Next door neighbour has erected a large fence

Doozergirl

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?

The right to light exists. Both within planning legislation and without it.

glasgowdan

Regardless of who's responsibility it actually is, I'd speak to the council and blame it on the freeholder if the neighbour gets funny!

seven-day-weekend

silvercar wrote: »

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.

2m from ground level. If it is at the front of the property and/or less than 1m away from a public highway, it is only 1m.

Hedges have no formal height restriction.

Davesnave

The problem with a high fence, besides it possibly restricting light, is that it would have to be built very soundly not to become dangerous in high winds.

There's a reason for the 2m rule, and it isn't just about aesthetics.

edinburgher

That sounds very frustrating OP, 8'+ is a fairly antisocial height of fence to erect without consulting your neighbours (regardless of legality).

We spoke in person to our adjoining neighbour before putting up a new fence to replace the useless 2' one that was in place when we bought our house and made sure that they were ok with height, positioning and preparatory work etc.) I even went round to tidy up a few bits that our contractors scamped removing the steel from the old fence.

Land_Registry

If the property is in England or Wales then the registered details will rarely tell you who is responsible for a specific boundary. They may offer an indication but where they do it will be the register/filed deeds (if any) that do so. But a number of other factors may also come into play, not least your freeholders role in this specific case.

The Right (or left) side scenario has no basis in law.

As others have posted I would suggest researching the height issue with your LA's planning department. And checking your lease and or register/filed deeds to see what, if any, mention is made

If a discussion is then needed with the neighbour decide if that's for just you, you and your fellow leaseholders, the freeholder or a solicitor. Such matters are best resolved between neighbours but important the details and understanding from both sides are all shared and discussed - a lot of the time these things happen based on a lack of the wider understanding of what's relevant

pinkshoes

I would personally go round and see the neighbour, and say that you didn't realise she had gone and obtained planning permission for such a high fence, and please could you see a copy of the planning permission as you cannot find it online and the fence is blocking your light.

If she looks at you blankly, explain and ask her to take the fence down.

ScorpiondeRooftrouser

Was the fence that there before (the one with holes in) the same height? If they have simply replaced lattice panels with solid panels; they may have not considered a planning aspect.

ProDave

My understanding is a fence up to 2 metres high is permitted development. Higher than that, and it needs planning permission. So if you wanted you could report it to your council and ask their enforcement officer to look into it.

At 2 metres high, there is nothing you can do to demand it has holes in it for the view.

[Deleted User]

ScorpiondeRooftrouser wrote: »

Was the fence that there before (the one with holes in) the same height? If they have simply replaced lattice panels with solid panels; they may have not considered a planning aspect.

I'm not sure if it was the same height to be honest.

Does anyone know if the replacement of a lattice fence to a solid is a planning aspect?