Changing fence

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Hi,

The dividing fence between me and my neighbour is my responsibility, so when i moved in (new build) i paid to have the fence put up, its a basic, wood post, wood rails and lats nailed to the rails with gaps inbetween them.

My neighbours then built a conservatory (rather close to the fence aswell i may add), so now we have no privacy and im wanting to get a closed gap or featherboard type fence fitted.

Houses got built behind us and ive realised that when the bloke did my fence he has done it about 6 inches into my garden, now i cant really move the fence posts because of the conservatory so is there anyway the lats etc could be ripped off and a new fence fitted using the original posts without putting new ones in? They are 4 years old.

I want the good side still i think and if he give them the good side they wouldent have any space to access the conservatory and i dont know if thats allowed??

Its just annoying how looking out my bedroom window it looks like ive moved the fence to accomodate thier extension.
 
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so is there anyway the lats etc could be ripped off and a new fence fitted using the original posts without putting new ones in? They are 4 years old.
Sounds as though that would be the easiest and cheapest solution: Remove the existing boards, renail them in place so as to close up the gaps, then add extras to fill in the gap which will obviously then be left at one end.
 
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This was my original idea however from the top bedroom it looks lyk the fence has been offset for their conservatory basically which is annoying me.

Am i within my rights to get the posts taken out and moved closer to the conservatory therefore preventing them access to it? Or put the good side of the fence on thier side, which will still cause access issues for them.

They have built about 2 inch from the boundary line by my calculations. Its been up a year and a half now, they havent got official planning permission, and it is 0.5m longer than permitted development allows.
 
You can put up the fence whichever way round you want, If your deeds state its your fence (You are the one paying for it) it is only goodwill that states the neighbour gets the good side, if they want the good side let them offer to pay towards the fencing costs.
 
Up to a certain size, you no longer need planning permission - though you are supposed to not build so it has an adverse affect on your neighbours.
You can put your fence back on your lost land and stop them entering the conservatory but you'll more than likely fall out with your neighbours - it's up to you!
 
There's a website called "gardenlaw" or summit similar. Google that when you have an hour spare.
 
Its a bit odd to have ownership of a fence where the post and rails are on the outer side.
 
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