The Accidental Smallholder Forum
Growing => Gardens => Topic started by: HappyHippy on May 30, 2010, 03:16:38 pm
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My neighbours (who've been here for around 2 years) have all of a sudden erected a fence along the top of my wall (though not actually attached to it), blocking the only open view from my garden. The wall itself is at least 8ft high (it's the side of a building that also acts as a terrace on the land, their land is lower than ours) so the over-all height I'd say, exceeds 12 ft. I can see no legitimate reason for it to have been put up, other than to block the view - we're not hanging over the wall or anything like that ;) in fact, since the shed roof came down in the winter we've had fencing about 15ft away from the wall to stop the kids going near until we get the machines in to repair it all. Relations are somewhat strained, so it's not the kind of thing that's going to be reasonably discussed - so what would you do folks ? Apart from a chainsaw and a sledgehammer ;) ;D ;D ;D
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That s quite norty isnt it :o I d be speaking to the council maybe, perhaps they doing it just to be awkward, hope you get a good outcome :)
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Hi
If relations are too strained to just ask them what its for, perhaps you can write to them and ask if there is a particular reason for it?
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Hi,
You need to contact your the planning department at the local council - they are normally responsible for saying how high a fence can be. Fences aren't generally allowed to be more than 2 metres high but it does vary from place to place. The fence must be measured from the ground on their side of the fence so as their land is lower I guess this fence will definitely exceed the 2 metre rule. You could also check the deeds to your property to see whose responsibility it is to fence that particular boundary. The council can force them to take the fence down if its too high but I'm guessing that won't help the neighbourly relationship any!
Hope that helps,
Susie
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That fence does sound over height for a garden. Maybe they can be made to reduce it? As to a view, I do not think anyone has a "right to a view". Surely at that height it will take away light from your garden. I wonder why they wanted something so tall anyway?
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??? Oh dear...not sure a view is a legal thing????
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My worry was exactly that :( Blocking light or access I know IS a legal matter, too bad the view doesn't come under the same heading. I'm sure planning will have something to say on the matter though. ;)
It's funny how this is the second time they've pulled a stunt like this when I'm just 2 weeks away from giving birth ::)
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found this
Gates, walls and fences do not require Planning Permission or Building Regulation approval if:
They are no more than 2m high.
or
If they adjoin a highway, no more than 1m high.
Although Building Regulations do not apply, remember that you may be liable if members of the public suffer damage from the structure. So the structure must be structurally sound and maintained. Barbed wire below 2 metres is not a good idea adjacent to a highway, nor are spikes or broken glass embedded along the top of a wall.
Hedges are not covered by planning permission. However, the local Highways Authorities do place the responsibility on property owners to ensure that hedges and trees do not overhang public walk or road ways or obstruct street lights. There should be nothing overhanging a walkway or pavement adjacent to the boundary of a property, to a height of 2.3m (7ft 6in), and for a carriageway, and the area immediately adjacent for a distance of 0.45m (1ft 6 in), there must be not vegetation below 5.2m (17ft).
You could allways try arguing that it's height is tall and it is unstable, it could fall if knocked by a child or animal? hence a safety issue
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I think you need to contact your lawyer, Karen. No point in giving yourself extra worry when you are about to give birth - not good for the baby. Look after yourself!
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Thanks Cameron, alas it's a very sturdy and secure fence. It's actually a really nice fence - I'd just rather be looking out at open countryside :(
Annie, don't worry I don't really DO stressed (my tolerance levels are WAY to high for that - comes from all the years of dealing with Kaitlin ;)) as my parents are the house owners I'm leaving them to go down the 'official' route with planning, lawyers etc - I'm staying calm and relaxed, and well out of it ! 8)
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Sounds to me like you're being very sensible. It does seem an odd thing to do putting that fence up. Good luck with it.
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Hi happyhippy sorry you're having such hassle. You need to contact your planning enforcement dept. You have no legal right to a view I'm afraid but if the fence is above 2 m high they will be asked to reduce it. Happened to a friend of mine and the neighbour had to lower it. That being said neighbourly relations have been somewhat frosty since I hear.. Good luck try not to worry too much you need to rest and look after yourself thus close to your baby arriving.
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or one of these might come in handy
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Ok Cameron what's with the beaver? Good with dams not sure on fences but hey who knows..
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My uncle had a family of beavers living in his river (granted this is in America), that chewed through a wooden fence when it was put up in their path, so that was my reasoning ;D long shot but you could have said ruining animal habitats ;)
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I like your thinking Cameron ;D ;D ;D I suppose we're quite lucky that we've got an otter that lives by our pond, I'm sure he's protected by all kinds of legislation ;)
Planning seem to be very interested in coming up to see the fence - we'll just wait it out ::) (Slowly slowly catchy monkey, is the expression I think ;))
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Lateral thinking Cameron I like it hope tjey can get something done for you HH
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Any further forward ?
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lol ! Cameron it's the council we're dealing with here ::) Not expecting to hear anything for a while - but the planning officer's been out for a look so will let you know as soon as I know.
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I don't think your lawyers will be able to help you - there is something called the law of nuisance which says people cannot use their land or do anything on their land that interferes with your use or enjoyment of yours. However the courts have said they do not consider blocking a pleasant view as a nuisance - so you wouldnt get anywhere with a court action against them.
So you are right to have gone down the Council route - good luck with it! Hopefully they will say it is unnecessarily and unreasonably tall and make them lower it to 2m max.
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Take 2 photographs 1 in Summer and 1 in winter. Get them blown up on vinyl and stick it on a board and hang the board on the fence.
Cheaper in the long run than going down the solicitor road :D :D
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I had thought of that Castle farm ;D ;D ;D
I've gotten used to it being there now, and since we've taken away an old portacabin I've got a bit of the view back now so I'm not actually that bothered about it anymore.
Think I'm going to use the fence to my advantage though and move my chickens over beside it and use it as a side to their run. This will allow me to expand the run and increase my wee flock significantly, I'll even be able to get a rooster ;) ;D
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Hope it's close enough to your neighbours to annoy them then, Karen - a little bit of tit for tat feels really good!
Like how I felt when I sold my house in a week and the old grumpy thing who bought my old one next door and shouted at my dogs for barking at him took a year and half to sell it - great feeling of come uppance.
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Who me ? I would never do anything like that - honest ! ;) ;D ;D ;D
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Who me ? I would never do anything like that - honest ! ;) ;D ;D ;D
No, but I could buy the girls a cockerel as a birthday present ;) ;) ;) ;D ;D ;D
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Trying to be unbiased here. Something you have to bare in mind is, what about your neighbours view? from your pics it does look a bit like a building site and you also mentioned an old portacabin. Once all your building work is done maybe they will take the fence down anyway. It's a shame to fall out over this, you probably need to talk with them or have them over for a barbecue. These small feuds can go on for years otherwise. Good luck
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I know what you're saying Lazybe, unfortunately relations aren't great anyway :-\
When my folks sold them the house things were fine - but after disputes over boundaries and them making alterations to shared services without permission things have soured somewhat.
But back to the point lol! Our land is higher than theirs, they never had a view in that direction - only a 10 ft high wall. If the fence had been put in front of the wall I could understand, it's roughcast so not the prettiest thing to look at. But it was put on top of the wall, and at a time when they thought we were all away on holiday (despite the fact they've lived here for 2 years now) and I can see no point to it whatsoever - other than to p**s my mum off. The heras fence panels do make it look like a building site lol! It's actually my garden, but we had to fence off a part of it after some storm damage to stop my autistic daughter hurting herself - since I was pregnant at the time I wasn't able to fix it. But like I said before - they couldn't actually see into my garden in the first place.
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Pity I gave Jamie away - you could have had him!
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i've got a nice selection of cockerals u could have your pick of, going from silkie, sussex, and a little bantie that got dumped. all foc of course ;D
mandy
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i have two aswell, just starting to crow, ;D ;D
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I got one in with my light sussex hens ;D (he's not that loud though ;)) and the fence makes a perfect windbreak for the side of their run - silver linings and all that ;) ;D
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Hi there ... I haven't read all the posts in your thread so I might be repeating something someone has already said here but recently I have been looking into my boundry walls as I am hoping to change them slightly. From what I understand a boundry wall can be upto 6.5ft either fence or wall but no higher .. it's also much smaller that this if it is at the front of the property.
Try these
http://www.boundary-problems.co.uk/
http://www.gardenlaw.co.uk/boundaries.html
Hope this is of some help :)
Sam