neighbours installing new boundry fence

jen49

So neighbours next door have decided to have new fence panels they have incresed the height of the fence to 5 foot from 4 foot with but the problem is the gravel boards that the fence panels rest on making the 6 foot height, okay, but their garden has been raised so the grave boards were not actually visible on their side but we could see the complete depth of them, the fencing people are raising the gravel boards to the level of their garden then putting the panel atop using bricks underneath to get the height.

My questtion is do I suck it up and put up with the gap and bricks  or should the gravel boards be put where they were originally. They have also rested 2 of the gravel boards on my  patio flags to get the level but have broken 3 of them in the process (before the flags went to the gravel board not under, they have also brought the fence about 3 inches further onto my property.

Trying to sort amicably with owners and fence people but not getting anywhere 

Bradden

It doesn't sound right.. a picture would help. There shouldn't be gaps under gravel boards but they should be used to retain soil either.. they tend to break.

moonpenny

My next door neighbours land is higher than mine so I have 2 gravel boards and then fence. The bottom gravel board holds the soil back (next door) so they will only see the top of the first board and then the full second one on top

Their garden  levels off about 3 fence panels down but needed to do it this way all the way down to look right.  You have to make sure the posts are long enough for the height and weight of the finished fence.

I paid for and installed the fence so no problems with neighbours!

ThisIsWeird

Hi Jen.
If your neighb is replacing this fence, does that mean that, according to your respective deeds, they have 'responsibility' for it?
If so, then the fence should be fully on their side of the (invisible) boundary line. So why is some of it sitting on your patio?! Is the fence coming over the known boundary to your side, or is your patio going over the line to their side?!
What fence was there before? Does the new one follow the exact same line?
Anyhoo, a few facts about fences;
1) Unless the deeds specify in writing that a homeowner 'must' erect and maintain a physical fence, then no-one is obliged to do so. Even if the deeds say they 'must', in practice it would likely be tricky to force them to. So, in reality, almost everyone puts up a fence because they, themselves, want one, and because it's the 'right' thing to do.
2) There are rools to do with fencing, such as a typical max height of 2m, and that the owner of a fence should have it fully on their land (unless it's a 'party' fence). In practice, all sorts of variations to this can occur, and most folk just shrug.
3) There is no standard of quality that needs to be met. You could have each panel a different style and colour, or just a wire fence, or even no fence (unless you need to keep kids and animals in).
So, what's happening in your case? They may be coming over the boundary, and certainly are if your patio is fully within your land - it just should not be sitting on even the edge of your patio, and certainly shouldn't have caused damage to it. The use of bricks to support the gravel board is also pants, and these shouldn't be coming over the 'line' either. And, I think that the max 2m height is measured from the lowest level, which is your side - so what's the height on your side?
Is this a 'proper' fencer doing this, or being DIYed by your neighb?
What to do? It all depends on how much hassle you want, and whether you have Legal Protection included in your house insurance - because taking, or threatening, legal action without this could be fraught.
So, what outcome do you want? If you are certain you know where the actual boy dart line lies, and that they have clearly crossed over this, then you can 'force' them to move it over their line.
If you are certain that your patio is fully within your land, then they have caused 'trespass, criminal property damage', whether intentionally or not, so - again - you can force them to fix it, or else get it fixed yourself and due them for the cost.
If the height is clearly more than 2m, then you can report them to 'Planning' at your LA, and they might intervene, and force them to apply for 'retrospective' PP, which they may get.
If you don't like looking at two stacks of gravel boards, then tough. If you don't like the style of fence, then tough. The solution would be to screen it off on your side.
That's an overview It really comes down to what you want to do.

jen49

jen49 said:

So neighbours next door have decided to have new fence panels they have incresed the height of the fence to 5 foot from 4 foot with but the problem is the gravel boards that the fence panels rest on making the 6 foot height, okay, but their garden has been raised so the gravel  boards were not actually visible on their side but we could see the complete depth of them, the fencing people are raising the gravel boards to the level of their garden then putting the panel atop using bricks underneath to get the height.

My questtion is do I suck it up and put up with the gap and bricks  or should the gravel boards be put where they were originally. They have also rested 2 of the gravel boards on my  patio flags to get the level but have broken 3m of them in the process (before the flags went to the gravel board not under, just had another quick look and it seems to be 3 inch or so within the boundary line 

Trying to sort amicablywith owners and fence people but not getting anywhere

here’s the photos they have done atm 

ThisIsWeird

That's shoddy, tobesure.

If your neighb is replacing this fence, does that mean that, according to your respective deeds, they have 'responsibility' for it?
If so, then the fence should be fully on their side of the (invisible) boundary line. So why is some of it sitting on your patio?! Is the fence coming over the known boundary to your side, or is your patio going over the line to their side?!
What fence was there before? Does the new one follow the exact same line?

propertyrental

Who erected and paid for the previous fence? If you, then that fence was yours and they should not remove it.

Was the old fence

a) on your side of the boundary?

b) on the boundary line or

c) on their side of the boundary?

Do either your or their title deeds have any restrictions saying one or other of you must maintain the fence? Or that the fence should be no more than Xm?

Note even at 6ft that is within the Planning rules allowing up to 2m in height.