Advice please regarding fence

showgirls

Hi everyone,

We have recently moved in to a council property with the intention to buy as our first home next year. This means that the council still own the property and gardens until then.
When we took over the property, the housing officer and health and safety chap from the council said that since we have children, they need to put up a 4ft fence along the edge of our garden as the drop into the neighbours garden is a health and safety issue. We are happy with this as our garden is really open and there is no privacy whatsoever from both sides.
Here's the problem, I got chatting with my new neighbour and he said that he'd had to tell my little boy to stop leaning over the wall to stroke his dog incase he fell. I informed him of a fence being erected soon that will solve this, as no matter how many times I tell the children to keep away from the wall, the dog jumps up attracting them to her
The neighbour then told me that if a fence goes up, he will rip it straight down as he is entitled to the right to light.
The side of the house that the fence will be placed is next to his little walkway into his back door which leads into a little outhouse. I believe they have a tumble dryer in there but thst is all. It wouldn't be blocking any light into the kitchen as, like ours, the kitchen window faces the back garden.

I have tried to add a link to a picture but it is saying as a new user, I cannot do this


Does anyone know what my rights are here? I don't want to fall out with the neighbours but it seems so petty when it's obviously hazardous to my children.

I rang the housing officer who said that nobody has the right to light and that if my neighbour proceeded to knock it down, it will be criminal damage. I'm reading conflicting stories on the net so am unsure about who is right.
Might I add that my neighbours have bought their property.

Thanks in advance.

TheCyclingProgrammer

The housing officer is correct insofar as regardless of your neighbours claim to a right to light, any attempt to remove a fence installed on the councils property would be criminal damage.

You say you want to get on with your neighbours but they don't sound like very nice people. Civilised people try and resolve matters like this civilly, not by issuing threats.

It sounds like this is more of the council's problem. Your neighbour should take his complaint to the council.

Annie35

It's going to be your HA's problem, not yours really. They'll just come back & put another one up wont they & probably bill him.

If you were worried about a dispute could you ask the HA for a trellis fence?

rach_k

Although I realise it's not what you're asking, as a parent I would say that your children shouldn't be outside unsupervised until they are old enough to follow instructions, particularly ones relating to safety and not bothering the neighbours.

As a home owner, I'd say just let the HA get on with sorting out the fence asap. It will be their fence so just report any damage to it to them and let them sort it out. Hopefully, by the time you buy the property, the neighbour will be used to it and will have been well-schooled in his (lack of) right to light and the fact that he can't take down a fence on your property. If you want to maintain good relations with the neighbour, do a very British shrug and roll your eyes when it's mentioned... "'Elf and safety gone mad but what can you do? The HA say it has to go up so go up it must." Then hope they forget about it by the time you own the house.

loveka

If the fence is wholly in your garden he can't do thing, and if he does it is criminal damage.

J_B

showgirls wrote: »

I have tried to add a link to a picture but it is saying as a new user, I cannot do this .

Just put the link up but delete the https and the www at the beginning, then someone can add it for you.

GDB2222

If possible find a compromise, as it's always best to get on with neighbours. In this case, a mesh fence (like round tennis courts) would keep your children safe, whilst not impeding your neighbour's light.

showgirls

Thank you for your responses so far.

My children are 7 and 8 years old. Our garden runs alongside their walkway in which their dog jumps up barking for attention throughout the day, as kids, they cannot help but have the odd stroke. They aren't a nuisance to the neighbours at all, it's the drop that worries us the most.

Here is a link to a picture I uploaded. Could someone add it for me please.

I am just worried he knocks it down, as the privacy and safety is very much needed.

/imgur.com/a/XtnXX

PasturesNew

rach_k wrote: »

Although I realise it's not what you're asking, as a parent I would say that your children shouldn't be outside unsupervised until they are old enough to follow instructions, particularly ones relating to safety and not bothering the neighbours.

I'd say this. When people have their random children leaning over fences and being a nuisance it's annoying. As he has a dog you need to make doubly sure the kids aren't annoying it, else it might bite and then you'd wail and have the poor innocent dog put down.

Gardens aren't "free to roam" spaces for your children if they're not being supervised.

How would you feel if the dog took your kid's fingers off?

The kids should be ignoring the dog; then he'd stop barking once he's used to them/being ignored. "Anything could happen"

NeverInDebt

showgirls

Sorry I can't work out how to quote a reply on here.

PasturesNew, I find your response quite judgemental in regards to how my kids are looked after and how you put first the safety of a dog before a human!
Why is it that people like you prefer to find a way to attack someone rather than keep at the subject in hand?

My children are 7 and 8. Both are supervised when playing in the garden but I am a working mother and have household chores to catch up on the weekend so cannot observe constantly. We chose this house for the garden so the children had somewhere safe to play outdoors in the summer. My children should be able to play on their own garden safely without me worrying that a dog may attack them.
It was noticed that the wall and drop was a health and safety issue in regards to the children falling so a fence was to be put up, but you are suggesting that the dog has more rights than the children lol. The dog barks and jumps up all day long, at my cats, at us and at the kids, a fence will solve that problem, without it, it's an accident waiting to happen.

So, the wall is being put up just behind the brick wall, it will be 4 foot. Does my neighbour have the right to pull it down?