Can I replace a fence without my neighbour’s permission?

Usually, if it is yours and you have the necessary rights. That does not authorise moving the boundary, removing a shared fence or using your neighbour’s land without an appropriate right or agreement.

Check two things before ordering materials

Who owns the fence, and where is the legal boundary? Those are separate questions. An existing fence may sit inside one owner’s land. Replacing it does not give you permission to move it outwards to a line you have estimated from a title plan.

Record the old position before removal

• Take dated photographs of the complete run and both ends.
• Record its relationship to stable features, such as a house corner.
• Keep photographs of posts, holes and any exposed earlier foundations.
• Retain the quote, design and any written agreement with the neighbour.

These records are especially useful if the original fence disappears before someone raises a concern. Ask the contractor to follow the agreed setting-out information rather than deciding the line on the day.

What about access to the other side?

Needing room to work is not itself permission to enter a neighbour’s garden. Arrange access in writing where it is needed, including timing, protection and making good. Statutory access routes exist in some circumstances, but should be checked before relying on them.

When should I pause?

Pause if ownership is shared or uncertain, the line is disputed, or the proposal involves a wall rather than a simple timber fence. Check planning restrictions and covenants as well. Agreeing the details first is normally easier than sorting out a newly installed fence afterwards.