Gate in neighbours fence to my garden?

SailorSam

You may find this site useful, it gives the legal ins and outs of boundaries;
boundaries Garden Law advice on fences, trees and boundaries

yoda84

thanks everyone!!! great help..now to ebay to find the worlds biggest trellis

chris_n_tj

yoda84 wrote: »

thanks everyone!!! great help..now to ebay to find the worlds biggest trellis

Even better look on freecycle for some 1x1 and make your own. Its easier than you think.

ERICS_MUM

To be honest I wouldn't take any action until I was absolutely sure about what the deeds say about the gate and the boundary out in the front (i.e. your diagram).

It's only when you read this sort of problem that you realise what a blessing it is to have good neighbours (mine are great.)

yoda84

Hi Erics Mum,
Of course i'll be doing a big reed of my deeds when i get in this evening, to top it off i've received a noise complain letter from the council as he has complained..............because i had friends over on a saturday night............5 times in a year!!!!!!!! 2 of which they were on holiday for! guy needs some serious help! anyway thats an argument for another day. Will have a good read of the deeds and get back to you guys tonight.....if i errect the fence within my own boundry.......that means i could paint the side facing them....what ever colour i wanted yes?....my my....how i do love dayglo orange

bobhawke

yoda84 wrote: »

thanks everyone!!! great help..now to ebay to find the worlds biggest trellis

The maximum height allowed, without gaining planning permission, for a fence AND trellis is 6' 6"

yoda84

Hi bobhawke,
Is that for definite? I had read that as a trellis is not classed as a permanent fixture then it could be any height?

bobhawke

yoda84 wrote: »

Hi bobhawke,
Is that for definite? I had read that as a trellis is not classed as a permanent fixture then it could be any height?

Do a search on the gardenlaw.co.uk forum and it will confirm what I said.

Mojisola

bobhawke wrote: »

The maximum height allowed, without gaining planning permission, for a fence AND trellis is 6' 6"

This is right. 2 metres is the total height. Plants can be allowed to grow taller.

How long has the fence been in that position? If it has been in place for a good while, it won't matter what the measurements on your deeds say. The boundary will now be where the boundary is.

The neighbour could make his fence up completely of gates if he really wanted to. What he can't do is have them opening onto your land. He also would have no right to use the gates unless he has a right of way across your garden. You need to check your deeds and his to make sure he doesn't have a ROW. It doesn't matter if he has some other way of accessing his garden - if he has a ROW, you can't block it.

If you are sure that he doesn't have a ROW, you can block across his gate in any way that suits you - a big plant in a big pot, one fence panel, a compost heap, a scarecrow that somehow looks like him!

yoda84

a scarecrow you say............now that sounds like a plan and with halloween coming soon surely its only been errected for "festivities".........and then i forgot to take it down hehe
I'm going to check this evening for def about the ROW but alot of the house on the street (all of the same design) now have fences where only a few (like mine/neighbours) still have a gate, so im "guessing" it will be fine, but will check before i do anything.

In theory, if there is no ROW and i errect the fence on my boundary, is there anything stopping me adding a "private property - no tresspassing" sign on the side of the fence that faces him?