Problems with neighbours

GracieChi

Hello all:hello: I wanted some advice, please. We moved to my home 2 years ago, and the house was a mess, the fence, our side, was falling apart. We had the panels replaced, however, the panels were one foot shorter than before(4 instead of 5ft). My neighbours didn't like the new fence and wanted us to make them higher, and we said we'd put some trellis up sometime later in the year. But they offered to pay to put them up straight away, and I said to let us know when the builders would come up so we could all discuss size, etc, together, since the fence is on our side. To our surprise, when we woke up today, the builders were already doing the work, but the neighbours decided to install a fence in front of ours, on their land, instead. The problem I have is, they have a raised patio, so some of the fence on their side is on top of it, making it look like a 8ft fence from our side. Also, the trellis is quite high and the builders screw them to our fence. Do I have the right to complain about the height, even though the fence is in their garden? What if the fence blocks the sunlight into our garden? Can they push their fence and trellis against our fence or should there be a gap? The builders actually pushed a wooden post behind our existing post, so, not only they damaged the concrete around our post, but their post moved ours and is now about an inch into our side. Any advice would be appreciated, please. We are not trouble makers but we feel that the neighbours keep dictating to us what we should do to our garden, they even said we should cut our fruit trees down, when they had giant pines in their garden. Many thanks!

david29dpo

If its your fence and your land, no one can touch it, nail to it, paint it, damage it etc etc etc. Any damage is criminal damage. Not sure about the rest!

Morglin

I don't think the 'sunlight issue' will make any odds, as far as the council are concerned, although they should have made sure they didn't damage your post.

To be honest, if they are that 'nosy', then I would have thought the high fence is a good idea - and I'd be wary about making a fuss - some of these minor boundary/fence/tree issues can quickly esclate into all out war!:eek:

Lin

GracieChi

Hi, Dave & Lin, many thanks for your reply
I cannot be worried about "making a fuss", as, although it seems like a minor problem to some, it is not for me, as in time the neighbours trellis might damage my fence- the trellis is not screwed on top of our fence, but it was placed behind it, supported by wooden poles on their side, then screwed onto the side of my fence, and is pushing against it. I really would like to know if there should be a gap between my fence and the one they put up, please?
I am definitely not scared of confronting my neighbours IF I know I have rights. Apart from the damage, the trellis is very high, I think almost 7ft as my husband is 6'2 and the trellis is much taller than him, plus the fence panels are definitely over 7ft because, as I said before, of their raiser patio. Thanks again for all advice

jackieb

I thought that you couldn't put up any fencing or walls higher than 6ft without getting permission first?

staffie1

Fences, gates and garden walls

You will need to apply for planning permission if you wish to erect or add to a fence, wall or gate and:

• it would be over 1 metre high and next to a highway used by vehicles (or the footpath of such a highway); or over 2 metres high elsewhere; or
• your right to put up or alter fences, walls and gates is removed by an article 4 direction or a planning condition; or
• your house is a listed building or in the curtilage of a listed building.
• the fence, wall or gate, or any other boundary involved, forms a boundary with a neighbouring listed building or its curtilage.

planningportal.gov.uk

staffie1

So I read that as meaning you do need permission to erect a fence that would be more than 6'7" high.

jackieb

staffie1 wrote: »

So I read that as meaning you do need permission to erect a fence that would be more than 6'7" high.

I think it does. I'm pretty sure it used to be 6ft until it changed to metric though.

GracieChi

Hello all, many thanks the thing is, the fence they put up is on their land and is probably around 6ft on their side, but looks much taller on my side, about 8ft, as they have a raised patio. Does it make any difference that the side in question is my responsability, even though they put the fence up inside their garden? When measuring the size of the fence, does the trellis count, please? Does it mean 6ft for a fence and 7" for a trellis max height combined? Thanks again:A

olly300

GracieChi wrote: »

Hello all, many thanks the thing is, the fence they put up is on their land and is probably around 6ft on their side, but looks much taller on my side, about 8ft, as they have a raised patio. Does it make any difference that the side in question is my responsability, even though they put the fence up inside their garden? When measuring the size of the fence, does the trellis count, please? Does it mean 6ft for a fence and 7" for a trellis max height combined? Thanks again:A

The best people to talk to are the planning office in your local council as different councils have slighty different rules. Have a look on their website and if you can't find any details give them a ring tomorrow.

If the fence and the posts are all on their land , and doesn't breach your local council rules then there is nothing you can do.

There is no law that stops both neighbours from putting up a fence on their land with posts that goes along the boundary as long as they don't cross that boundary line.

Some people who don't get on with their neighbours, or simply don't like the fence that is already up will put up fences and posts that are wholly on their land.

The only thing you are allowed to do is cut off any overhanging branches or pieces of plants that overhang on your land. However you must give all clippings back to your neighbour. And you must not kill the plant roots.

Have a look at the neighbours from hell website. I suggest you don't start a fight over a boundary as someone has been killed over it and householders have wasted lots of money in court fees, solicitors etc arguing over this.

dfarry

I haven't read every post on this thread but, I think the advice given here is spot on...

Strictly speaking it is criminal damage (to screw their fence to yours) because they have without lawful authority/legal excuse, intentionally/recklessly damaged property belonging to another.... but it is most unlikely that your local force will investigate this because there are civil methods of resolving these problems.

I have had problems with my neighbours in the past over borders, fences and walls and even satellite dishes... it's so annoying that because of the ignorance and selfishness of others you have consider legal methods of resolving issues.... In my case I never bothered, whilst it annoys me that "They've got away with it" the issues have been relatively minor and I'd rather not was time and money on solicitors.