Neighbour fixing fence & gate to my property

ChumLee

photome wrote: »

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

Fence height: Can I make my neighbour reduce the height of his fence? My neighbour's fence makes my garden very dark beacuse his fence is high and his garden is on higher land than mine.

If your neighbour's fence is within the height limits set by your local authority, when measured from the ground on which it stands (not from the level of the ground on your side of the fence) then there is nothing that you can do about it.

If your neighbour was to reduce the height of his fence, from say 1.8 metres to 0.9 metres, then you would find there was an issue of privacy within your land as your neighbour would easily see over the top of such a low fence.

Source: boundary-problems.co.uk

shaun_from_Africa

photome wrote: »

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

It might not seem right but don't forget that when discussing issues such as this, you must consider only what the legal requirements are and not the wants or desires.

As the link from ChumLee states, the requirement for planning permission depends on the height of the fence measured with respect to the land on which it is placed and not with respect to any adjoining land.

If your neighbour's fence is within the height limits set by your local authority, when measured from the ground on which it stands (not from the level of the ground on your side of the fence) then there is nothing that you can do about it.

phill99

britstu wrote: »

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

I should hope so.

peachyprice

britstu wrote: »

A neighbour has erected a a fence that is approx 9ft from the ground where the posts are set into.

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


Thanks

How so If her fence is 9ft, your land it 4ft higher?

macca1974

even if your neighbour did need to get planning permission, isn't it quite likely that it would be approved as the top of the fence is no more than the legal height if your properties were level. So a complaint might just upset things further without you getting the resolution that you are looking for.

Clearly, they need to remove the fixings from your property.

bod1467

Can I refer you to post #13?

britstu

Thanks for the replies.
I have posted a letter (last night) asking for all items to be removed from my wall within 7 days. I also pointed out that she is breaking local planning laws as she doesn't have planning permission.
The council have been contacted so hopefully they will deal with the height issue.
Today I believe she has removed the fence post that was attached to my wall but not removed the gatepost. She thinks cos their was one previously she has the right to put a new one up and drill more holes into my wall.
If she still refuses to remove the gatepost am I within my rights to detach it from my property. I might have to step on her land to do this.

peachyprice wrote: »

How so If her fence is 9ft, your land it 4ft higher?

Just to clarify to some people, the height of the fence from the ground on which it stands is approximatly 2.8m and from our side it is 2m.

Without sounding harsh, I'm only interested in my legal rights.

Thanks again

shaun_from_Africa

britstu wrote: »

If she still refuses to remove the gatepost am I within my rights to detach it from my property. I might have to step on her land to do this.

Yes, you are allowed to remove it provided that you do it causing as little damage as possible to their post and you must return the post or at the very least, ask you neighbour if they want it back.


You are legally entitled to enter neighbouring land in order to carry out essential maintenance on your property but if your neighbour refuses, you will have to apply for an access order from your local county court.
IMO, it would be best if you could do it from your land but if this isn't possible, do it from your neighbours land when they are not in.
Unless you cause any damage to their property, nothing much can come of this.

photome

britstu wrote: »

Thanks for the replies.
I have posted a letter (last night) asking for all items to be removed from my wall within 7 days. I also pointed out that she is breaking local planning laws as she doesn't have planning permission.
The council have been contacted so hopefully they will deal with the height issue.
Today I believe she has removed the fence post that was attached to my wall but not removed the gatepost. She thinks cos their was one previously she has the right to put a new one up and drill more holes into my wall.
If she still refuses to remove the gatepost am I within my rights to detach it from my property. I might have to step on her land to do this.


Just to clarify to some people, the height of the fence from the ground on which it stands is approximatly 2.8m and from our side it is 2m.

Without sounding harsh, I'm only interested in my legal rights.

Thanks again

given the difference in the height of the land your neighbour would probably get planning permission.

I assume you have fell out completely given that you have already sent the letter

powerful_Rogue

britstu wrote: »

The council have been contacted so hopefully they will deal with the height issue.

britstu wrote: »

Just to clarify to some people, the height of the fence from the ground on which it stands is approximatly 2.8m and from our side it is 2m.

In regards to the height issue, all sounds very petty to me. Fancy sending her a letter and then running straight to the council to report her.

I think id want a huge fence up if I had a neighbour that behaved in such a way as you have.