boundary/fence/confused!

whitts

Have been reading garden law, over the hedge for over 2 hours now and I am so confused.

The boundary my neighbour owns is the issue, last year he took out all the hedges and i could see into his garden, over the past few months I have asked him what he is doing with it and the party wall act was mentioned. Posts were put in last week and today he has put in feather edge (close board fence) this is on the boundary line and he has put the nice side on his side. So i have gone from a nice kept hedge to nothing and now to an ugly site of horizontal planks. I asked him this morning about my side and he said that was it! I know he has paid money to do this, however I seem to have got the short straw as last year when I put up a fence on my boundary my neighbour had the nice side. One of the sites says that you can have the nice side if you build it all including the post on your side? Any feedback would be great.

Vibrant

The fence, including posts should be on his side of the boundary. But there are no regulations which specify who gets the pretty side of the fence and as it's his fence, he gets to choose.
I would just be grateful he paid for it, fences are expensive. You could always puts some plants your side, to enhance it, Potentillas are nice.

http://www.boundary-problems.co.uk/mainneighbours.htm#fence

whitts

thanks for that link Vibrant.

maninthestreet

What has the Paty Wall Act got to do with a garden hedge or wooden fence? Neither are considered permanent structures (and can a hedge even be considered a structure?). Just because you have the 'back side' of a feather edge fence facing into your garden doesn't mean your neighbour has done anything illegal.

robv_3

As he owns the fence he can do almost whatever he likes within reason. In someways it better for him to put the nice side towards him, if the fence falls down in your direction he is responsible for any damage. With the rails your side its more likely to fall towards him.

Plant your own bushes, trees or buy some willow fence etc.

whitts

maninthestreet wrote: »

What has the Paty Wall Act got to do with a garden hedge or wooden fence? Neither are considered permanent structures (and can a hedge even be considered a structure?). Just because you have the 'back side' of a feather edge fence facing into your garden doesn't mean your neighbour has done anything illegal.

I spoke to him as the boundary is about 40m long and he has on part of it built a brick wall which has got taller and taller it is now approx 7ft plus and ready to go higher. The problem is he is not forth coming with any info. I have contacted the council the today and await a call, the convenants ( think that is correct) says that height should not exceed 5 ft 6in. The other point is he has put the fence up, the height is over 8ft, so i have lots of planks to look at and it would take a while for plants to grow!

maypole

I though 2 metres was the height limit for walls hedges etc between properties, or am I mistaken?

jennifernil

I know up here in Scotland it is about 2 metres, if you want higher you need planning permission.

planning_officer

Covenants are irrelevant in planning terms. They are civil issues which fall outside the remit of the planning system.

In planning terms, any fence, wall, gate or other means of enclosure (not including hedges) can only be a maximum of 2 metres in height (including the posts) to qualify for 'permitted development' rights (if it's adjacent to a highway then the height limit is reduced to 1 metre). If it's any higher than that then he requires planning permission.

If it's 7 feet tall that's just over 2 metres therefore it sounds unauthorised to me. For info, the height is measured from the side from which it is put up, i.e. your neighbours side.

whitts

thanks for all the advice, have got the planning officer coming next week which will hopefully sort this out.
thanks again