Next door neighbour has erected a large fence

[Deleted User]

Hi all,

I wondered if anyone can help please before I approach my neighbour.

She woke me up the other morning and stated she was putting us a new fence up.I just thought oh OK sounds great thanks. Unfortunately it is about 8ft high and blocks all my sunlight and view and is completely solid.(it replaced a fence that had holes in to let light through etc(sorry it WAS like a fence with lots of diamonds in)

I believe I am responsible for the RIGHT of my propertys fence.Is that as we look at the building or when I am in the building?

Also this is a leasehold property(3 flats and I am not the freeholder).

Can anyone advise please?

silvercar

Your deeds tell you who is responsible for which boundary.

Even if it is not your neighbour's boundary, there is nothing to stop them putting up a fence on their side of the boundary line.

Though 8ft does sound high. I wonder what height would require planning permission.

Doozergirl

Read your deeds, but they usually cover maintaining the boundary line, not a fence. Anyone can own a fence if they pay for it and you have just allowed her to replace the one that iwas there.

However, planning permission is required for fences over 2 metres in height and so you complain on that basis, either to her or the planning office. Always better to speak to the neighbour first!
https://www.planningportal.co.uk/info/200130/common_projects/20/fences_gates_and_garden_walls

[Deleted User]

I appreciate the comment that I allowed her but as I don't own the property the freeholder does surely she should have gone through other channels.

Being woken up at 8am and being offered a new fence sounded great at the time...

AdrianC

"Your garden" is the garden to three flats? Is it exclusively within your lease? If not, then this is your freeholder's problem, not yours.

Broadly speaking, though, you have no right to light. As a rule of thumb, fences are accepted as being up to about 2m high - just shy of 7ft. Have you actually measured this one to "8ft", or is that a guess?

G_M

If the garden is included in your lease, then clearly you have an interest, though so does the freeholder.

If not, then the freeholder has sole interest.

However a breach of planning law (which appears to be the case if your measurement is accurate) can be brought to the attention of the Planning Dept by anyone.

However as pixie said, it's always preferable if possible to resolve things amicably, so another chat with neighbour might be a way forward, eg saying you hadn't ralised just how high her new fence would be.

On the other hand, since she's already paid out for the fence and installation (maybe considerable cost?) she's unlikely to be keen to rip it down and pay for a new, lower one - so your chat may not get anywhere other than to make clear who tipped off the Planners when they come knocking later......

[Deleted User]

AdrianC wrote: »

"Your garden" is the garden to three flats? Is it exclusively within your lease? If not, then this is your freeholder's problem, not yours.

Broadly speaking, though, you have no right to light. As a rule of thumb, fences are accepted as being up to about 2m high - just shy of 7ft. Have you actually measured this one to "8ft", or is that a guess?

It is basically a front drive that we park three cars on that leads to a footpath and highway(not a garden as such).It is shared between the three flats. Yes it is 8ft 2" and the structure of the fence backs onto our property(ie I can see the posts my side of the property) It is also a semi detached property.

Yes I do believe my freeholder will deal with this but at my expense through the service charge I expect.

AdrianC

Deleted_User wrote: »

It is basically a front drive that we park three cars on that leads to a footpath and highway(not a garden as such).It is shared between the three flats.

So definitely the freeholder's problem, as that space is very unlikely to form part of any of your leases. You are using the freeholder's land with their permission.

Yes it is 8ft 2"

Planning permission almost certainly required, then.

and the structure of the fence backs onto our property(ie I can see the posts my side of the property) It is also a semi detached property.

Both utterly irrelevant.

Yes I do believe my freeholder will deal with this but at my expense through the service charge I expect.

Of course. The costs in managing the property come back to the leaseholders.

G_M

Who is th freeholder? One of the flat residents? An individual who does not leve there/ow a flat? A big corporation?

Makes a big difference to the sort of charges that might get passed on to the leaseholders....

I'd go the Planning route. Let the Planners pick up the cost of enforcing planning law........eg

https://www.milton-keynes.gov.uk/planning-and-building/planning-enforcement-process

[Deleted User]

The deeds from the land registry just have a line around the area where the fence is and have separate lines for each car park space for each flat. i.e. flat 1 parks here and flat 2 parks there etc..

[Deleted User]

G_M wrote: »

Who is th freeholder? One of the flat residents? An individual who does not leve there/ow a flat? A big corporation?

Makes a big difference to the sort of charges that might get passed on to the leaseholders....

I'd go the Planning route. Let the Planners pick up the cost of enforcing planning law........

It's the dodgy one in Southend unfortunately. I know you know who it is GM.