Advice needed please

Gemstar

Hi,
I’ve been very unlucky and have an inconsiderate nasty neighbour living next door. We have lived in our new builds for just over a year.
My garden is approximately 2’6 or so higher and we share a wall and double sided wood fence between us. We each have a pathway leading to our side garden gates
which were side by side.
He has moved his gate and fixings 7 meters forward to the front of his house and it now measures 7ft 3inches off his path.
This structure has blocked and deprived us of our lovely view of the winding road and very pretty countryside. I can’t see the postman arriving in the morning anymore or wave to my friend etc! It could also reduce the value of our property as the view from the kitchen window played a big role in the choice of our new home.
We can only see the tops of trees and the top of the road now.
This is so mean and unfair, his kitchen window is on the other side of his house and he has a full and open view of the surrounding area.
He never uses this gate by me as there is another entrance gate at the other side of his property which is by his back door and garage.
Is there anything I can do? He’s not very friendly or approachable. Thanks in advance.

phill99

Gemstar wrote: »

Is there anything I can do?

Yes: get a reality check and realise that not being able to wave at your postman wont affect your house price in the sligtest.

Gemstar

The postman comment is silly.
The reality is we have suddenly been robbed of our fabulous view.
My children and I are upset as we can no longer see the wildlife from the window, rabbits, squirrels, foxes, birds etc. We used to have so much fun spotting and naming the different species. Is the height of the fence/gate legal, can one individual just simply do this to his neighbour?

jhs14

Ignoring the fact that your garden is higher up, how tall is the actual fence?

Davesnave

You have no rights with regard to a view, but....

From the Planning Portal:

Fences, gates and garden walls

Planning Permission

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;
  

Would a 1 metre fence still block your view?

If you report the neighbour to the planning dept at the council and they force him to remove/lower it, he will probably put 2 and 2 together. However, he won't be able to prove anything as they do not to disclose who/where they got their info from; it could equally be from a building inspector driving past,

27col

If you want a fabulous view then you have to buy one. You have absolutely no "right" to a view.

Gemstar

Thank you everyone.

jhs14

The Gate is made out of wooden fencing, It’s about 3 meters long and runs at 90 degrees to the
party wall. It has a door in it (gate) and is just over 2.2 meters high (7ft 3 in) from his ground.



Davesnave

1 meter would be fine, but his intention is to block the view, a spite fence.
We had a few conversations in the past about the wildlife and so on and he knows how much we love the area.
He seems to thrive on being nasty, I suspect him of letting the air out of my tyres and a few other recent incidents, but hey-ho that’s another story.


27col

I did buy my view when I purchased my house.

The view happens to be green belt and for now at least it cannot be built on.
An unsightly tall fence with a gate has been erected to obscure the countryside by one selfish individual.

jhs14

If you're correct that the fence has been erected just to spite you, the that's undortunate. However, as has been said there's no such thing as a right to a view - your neighbour has the right to erect fences anywhere he likes on his land, within the regulations mentioned above.

Where is the fence in relation to nearby roads - does it form the boundary between your neighbours property and the road/pavement?

Davesnave

I have a fantastic valley view, but the people who built my bungalow set it back from the road a long way, so I can't see more than half of it from inside the house.

I'm in the middle of renovations, so from the scaffolding I see what I'd see if we had an upstairs. This has led me to decide that when the work's complete, I'll install a video camera at the highest point, linked to a screen in the kitchen. That way, I'll have the view and better security, though that's not currently an issue.

Just an idea for you to think about. I'll guarantee your neighbour wouldn't like it! :rotfl:

27col

OP. You may have bought a house with a view. But the view was not yours. If you want to own a view then you need to own the land that provides the view.
That is the point that I was trying to make.