Neighbour fixing fence & gate to my property

britstu

A neighbor has erected a a fence that is approx 9ft from the ground where the posts are set into. It is on her land but she has also attached part of it to the side wall of our property (not a party wall). She has also attached a gate to the same wall. Their used to be a gate their but it was a much lighter construction.
She did drop a letter stating she was having a some screening put up at some point in the future but with no details of the work. We replied to the letter asking her to discuss it with us as it would affect our view and loss of light. Rather than talk like we asked we received another letter stating basically tough I'm doing it regardless, calling us lairs (saying we don't have a view) and stating their is nothing to discuss.
The next day we came home to find the work completed. Including a new 2.4m fence post attached to our wall
Our property is approx 800mm higher (at it's highest point) than her property so the top of the fence is about 2m above our patio.
From what i have researched it is not permitted to put up a fence above 2m without planning permission (from the ground it's built on not height of neighbouring land). It is illegal to attach anything to my property without my permission. Even if the previous owner of our property allowed the gate to be attached, now attaching a new one with new fixings (new holes in our wall) does she still need my permission?
I have tried to speak to her and she has agreed (in a letter) to remove the fence post that is attached to our property but refuses to do anything about the gate or lower the (unsightly) fence.
Any help would be greatly appreciated. What are my options to rectify this. I've tried talking and asked her to call round to see what she thinks of it from our side but she refuses to talk and only communicates in letters.
Thanks

PasturesNew

Once she's removed the fixings from your house, is everything else on her land?

Re fence height, she could just reduce the height of the fence and attach a trellis and rose bush to the top..... or grow a huge leylandii.

robatwork

She can't just attach something to your house without permission. It's your structure and also your land and you didn't give permission for entry(I presume your extension is on your land).

I would post her a letter giving her 5 days to remove all fixings on your property, or you will do this yourself and send her the bill.

At this point you need some legal advice and also pop into http://www.gardenlaw.co.uk/ which is a good place for advice on this sort of dispute.

vikingaero

Sounds like if the fence is attached to the wall then you may not be able to maintain your property easily in the future without her goodwill. A little give and take?

britstu

Thanks for you replies.

PasturesNew wrote: »

Once she's removed the fixings from your house, is everything else on her land?

Re fence height, she could just reduce the height of the fence and attach a trellis and rose bush to the top..... or grow a huge leylandii.

Yes apart from what she has fixed to our property the fence posts and panels are on her property.
I believe even if she was to lower the fence and attach a trellis to the top of the fence, planning permission would still be required if it is over 2m.
I wouldn't have minded that (if it was a bit over 2m) so much or a shrub as we would still have light and a view

Our extension is on our land within our side of the boundary.

Thanks

pinkshoes

If it is a 9ft fence on their property but your property is 4ft higher, then isn't that a 5ft fence from your side from your land height??

I would focus more on it being attached to your property. Just write to them saying you asked them to discuss their plans with you, you do not give permission for the fence or gate to be attached to your property, and you would like it removed within 14 days and all damage put right.

shaun_from_Africa

pinkshoes wrote: »

If it is a 9ft fence on their property but your property is 4ft higher, then isn't that a 5ft fence from your side from your land height??

It doesn't matter how high the fence is when seen from the OP's property. If it is over 2 metres high on the neighbours land then planning permission was required prior to erecting it.

Money_maker

britstu wrote: »

Our property is approx 4ft higher than her property so the top of the fence is about 6.5ft above our patio.

This does not sound unreasonable. If I were your neighbour, I would be desperate for privacy too.

Money_maker

shaun_from_Africa wrote: »

It doesn't matter how high the fence is when seen from the OP's property. If it is over 2 metres high on the neighbours land then planning permission was required prior to erecting it.

6.56' = 2m, sounds like the contractor has taken the fence just up to the limit.

shaun_from_Africa

Money_maker wrote: »

6.56' = 2m, sounds like the contractor has taken the fence just up to the limit.

But the OP stated that the fence is 9' high on the neighbours land and this means that planning permission is required.
It doesn't matter how high the fence is when viewed from the OP's property, it's the height on the land that the fence is put on that matters.

photome

shaun_from_Africa wrote: »

But the OP stated that the fence is 9' high on the neighbours land and this means that planning permission is required.
It doesn't matter how high the fence is when viewed from the OP's property, it's the height on the land that the fence is put on that matters.

I get that but if the OPs land is 4ft higher and and a 6.5 ft fence was erected it would only be 2.5 ft high on the OPs side, that wouldn't give the neighbours any privacy, that doesn't seem right to me