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Fence dispute

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  • Fence dispute

    On the 50 ft wooden fence boundary of my back garden with regular 6ft height panels held in place by concrete posts - which is on my property my neighbor has screwed down metal/plastic panels on his side of the fence and increased the height by about 18 inches. I now have no way of maintaining my fence on his side due to the plastic panels he installed, that he screwed into place without consulting with me. He also threw the off cuts of wood / batons he used onto my property. I have so far said nothing. No other neighbor on the estate has ever increased the height of their boundaries, and he has only carried this out on the fence that borders my back garden.
    Does anyone know:
    - is there a building reg. specified height for fencing in [eg] back gardens - they are sold generally at 6ft hgt to my knowledge
    - do I [or my agent] have the right to make & fulfill an appt. with a neighbour, enter his garden in order to maintain my fence boundary....and by law have enough room to do so? I assume if it blew down or rotted, the owner of the boundary fence is liable?
    - its unsure if he owns his house or if he is a HA tenant - does this matter?. He has been wholly ignorant since the day he moved in, one day I found him and his friends climbing over and sitting on the fence and demanding his ball back.

    Bar-B-Q party music / building/DIIY appliance noise he creates goes on till 11/12 at night. I say nothing for the sake of peace; but it actually stops me enjoying my own garden, and means I have to keep my windows closed; the more confidence he gets the worse he is, and he know has a toddler, God help...

    I don't know the neighbors names - can this be found out from the Council? Would a hand delivered letter giving him and his partner 14 days to remove the heightened cladding be a good idea? (I am tempted to cut off the overhanging/over height plastic panel with an alligator saw, but can for see things getting out of hand ! - I have alone, a disabled with long covid, a pensioner and he and his intimidating friends that are the exact opposite! !)

    Thank you - if this has come up before ...

    whatever, I will search the links
    Last edited by fence-issue; 28th July 2024, 11:50:AM.
    Tags: None

  • #2
    Have you checked whether planning permission would have been needed to increase height of fence?

    Comment


    • #3
      Thanks, didnt know back garden fences came under that, I thought it might be under building regs; i will try google on planning permission, n see what comes up, cheers

      Comment


      • #4
        Originally posted by wales01man View Post
        Have you checked whether planning permission would have been needed to increase height of fence?
        You are right - 6ft 6inches max for a back garden fence. https://planninghouse.co.uk/how-high...rden-fence-be/ - lower for other areas; good call; I can now also involve the Council

        Comment


        • #5
          The normal rule is that maximum height without needing planning permission is 2 metres (6 foot 6 inches) but local councils can vary that in their area. So contact planning and ask them. Is there a difference in ground heights between your ground level and neighbour's ? That can happen if the ground slopes or in old housing where different levels have come about over time. If you neighbour's garden is at a higher level to your his 2 metres is measured from his ground height, not yours.
          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

          Comment


          • #6
            cheers, the ground throughout is all of the same flat level and height

            Comment


            • #7
              One way to find out your neighbours' names is to knock on the door and introduce yourself.

              Once you have done that, it becomes a lot easier to have a civilised conversation. This can lead to problems being resolved easily and not getting out of hand.
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                I know my neighbours names one side nice guy other ahole who films me when i go out in car not someone you could talk to maybe the same for OP

                Comment


                • #9
                  Maybe, but you don't know until you try.
                  Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                  Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                  Comment

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