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Fencing rules confusion
loveka
Posts: 538
Forumite
Our front garden has a picket fence running along the side boundary with our neighbour. It stops around 4 feet from the nest door neighbours house, and there is a gap- this used to have a hedge on the neighbours side, which the ( new) neighbour removed.
We want to replace the picket fence with a 6 foot fence, and continue it along the
unfenced part. We do not front onto a highway so I think there is no height limit.
The way the houses are built means that a bit of the neighbours house juts over what would once have been our land. So a window in his house has a view down our garden path. As we walk up our path (25 foot) we can see into this window. We want to attach a gate from our house which would block our view of the window. There would be around 6 feet between the window and the gate. The gate would totally be on our land.
We have lived here nearly 20 years, he has just moved in and has made our lives shell by bullying and threatening us. He built an extension without party wall agreement and destroyed our property, for which we are having to take him to court. We don't want to have to see him every day, hence why we want to fence our property. Also, we are selling because of him and the estate agent has said it all looks a bit 'open' so needs more privacy.
We don't necessarily want him to pay anything, and he will object to anything we suggest on principal. We need to build the fence on the boundary though, as the path ,which goes around the back of our house would be too narrow if we had the fence wholly on our side.
I understand I could serve a fencing notice on him, which he can object to. But can I fence off the unfenced bit without doing this? I know I need his permission to replace the fence already there. Thanks!
At the back he has also removed the hedge, and from our garden we can now see directly into their house, we can see, and hear, every moment of their lives! They don't have any curtains either, even in the bedrooms! But that's a whole other problem...
We want to replace the picket fence with a 6 foot fence, and continue it along the
unfenced part. We do not front onto a highway so I think there is no height limit.
The way the houses are built means that a bit of the neighbours house juts over what would once have been our land. So a window in his house has a view down our garden path. As we walk up our path (25 foot) we can see into this window. We want to attach a gate from our house which would block our view of the window. There would be around 6 feet between the window and the gate. The gate would totally be on our land.
We have lived here nearly 20 years, he has just moved in and has made our lives shell by bullying and threatening us. He built an extension without party wall agreement and destroyed our property, for which we are having to take him to court. We don't want to have to see him every day, hence why we want to fence our property. Also, we are selling because of him and the estate agent has said it all looks a bit 'open' so needs more privacy.
We don't necessarily want him to pay anything, and he will object to anything we suggest on principal. We need to build the fence on the boundary though, as the path ,which goes around the back of our house would be too narrow if we had the fence wholly on our side.
I understand I could serve a fencing notice on him, which he can object to. But can I fence off the unfenced bit without doing this? I know I need his permission to replace the fence already there. Thanks!
At the back he has also removed the hedge, and from our garden we can now see directly into their house, we can see, and hear, every moment of their lives! They don't have any curtains either, even in the bedrooms! But that's a whole other problem...
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Comments
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Any chance of a plan - it's hard to visualise.0
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Don't know how to do that!
But imagine walking up a garden path, their garden to the left. At the very end of the path, behind our porch which is on the side of our house, is a window of their house. Part of their house is behind our house.
There is a fence along the path, but the fence stops, so our path then just has their lawn beside it, rather than fencing. Simply, part of our garden path has no fence to the side of it.0 -
Referring to "imagine...our porch" doesn't help much either.
Draw a plan on your computer, upload the image to a file sharing site, and post the URL here.0 -
I think maybe I gave too much information.
I just wanted to know whether I am allowed to fence an unfenced bit between two gardens without his permission, and without issuing a fencing notice. Also if he can legitimately complain about a fence /gate 4 foot from his window.
I gave the details to try to answer questions I might get asked!0 -
Fast growing tree/shrubs. You can plant say mile a minute (you can almost see it growing this time of the year) right on your boundary..
Grow it in a pot/planter if necessary."If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair0 -
A fencing notice is what I am confused about! It is to be issued if neighbours in our situation can't agree about replacing/ paying for a joint fence on a boundary. It's a kind of 'well this is what I am doing whether you like it or not' notice. They then have 21 days to object. You can also force them to pay half using the notice, i.e. take them to court for the money they should have paid. I don't want him to pay anything necessarily, just not to have to look at him!0
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What is a 'fencing notice'?
A fencing notice is something that has been suggested to the OP as needed, but infact does not exist.
OP, don't erect anything ON your boundary, erect it 50mm to your side.
No one can say anything about such a fence provided it doesn't go over 2mtrsI like the thanks button, but ,please, an I agree button.
Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)
Always expect the unexpected:eek:and then you won't be dissapointed0 -
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If there are any windows that would loose light from a fence you would have to check on that issue...law of a right to light could apply in that incidence...no windows no problem if you erect it on your land as stated already...our move was spurred on by new neighbours that could not stop building works for years........nightmare really0
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