new neighbour

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new neighbour

Post by dclous » Sat Mar 05, 2005 5:40 pm

Advice please my new neighbour has decided to order and has received a load of fences and concrete posts ready for changing a current fence that is in situe at the back of my property. I had an idea this was going to be the case a couple of weeks ago when the neighbours from the bottom changed the fence due to storm damage we had been talking and he said that the new neighbours are going to change the fence. Currently there is a fence that has the posts on my side and there is chain link type fence at about three feet high. The posts that have arrived are 8' and there is the 1' concrete base followed by 4' lap larch = 5' fence. The fence is probably jointly owned but more likely to be owned by myself. I have told the neighbours wife prior to the panels and posts turning up that I do not wish to have a new fence as this will kill all the plants on my side of the fence as the sun will never get to the plants and hedges (which are all on my side of the fence. Also since the new neighbours have moved in there is a constant alarm going off on thier car ie 10+ times a day any thoughts or advice please. Yes I know about talk to next door but we sem to be convenintly passing like ships in the night.


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Re: new neighbour

Post by » Sat Mar 05, 2005 5:59 pm


Posted in the wrong forum, but never mind.

To yuor problem. If the chainlink fence is marking the boundary and it is your boundary (check your deeds), ask the neighbours to politely leave it in situ. They are entitled to erect a fence on their own property in their own land so i am afraid your plants and bushes may get reduced direct sun. Not alot you can do unless there is something in deeds that frobids erecting it in the first place.

Regarding the alarm, again talk to your neighbours is my advice first, ask them to get it looked at. If this fails contact the local authority, envoromental health who have the powers to enforce action.



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Post by Beech » Wed Mar 09, 2005 6:53 pm

I'm pretty sure that if your neighbours want to put up a 6 ft fence even just a couple of inches into their own property then there's little you can do about it.

Have you tried talking to them?

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Post by Cytania » Mon Mar 14, 2005 2:12 pm

>I do not wish to have a new fence as this will kill all the plants on my >side of the fence as the sun will never get to the plants and hedges

The degree of shade caused by a 2m fence should not be enough to kill any ordinary garden plants. Vigour may be decreased slightly but some species may actually benefit from shading and grow better.

Even a north easterly corner should be able to support ferns, aucuba etc. So if your current plants dwindle think of replacing them with shade lovers.
They cut down all the trees, put 'em in a tree museum and charged all the people just to see 'em

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Post by despair » Mon Mar 14, 2005 3:09 pm

Your neighbours do indeed have a perfect legal right to install any fence up to 6ft 6 in =2metres high from their land level

They have no right to remove your chainlink fence though and theres no way your plants should suffer as a result

Remember though that without their permission you cannot paint or stain or attach anything to their fence nor can you grow plants like ivy up it

As others have said the car alarm issue should be gently raised with them first before you involve Environmental Health ........keep a careful diary of times and duration plus a tape recording if poss in case the evidence is needed by EH Dept
If other neighbours are also bothered by the noise involve them too

Alan Harris
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Post by Alan Harris » Wed Mar 16, 2005 1:18 am

Dear Declous

Check with your deeds. You will not have to contribute if the fence is not on the boundary. Many people like privacy and a 5' 5" larch lap fence is a perfectly reasonable measure. Sorry about the sun but privacy is important too.


Alan Harris
Alan is a consulting engineer specialising in subsidence, tree roots, soils and party wall surveying.

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Post by Vic » Fri Mar 25, 2005 11:53 pm

Check your deeds - your boundary and responsibility for fences etc will be clearly marked. Just as others have said, if your neighbours want to erect a fence on their property, you can't do much about it. They probably won't be interested in your plants. The car alarm should be able to be resolved by polite conversation. The important thing is not to be agressive and accusing - a gentler approach is far more effective. If you keep a diary of when it goes off and for how long, then you have evidence to present to them if necessary and to other bodies should you be unable to resolve things reasonably amicably. I presume you are aware of the law relating to noise after 11pm in a built-up area?

CH4 Doc
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Post by CH4 Doc » Wed Oct 19, 2005 10:28 pm

Hello There

Apologies if this is not your cup of tea. I am replying to a few posts on this site because I am currently working on a Channel 4 documentary dealing with neighbourly disputes such as your own.

We are still looking for people so if you are not allergic to the idea of television then we may be able to help you. Our programme brings in experts, at no cost to yourself, to help you negotiate the legal mind field of neighbourly conflicts.

If you want to know more please email me or call 0207 258 6763. I would be happy to hear from you even if it is only advice.

All the best

Paul Taylor
Assistant Producer
Mentorn Television

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Re Hight of Fence

Post by loubluelewis » Thu Aug 10, 2006 6:25 pm

Where it says on one of the posts that a fence should be 6ft 6inch from the land level is tha the legal hight a fence must be?
Or could anyone have a fence as high as they wished for example 7ft?
Thank you

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Post by despair » Thu Aug 10, 2006 7:38 pm

The maximum legal height WITHOUT obtaining Planning permision is 6f6in or 2metres from their ground level

If a fence is higher complain loudly to planning enforcement and your local councillor

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Re response

Post by loubluelewis » Fri Aug 11, 2006 3:20 pm

Dear Despair
Thank you for answering my question, sorry to be thick but if someone extend the hight of there wall or fence by putting high trelisis around is this acceptable or is it seen as hightning the fence.
Thank You
Kindest Regards

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Post by despair » Fri Aug 11, 2006 3:40 pm

Trellis is still a fence

The maximum height for a fence with or without trellis is 2 metres or 6ft6

Too many people think they can get clever and add trellis

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Re response

Post by loubluelewis » Fri Aug 11, 2006 4:01 pm

Hi Despair
Thank you for your answer. I really apprecieate it.
Kindest regards

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