Neighbour extended height of my fence

Neighbour extended height of my fence

Postby Tomick » Sat May 13, 2017 6:35 pm

I have a 2metre close boarded fence that my neighbour has used the cross bars of to rest trellis on to increase the height. I have asked three times that the trellis should not be fixed to my fence and she has been clear to tell me the trellis is not fixed to my fence, merely resting on it and supported by her own uprights from a children's fort built in their garden but was built with parts along the fence line after our fence was installed (I did say when the fort was built that it would make it difficult for me to replace my fence in the future - she did not have a concern for this and as I did not wish to create a fuss (prefer to avoid conflict) I left it). I had the fence built smooth side to our house to prevent my children or their friends being tempted to climb it to peer over (plus I think it looks nicer), there were no children living in my neighbour's house at that time, now wish I had built it the other way around, which we cannot change because of the fort construction. Not sure where to go with this as I know it now exceeds the height permissible and it is only 1.5m from my bedroom window so will block a lot of light when the plants have grown in. My feeling is that although the trellis is not actually attached to my fence, she still is surely not permitted to rest it upon it? I wouldn't mind a slight increase in fence height to give her the privacy she says she requires but it is now almost 3m high and extremely imposing and not necessary to be that height to give her privacy. She says she does not want to see any part of my windows from her garden, just roof. I'm aware planning permission would be required to have a height over 2m and given how close it is to my bedroom I have been informed that pp would likely not be granted, but also wondering about why she is allowed to rest her trellis on my fence?
Tomick
 
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Re: Neighbour extended height of my fence

Postby MacadamB53 » Sat May 13, 2017 6:44 pm

Hi Tomick,

wondering about why she is allowed to rest her trellis on my fence?

she is not - unless you allow it.

Kind regards, Mac
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Re: Neighbour extended height of my fence

Postby despair » Sat May 13, 2017 6:55 pm

A Neighbour cannot:-

1) paint or stain or render your wall or fence

2) lean or pile or attach anything whatever to your fence or wall

3) grow ivy or climbing plants up your fence or wall

4) allow balls etc to be thrown or hit against your fence or wall

in short its your fence or wall and your property and all or any damage must be paid for
any argument from the neighbour ask them how they would like you to do same to their car or their fence or their house
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Re: Neighbour extended height of my fence

Postby Tomick » Sat May 13, 2017 7:11 pm

Thank you for your replies. It is a stressful situation so nice to get other perspectives. She says it is not fixed to it so she is not damaging my fence which would be the case if it was screwed in.

Please could you let me know where can I find a link to a law or Act that says:

"A Neighbour cannot:-

1) paint or stain or render your wall or fence

2) lean or pile or attach anything whatever to your fence or wall

3) grow ivy or climbing plants up your fence or wall

4) allow balls etc to be thrown or hit against your fence or wall "
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Re: Neighbour extended height of my fence

Postby Tomick » Sat May 13, 2017 7:20 pm

I did state that if any trellis was attached to my fence then I would wish it to be my trellis that I attached (which would have to be from her side) and that I want her trellis removed. Which was when she said it wasn't attached. It has been 4 days since our last conversation and the trellis is still there. I cannot remove it myself without access to their side and would worry that my removal of it would be trespass or criminal damage in itself, although I would only be unscrewing, not ripping it down, unless it was nailed in, in which case I cannot see how I could remove it without levering it away which could dent the wood.
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Re: Neighbour extended height of my fence

Postby despair » Sat May 13, 2017 8:10 pm

it its screwed or nailed to your fence ..ITS ATTACHED and your neighbour is in breach if the law
all you have to do is lean over and carefully remove it
providing your careful the neighbour has no claim against you
best to put things in writing though giving them 7 days to remove and make good all holes in your fence
before you attempt removal
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Re: Neighbour extended height of my fence

Postby Tomick » Sat May 13, 2017 8:26 pm

It is not attached using fixtures to my fence, it is screwed to her fort roof supports which were installed in-between my fence posts, but the bottoms of the trellis panels are resting on my fence cross bars, the screws to the fort are stabilising rather than securing.
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Re: Neighbour extended height of my fence

Postby despair » Sat May 13, 2017 9:05 pm

can you post a link to a photo
cannot picture this "fort " arrangement because if essentially she has installed a fence higher than 2 metres it needs planning permision
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Re: Neighbour extended height of my fence

Postby MacadamB53 » Sat May 13, 2017 9:47 pm

Hi Tomick,

if I was in your shoes and was dead set on making this an issue, I'd make sure she was aware that I'd expect her to contribute to a new fence in the event the trellis being there did cause damage to the fence or reduced the expected lifespan of the fence.

and leave it at that and get on with life.

Kind regards, Mac
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Re: Neighbour extended height of my fence

Postby mr sheen » Sun May 14, 2017 6:47 am

The issue here is what are you going to be able to do about it.
If the trellis is not attached to your fence then you cannot unattach it. If you push it over she is within her rights to contact the police alleging criminal damage and hence the matter will escalate and you may become worse off.
So......probably best to just live with it and concentrate on more important issues and living life.
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Re: Neighbour extended height of my fence

Postby Latranche » Fri Nov 03, 2017 11:06 am

I have a similar problem, my neighbour has erected a trellis which effectively raises the height of the fence to 8ft. My question is "is a trellis included in the permitted height of a boundary fence?"
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Re: Neighbour extended height of my fence

Postby MacadamB53 » Fri Nov 03, 2017 11:20 am

Latranche wrote:I have a similar problem, my neighbour has erected a trellis which effectively raises the height of the fence to 8ft. My question is "is a trellis included in the permitted height of a boundary fence?"
for the purposes ignore planning law a trellis is a fence, so an 8ft fence has not been granted planning permission by the latest GPDO and therefore is a breach of planning law unless a planning application has been approved or 4 years have elapsed since the fence went up.
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Re: Neighbour extended height of my fence

Postby jonahinoz » Thu Nov 16, 2017 10:03 am

it is screwed to her fort roof supports which were installed in-between my fence posts,

Hi Tomick,

To be pedantic, the ground between the fence posts is yours ... a good reason for having the posts on your side. But that's probably academic, as it would not be viable to pursue it in court, if simply pointing this out has no effect.

You could of course, tell your neighbour that you are prepared to lower your fence, unless she stops resting her trellis on it. I understand that she wants a high fence. Tell her she is entitled to erect her own fence alongside yours, on her own property, but will need PP if she wants to exceed 2 metres.

John W
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Re: Neighbour extended height of my fence

Postby ukmicky » Sun Nov 19, 2017 12:31 am

Please could you let me know where can I find a link to a law or Act that says:

"A Neighbour cannot:-

1) paint or stain or render your wall or fence

2) lean or pile or attach anything whatever to your fence or wall

3) grow ivy or climbing plants up your fence or wall

4) allow balls etc to be thrown or hit against your fence or wall "Pinting your fences


Why do you need a law to be shown to you ,its your property and your neighbour is not allowed to damage it. Its like your car if someone lent something against it and damaged it you can sue them for damages. The appropriate word however is damaged . Whilst you have the legal right to tell your neighbour not to lean anything against your fence or car ,in reality there is very little you can do about it unless damage is actually caused. Try to take them o court for simply leaning something against your fence and any judge this came before would not be a happy with you due to the trivial nature of the claim.

In the end they are allowed to place a trellis up to a height of 6.6 and providing that is not exceeded there is not a great deal you can do about it. It touching your fence unless it is causing damage will not get it removed using the law.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Neighbour extended height of my fence

Postby jonahinoz » Sun Nov 19, 2017 8:34 pm

In the end they are allowed to place a trellis up to a height of 6.6

Hi,

Can somebody clarify something for me, pretty please.

PD allows a fence up to 2 metres high.

But PD also allows a shed up to 2.5 metres high, which could be built very close to the fence. Would that same rule apply to a trellis which was not a boundary? Or would the trellis have to have a roof?

If the shed was an extension to the house, another set of height restrictions would apply.

Only asking.

John W
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