Neighbour being awkward over new fence

MikeL93

ThisIsWeird said:

gwynlas said:

Personally as  you have already informed him of your intentions I would go ahead and replace the 2ft fence with a 4ft fence using exactly the same route.
If it proves inadequate for privacy you could add a trellis top or tall planting.
This would retain the marked boundary line and prevent arguments in the future should a new owner choose to remove 2ft fence and rely on your new fence as boundary.
If anything an attractive fence and your maintained garden would be an asset to his beneficaries sale in the future

Yes but no but...
I agree - that would be the preferred outcome, for both parties.
However, if that current fence is shared or 'party', the neighbour has as much say as the OP. So, should Mike find that 4' ain't enough, and want to stick a trellis on top, the neighb can say, 'non'.
It really comes down to how Mike thinks this neighb is going to be. He reckons the neighb is now grudgingly accepting of 4', so it should be pretty safe to replace the existing as you suggest.
However, if Mike judges the fellow could be a problem, then he knows what to do - take full ownership of the new fence.

Hypothetically if I just put a new fence on my side, say I erected a 5 or 6 foot fence could my neighbour complain to the council saying it is blocking his light? 

MikeJXE

If it was me I would leave the existing fence as it is and erect a new fence on my own land 

That way he could not complain. 

5’ would be good but panels that size would probably cost more than either 4’ or 6’ 

I don’t think anyone has a right to light 

ThisIsWeird

MikeL93 said:

ThisIsWeird said:

gwynlas said:

Personally as  you have already informed him of your intentions I would go ahead and replace the 2ft fence with a 4ft fence using exactly the same route.
If it proves inadequate for privacy you could add a trellis top or tall planting.
This would retain the marked boundary line and prevent arguments in the future should a new owner choose to remove 2ft fence and rely on your new fence as boundary.
If anything an attractive fence and your maintained garden would be an asset to his beneficaries sale in the future

Yes but no but...
I agree - that would be the preferred outcome, for both parties.
However, if that current fence is shared or 'party', the neighbour has as much say as the OP. So, should Mike find that 4' ain't enough, and want to stick a trellis on top, the neighb can say, 'non'.
It really comes down to how Mike thinks this neighb is going to be. He reckons the neighb is now grudgingly accepting of 4', so it should be pretty safe to replace the existing as you suggest.
However, if Mike judges the fellow could be a problem, then he knows what to do - take full ownership of the new fence.

Hypothetically if I just put a new fence on my side, say I erected a 5 or 6 foot fence could my neighbour complain to the council saying it is blocking his light? 

No. But if you don't need the 5 or 6, then it would be neighbourly of you to keep it as low as serves your purpose.
Actually, that ain't 100% clear cut, because the land levels are different; I understand (but please have it confirmed) that the fence height should be measured from the lowest ground level side, so a 6' fence on the higher ground could be considered as 7' on his side, which would be 'too high'. However, if this is fully your fence, fully within your land, you probably have more control over this. The good news is, it would appear that 5' at the most should give you what you require.
The only Q is - how to achieve this! It all comes down to how agreeable you reckon he'll be. 
Remember, if the existing fence is generally accepted as being 'party' or 'shared' (Ie, neither of you is going to pay to have land surveyors try and determine it more accurately - and the outcome might not be what you want in any case!), then 'party' means 'equal ownership and rights'.
So, you fit the 4' fence with his somewhat reluctant agreement. That's fine. Unfortunately he now likes to stand next to the new fence when he smokes, and half his head is constantly visible! Grrr. So you add a 1' trellis which he doesn't agree to. He takes it down. What do you do?

ThisIsWeird

Albermarle said:

kempiejon said:

I thought fence ownership was a deeds thing? At our places 3 gardens border 2 of my fences so when some neededd to repair I was pleased the easier was my responsibility, however it meant my neighbours can just let theirs fall down. My fence had a T on the plans pointing into my garden for ones I fix. I can imagine it being a pain to have a party fence (apparently an H on the plans) if one had to chip in whenever the neighbour wanted to repair or vv.

Some deeds do not have these symbols on them .

And - amazingly (to me) - these T marks are effectively meaningless unless accompanied by written instructions in the deeds as to their meaning.
I was thoroughly debunked of my previous assumption regarding these T marks on another forum.

MikeL93

ThisIsWeird said:

MikeL93 said:

ThisIsWeird said:

gwynlas said:

Personally as  you have already informed him of your intentions I would go ahead and replace the 2ft fence with a 4ft fence using exactly the same route.
If it proves inadequate for privacy you could add a trellis top or tall planting.
This would retain the marked boundary line and prevent arguments in the future should a new owner choose to remove 2ft fence and rely on your new fence as boundary.
If anything an attractive fence and your maintained garden would be an asset to his beneficaries sale in the future

Yes but no but...
I agree - that would be the preferred outcome, for both parties.
However, if that current fence is shared or 'party', the neighbour has as much say as the OP. So, should Mike find that 4' ain't enough, and want to stick a trellis on top, the neighb can say, 'non'.
It really comes down to how Mike thinks this neighb is going to be. He reckons the neighb is now grudgingly accepting of 4', so it should be pretty safe to replace the existing as you suggest.
However, if Mike judges the fellow could be a problem, then he knows what to do - take full ownership of the new fence.

Hypothetically if I just put a new fence on my side, say I erected a 5 or 6 foot fence could my neighbour complain to the council saying it is blocking his light? 

No. But if you don't need the 5 or 6, then it would be neighbourly of you to keep it as low as serves your purpose.
Actually, that ain't 100% clear cut, because the land levels are different; I understand (but please have it confirmed) that the fence height should be measured from the lowest ground level side, so a 6' fence on the higher ground could be considered as 7' on his side, which would be 'too high'. However, if this is fully your fence, fully within your land, you probably have more control over this. The good news is, it would appear that 5' at the most should give you what you require.
The only Q is - how to achieve this! It all comes down to how agreeable you reckon he'll be. 
Remember, if the existing fence is generally accepted as being 'party' or 'shared' (Ie, neither of you is going to pay to have land surveyors try and determine it more accurately - and the outcome might not be what you want in any case!), then 'party' means 'equal ownership and rights'.
So, you fit the 4' fence with his somewhat reluctant agreement. That's fine. Unfortunately he now likes to stand next to the new fence when he smokes, and half his head is constantly visible! Grrr. So you add a 1' trellis which he doesn't agree to. He takes it down. What do you do?

Honestly, we know that a 4 foot fence would be more than adequate for us. Our neighbours on the other side have a 4 foot fence between us and we feel like that is ample privacy, so this will be the same with this guy but because our house is higher than his we will have a bit more privacy even if we can still see his head.

The main reason for the higher fence is due to the layout of our street and houses, if anyone stands on the road outside our neighbours house due to the current really low fence they can see right into our garden. But if said 4 foot fence is erected then they wont be able to.

ThisIsWeird

MikeL93 said:-

Honestly, we know that a 4 foot fence would be more than adequate for us. Our neighbours on the other side have a 4 foot fence between us and we feel like that is ample privacy, so this will be the same with this guy but because our house is higher than his we will have a bit more privacy even if we can still see his head.

The main reason for the higher fence is due to the layout of our street and houses, if anyone stands on the road outside our neighbours house due to the current really low fence they can see right into our garden. But if said 4 foot fence is erected then they wont be able to.

That sounds good. In which case, in your shoes, I'd do the same - replace the existing fence with an agreed 4-footer. 

Keep all your receipts so you can demonstrate - if ever needed - that you bought it all. Do you have CCTV out t'back? That could, er, capture the conversation you have with him where he agrees to this? If so, download and store securely.

It should all be fine.

I can see the worst case as being that you realise later it ain't enough, but the easiest solution then - if the neighb refuses any increase - would be to add 1' taller posts on your side, tight against the current posts, and suspend 1' trellis between them - ie, completely separate from the 4' fence, and fully on your side. Plant some climbing plants against it - make it a lovely green feature.

twopenny

Grow some plants that go a foot higher than the fence so you don't get his head.

I've done this with a pink flowering jasmine (a cheaper one, mine from Morries) that grows upwards like mad but not out and I trim the top squarely.

I need to block view where people have massive houses and put attic rooms then put them on AirB&B.

I get privacy, the birds and bees like it and it's minimal work.

Bishenden

Is an option a new fence but add a topper.  That way you will have height, more privacy but they will not feel too enclosed. 

The most important thing is not to start a war with neighbours.  Especially with a new family.  It is not worth the stress. 

WalshSall

Agree with the trellis topper option.

twopenny

I've got the trellis on top of 4ft making it 6ft.

It lets the wind through so less chance of damage in gales.

Where I haven't grown plants I staple a screening fabric over the trellis in parts to give me and my neighbour privacy. Comes off in winter.