, the fencing experts recommend consulting a legal professional "to understand your rights and responsibilities fully".