New fence vs neighbours

OSM80

My family moved into our house a year ago. There are 4 houses in the cluster, with the last being a corner plot onto a busy road. Our house is 2 down from this one. Our back gardens are currently seperated by wire fences, and so you can see from the road right into our garden. Clearly we have no privacy, and I always feel very vulnerable when out in my back garden with my children. So we have decided to put a wooden fence up.

I have had someone come round this morning to look at it, and my elderly next door neighbours were very quick in coming out to ask what was happening (truth be told, I want some privacy from them as well!). I explained I was concerned about my children's safety in that anyone from the road can see them playing in the garden and its very easy access. This didn't go down to well, and they don't want the fence up.

Basically, if i ensure the fence is on my land, can they threaten me with any legal action(which they say they have done to previous occupiers)? And do I need any sort of planning permission to put up a fence?

Thanks!

finnis

I would have thought you have every right to put up a fence if one exists already. One thing that might affect the situation is light - if it affects the light into your neighbour's house they may have a cause for complaint.

Also, there are sometimes clauses in the deeds which you must adhere to - for example, where my father lives the front gardens must be open plan. You can't plant a hedge or build a wall at the front of your garden.

I'm no legal expert, though, so I would suggest you consult your local planning office for advice.

cairon

Clearly no one wants to argue with the neighbours but to a certain degree what you do on your land is your business. I personally always think it is wise to speak to the council before putting anything up for no other reason that it provides you confidence. However you can put up a fence up to the max height (so long as there are no convenants on your deeds prohibiting this) right up to the boundary and you neighbours can moan but they are pretty much powerless.

Check which boundary you own first.

There are a number of sites that cover this kind of thing and I would suggest the following rather than this site which is more about saving cash.

http://www.gardenlaw.co.uk/

BlondeHeadOn

You've got a fence up already, so you know exactly where the boundaries are. We have a wire fence all round our garden and, like you, wanted more privacy when we moved in 10 years ago. Our wire fence is very sturdy with concrete posts, so all we did as a stop-gap was to wire some wooden fence panels directly to the existing wire fence, with some gravel boards at the bottom so the panels had something to rest on. We decided that this would do until we could afford to sort out some proper fencing. We calso attached some trellis to the fence panels so that this increased the height of the fence by a foot or so (we used 5 foot fence panels) and plated a few climbers to cover the trellis.

10 years on and this arrangement is still in place and looks fine - and none of the neighbours have complained at all as it just looks like a wooden fence from their side as well.

Might be an idea to try this first - then all you are doing is screening using the existing fence.

Aliss

BlondeHeadOn wrote: »

You've got a fence up already, so you know exactly where the boundaries are.

Not necessarily!

But if you build a fence inside the wire fence, on your land, (after checking boundaires), that's fine. No planning permission needed. Legal limit is two metres but check and re-check all local statutes- mine says no plants over 18 inches in the front garden!!!

Sounds like your neighbours just like being able to nose across the gardens. Sorry I can't be more helpful. If you keep stressing the kids' safety issues that might get through to them.

Jdubb

OSM80 wrote: »

My family moved into our house a year ago. There are 4 houses in the cluster, with the last being a corner plot onto a busy road. Our house is 2 down from this one. Our back gardens are currently seperated by wire fences, and so you can see from the road right into our garden. Clearly we have no privacy, and I always feel very vulnerable when out in my back garden with my children. So we have decided to put a wooden fence up.

I have had someone come round this morning to look at it, and my elderly next door neighbours were very quick in coming out to ask what was happening (truth be told, I want some privacy from them as well!). I explained I was concerned about my children's safety in that anyone from the road can see them playing in the garden and its very easy access. This didn't go down to well, and they don't want the fence up.

Basically, if i ensure the fence is on my land, can they threaten me with any legal action(which they say they have done to previous occupiers)? And do I need any sort of planning permission to put up a fence?

Thanks!

I have almost exactly the same problem but certainly the same circumstances - I'm sorry I've only just read this and hope yr still checking replies but I'm going to seek legal advice and will let you know what I find out.

oliverp_2

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 article 4 direction (see page 9) or a
planning condition; or
• your house is a listed building or in the curtilage of
a listed building.

You will not need to apply for planning permission to
take down a fence, wall or gate, or to alter or improve
an existing fence, wall or gate (no matter how high) if
you do not increase its height. In a conservation area,
however, you might need conservation area consent
to take down a fence, wall or gate.

http://www.communities.gov.uk/index.asp?id=1144635

I don't think the neighbours have any cause for a complaint unless there were specific restrictions/conditions within the original planning permission for the house.

ormus

the basic rule is 1m for fences at the front and 2m elsewhere. and usually no PP required. hedges and plants have no or few rules! hence the leylandi problem!
conservation areas have special rules.
and house covenants have other rules. although not really that important as only the grantee can enforce the covenant. mines been dead for many yrs now.

donnalove

finnis wrote: »

I would have thought you have every right to put up a fence if one exists already. One thing that might affect the situation is light - if it affects the light into your neighbour's house they may have a cause for complaint.

everyone seems to think they have a right to light when in fact you don't, so complaints on that score wouldn't wash.

also do you need to contact the building firm of the estate where you live? as where my sister in-law lives you have to have permission off the origanal builder(in her case cawry's) if you want extensions, trees, etc

if you check your deeds you can find out what you can and can't do

donnalove
xx

madmum33

We had the same problem about 12 years ago - elderly neighbours didn't want us to put a fence up as it might cut out light from their veg garden, and their washing line was only 3 feet away so that was a concern. We explained we were trying to limit the problems we'd had with the kids kicking/throwing balls into their veg garden and a 6ft fence seemed the quickest way.

Our fence went up on our side of the original boundary fence and never seemed to cause any problems in the end!

OSM80

Thanks, thats all very helpful. I called the council and they said I don't need any planning permission as long as the fence is 2m or under in height. The neighbours have since said that when the previous owners ofmy house agreed to put up the wire fence it wasn't put up straight, so the fence is across the boundary slightly. I have said when my fence goes up, I will rectify this and give them their land back, but they said they don't want it. They are happy with the fence that is up now.

I have had a quote of £200 to do it, and it seems the best price I can get - or can anyone suggest other ways that it can be done cheaper? I fear my neighbours may fall out with me over this, essentially because it may affect their flower border - although they haven't said as much. I may have to get my son to keep kicking the ball into their garden over the next week so that they will think a fence is a good idea!