Neighbour dispute

kerryann0

My neighbour notified me that they intend to erect a 6ft fence on the boundary line on their side running along the side/between our properties. Only issue is, my entrance door into my property is at the side (Just like every property on my road) and by the doing this would only leave me with about 94/98 cm clearance of getting in and out and would also take away any natural light that I do have. Can they do this? as it would be like being barricaded into my property.

Aylesbury_Duck

I think they can, unless the deeds state otherwise.  I believe a 6ft fence is allowed without permission and if they're erecting it on their own land, I can't see how you can reasonably object.

From your description, it sounds as if you trespass on their land to access your door?  If you don't, then the fence isn't going to make it any more restrictive to access the door.

renegadefm

6ft sounds high when it comes to a fence, but imagine it to a 6ft person,  it wouldn't be enough to block the sun out. But make sure they install the fence on the official boundary cause at the moment it sounds like you have been sharing their space aswell, hence why they could be erecting the fence. 
Silly question have you tried to reason with them? 

Aylesbury_Duck

Just checked.  Two metres is the permitted maximum height (which is more than six feet) unless the fence borders a road or public footpath, in which case it's one metre.

Mojisola

kerryann0 said:

My neighbour notified me that they intend to erect a 6ft fence on the boundary line on their side running along the side/between our properties. Only issue is, my entrance door into my property is at the side (Just like every property on my road) and by the doing this would only leave me with about 94/98 cm clearance of getting in and out and would also take away any natural light that I do have. Can they do this?

Check the deeds of both houses.  It's likely that you have a right of way over their land to allow access to your door.

MoneySeeker1

Bear in mind that, if you have been using a part of the neighbours land illicitly (eg achieving access with, say, 2' of the space used being yours and 1' of the space used being theirs) and you try and block them now from stopping you using their space - then they are perfectly in the right - as you shouldnt have been using their space anyway.

If this is what has been happening - and you try and turn it "official" claiming use of some of their space - then you've got a "neighbourhood dispute" on your hands that you will have started - and that would come up if you were to try and sell your house in the future.

kerryann0

I haven’t been using their land to gain access but to get the pram in and out of my house, having a fence  put there with cause me issues. When they park in their drive and get out of their car they sometimes step on my path. 

Its more to to fact that it will be a high fence which will enclose my pathway into even more darkness then it already is. There is nothing there at the moment and they have moved it wanting to put a huge fence up against my door.

Aylesbury_Duck

kerryann0 said:

I haven’t been using their land to gain access but to get the pram in and out of my house, having a fence  put there with cause me issues. When they park in their drive and get out of their car they sometimes step on my path. 

Its more to to fact that it will be a high fence which will enclose my pathway into even more darkness then it already is. There is nothing there at the moment and they have moved it wanting to put a huge fence up against my door.

How will a fence cause access problems if you're not currently using their land anyway?  Surely if you can get the pram in and out by only using your property a fence won't make any difference?

You need to check your deeds (which are probably similar to your neighbour's).  If there's nothing in there preventing them from erecting a fence, they are permitted to put one up on the boundary (with posts on their land) up to two metres tall.  Six feet is short of that, admittedly not by much.

As advised above, it's in both parties' interests to solve this amicably but ultimately, I suspect you have no say in the matter.

kerryann0

renegadefm said:

6ft sounds high when it comes to a fence, but imagine it to a 6ft person,  it wouldn't be enough to block the sun out. But make sure they install the fence on the official boundary cause at the moment it sounds like you have been sharing their space aswell, hence why they could be erecting the fence. 
Silly question have you tried to reason with them? 

Yes we have and at first the said they were putting up a low fence but when they had a company come round to quote it then became apparent it was a 6ft fence. Why did they feel the need to lie in the beginning. It was one excuse after the other rather then saying out right what the problem is. This has all started since I offered to pay for the rest of the fencing to the rear of the house to be finished off because of their child is fearful of dogs. And I cannot be in my garden all the time. So I took down a tree in my garden so the garden could be fenced so she wouldn’t see my dog. That was an issue and didn’t want me to pay as it’s their fence. Now they want to put a 6ft fence at the front of the property which will cut out any light to the side of my property. The light there is an issue already let alone them putting a tall fence there. 

kerryann0

Am I wrong for what I am saying here or do I still not have a leg to stand on. A 6ft fence along the green line. 

renegadefm

kerryann0 said:

Am I wrong for what I am saying here or do I still not have a leg to stand on. A 6ft fence along the green line. 

Definetly check the deeds because that would make it impossible to carry anything large in there like a sofa or fridge freezer. I wouldn't wait until they build it. Check with Citizens advice