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7: Creation of fencing covenants
or “How to make a promise about fences when buying land”
You could also call this:

“You need permission or a court order to build a fence on someone else's land”

You cannot build a fence that goes onto someone else’s property, even a little bit, unless you have their permission or a court says you can. This rule is part of the Fencing Act 1978.

If you want to put your fence on someone else’s land, you need to ask the person who uses that land if it’s okay. If they don’t agree, you can ask a court to decide if you can do it. The court might say yes in section 24 of the Act.

If you build a fence that goes onto someone else’s land without permission, the person who uses that land can ask a court to make you take the fence down. The court will usually tell you to remove the fence at your own cost. But the court might let the fence stay if it only goes onto the land a tiny bit and doesn’t cause any problems for the person using the land.

These rules don’t apply to fences that were built before this law was made.

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Next up: 9: Adjoining occupiers to share cost of fencing

or “Neighbours must split the cost of building a fence between their properties”
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Part 2 Agreements

8Fence not to encroach without consent or court order

  1. Notwithstanding anything in this Act, no person is entitled to erect a fence that encroaches to any degree whatever upon any land of which he is not the occupier, except—

  2. with the consent of the occupier of that land; or
    1. pursuant to an order of the court made under section 24.

      1. Where any fence erected otherwise than in accordance with subsection (1) encroaches upon any land of which the person who erected the fence is not the occupier, the occupier of that land may apply to the court for an order that the fence be removed; and the court shall order the removal of the fence (at the expense of the person who erected it) unless it is satisfied—

      2. that the degree of encroachment is minimal; and
        1. that the encroachment in no way adversely affects the use and enjoyment of his land by the applicant.

          1. Nothing in this section applies in respect of a fence erected before the commencement of this Act.