Neighbour is changing hedge to fence, what can I do?

Wkdwill

Im just looking for a bit of advice, if this post would be better off elsewhere please feel free to move it for me.

Ill give you a bit of back story so you know where we are at.

Our street has only 5 houses, 1-3 are terraced, 4 is only attached to 3 by a corner of each house and number 5 is round the corner. The back gardens of 1-3 are only small, about 10ft wide by about 17ft long, between each garden including number 4's is a hedge about 7ft high, this is because the gardens are lower than ground floor level of the houses, so because we step down into the garden the hedges were grown to this height for privacy (although when we moved in they were about 5 and a half foot.

Last year we were talking to number 2 (we are 3) and were saying how much wider the gardens would be if the hedges weren't there, we discussed replacing them with fence panels, we agreed to go halves on it, but nothing ever came of it. We had only been living here 8 months and after a few more months decided that it was probably best as number 2 is a bit of an alky and we found out that 4 had no intentions of ever replacing the hedge, they wont even cut the top of it at there side, so because of this we thought it would look stupid with a 7ft hedge on one side and then a 5ft fence on the other, specially when the garden is so small.

A few months ago DH brought the hedge between us and 2 down to 6ft, just purely for more sunlight in the garden.

DH is now out in the garden talking to 2 and has just been told that he intends on replacing the hedge with 5ft high panels within the next few weeks, he said he would foot the bill and we could pay some back later, well for starters DH has no job from tomorrow, unless the agency can get him something else and we are expecting our 2nd baby in 7 weeks, not to mention I dont want the fence. He has mentioned doing the same to the hedge between him and 1 but we know they wont allow it as they dont like him and prefer there privacy.

Now im wondering if there is anything we can do without causing a rift, us and 2 are both council so im sure/hoping that he has to get permission to do it, but then the council know he has a lodger and have done nothing about it so I cant see them being much help.

Any suggestions please.

Thanks in advance and sorry for such a long post.

Penny_Farthing_2

As far as I know, you have no obligation to contribute to this fence. The existing hedge is doing the job. I would have a word with the neighbour and explain about your husband's lost job (that's sad, with a baby on the way too). Just be straight with them and say that there are a lot of calls on your cash for the foreseeable future so if he goes ahead with the fence, it would have to be his choice and his expense. You could explain your other reasons for not wanting the fence.

http://www.gardenlaw.co.uk/phpBB2/index.php

This site is fab.

27col

You will not get much privacy if the fence is only 5ft high. It really needs to be 6ft. If the neighbour wants a fence, it is up to him to pay for it. I hope your situation improves soon.

staffie1

Are they insisting on replacing the hedge with a fence even though you have told them you don't want that?

Wkdwill wrote: »

decided that it was probably best as number 2 is a bit of an alky

??

cattie

Wkdwill wrote: »

I but then the council know he has a lodger and have done nothing about it so I cant see them being much help

Thanks in advance and sorry for such a long post.

Council tenants are allowed to have lodgers. Most will have a small fixed extra due on the rent when a paying lodger is in situ but there is generally no bar to having lodgers.

Wkdwill

staffie1 wrote: »

Are they insisting on replacing the hedge with a fence even though you have told them you don't want that?




??

I did say to him that we cant afford it and I dont like the idea of a fence when we have a hedge on the other side but he doesnt seem bothered, he just wants to make his garden bigger.

Wkdwill

staffie1 wrote: »

??

Regarding the alky part, we dont really want to have only a 5ft fence between us, when he is p*ssed up at 1.30pm and we are out in the garden with our daughter and he is falling all over the place and shouting, swearing etc etc, with the hedge there he cant see us and usually goes about his day inside his house, but if he spots us in the garden he stays outside talking rubbish, swearing etc etc.

And no doubt, he would end up falling through the fence at some point, the hedge is too thick to fall through.

Twylite_x

Hi

Just a thought....... which hedge belongs to your property??

If its the hedge between you and No. 2 then he has no right to cut it down and replace it with a fence -

If the hedge belongs to his property - Oh well, time to put up trellis and those garden reeds to have some privavcy in your own garden!

HTH

x

Wkdwill

Twylite_x wrote: »

Hi

Just a thought....... which hedge belongs to your property??

If its the hedge between you and No. 2 then he has no right to cut it down and replace it with a fence -

If the hedge belongs to his property - Oh well, time to put up trellis and those garden reeds to have some privavcy in your own garden!

HTH

x

I honestly have no idea which hedge belongs to which property, with both houses being council I cant find out myself, I did ask the council last year and they said they didnt know and probably wouldn't be able to find out unless we were buying the house.

If we went with the general rule of thumb where the hedge to the right is your own, the hedge between me and number 2 would be his.

Thanks

theoretica

I imagine your tenancy is similar to this quote below. Could you get him to seek permission and contact the council asking them to reject?

from:
http://www.wandsworth.gov.uk/Home/CommunityServices/Housing/Counciltenants/ImprovingyourHome.htm#garden

You are responsible for looking after your garden. We expect you to keep your garden clean and tidy. You will not be able to alter, replace or plant any hedge, fence or tree around your property without getting permission from us first.

Twylite_x

Sorry to continue with ownership of hedges thing -

For I think, £3 ,you can get an internet copy of land registry details which should show by an inverted T which boundry lines are yours

---

OR

You could ask No.1 house, if they're not council, to check their paperwork and see which ' hedge' they own which in turn should help you know which 'hedge' you own too....

( Can you tell i've had a similar problem - hehe )

Hope you get it sorted out soon!