Neighbours and new fence

symbiosis
Posts: 8
Joined: Fri Jan 04, 2019 2:00 pm

Neighbours and new fence

Post by symbiosis » Tue Jul 02, 2019 10:09 am

Hi all

Just after a bit of advice please.

Just before we moved into our new house (before we exchanged so technically not ours at the time) the neighbours at the bottom of the garden cut down and removed the layandi hedge that formed the boundary, allegedly with the previous owners permission (she has since died so no way to verify that).

Our 2 plots are at different heights since the neighbour levelled his with their garden about 4ft lower than ours, so the neighbours put in a block retaining wall which sticks up about 2ft on our side.

At the moment, there is no fence (and hasn't been for 2 years now despite promises), the neighbours have always said they intention was to put a fence on top of their retaining wall which we both agreed in writing formed the new boundary.

We spoke the other day and the neighbours told us that they could only put a fence of 4ft on top of the wall due to the strong winds in our area and that they now want to put up a 2m fence with the posts on our side of the wall.

We do want the privacy that a taller fence would give us but wonder if there are any immediate downsides legally etc to letting them do this (would it affect the boundary even though we both agreed their wall was the boundary) or any advice you would offer please?

Cheers

despair
Posts: 16377
Joined: Mon Mar 14, 2005 7:07 am

Re: Neighbours and new fence

Post by despair » Tue Jul 02, 2019 12:32 pm

They are talking b******s

If the wall is 2 ft high on your side theres zero to stop them adding 4ft 6 in of fence to it ....as 6 ft6in is max height
They just need to get a good fencer in to sort it
What they should be doing is put the posts on their side and rest the actual fence panels on top edge of the wall

On no account allow them to try and gain access to your garden and install posts your side so you loose garden because it wont just be the 4 inch posts it will also be whatever oversite of footings there is too

I would tell them to raise the height of the brick wall to 6 ft6 on your side

symbiosis
Posts: 8
Joined: Fri Jan 04, 2019 2:00 pm

Re: Neighbours and new fence

Post by symbiosis » Tue Jul 02, 2019 1:42 pm

Thanks Despair (good name)

They claim that they cant have the fence higher than 4ft on their wall as the posts can only be secured with those metal boot things that would bolt into the blocks and they have been told they wont be able to take anything higher than 4ft due to the open position and the gale force winds we often get in the area.

Its not feasible for them to put the posts on their side of the wall as its a 4ft drop into their garden, so to get a 6ft high fence on top of the wall they would need 12ft tall posts.

We have a patio on our side with only a 4" gap between the edge of it and their wall so god knows how they are going to get the posts in the ground - I asked their fencer and he said it wont be a problem and wont cause damage.

Is there any other way anyone can see that we could have a higher fence without it being on our side? I suggested hit n miss fencing as it allows the wind through but they didnt want that

alyson
Posts: 58
Joined: Tue Apr 29, 2014 1:43 pm
Number of Posts per Page: 10
Number of topics per page: 10
Location: Wales

Re: Neighbours and new fence

Post by alyson » Tue Jul 02, 2019 2:14 pm

Build pillars onto the wall and install panels in between?

symbiosis
Posts: 8
Joined: Fri Jan 04, 2019 2:00 pm

Re: Neighbours and new fence

Post by symbiosis » Tue Jul 02, 2019 2:29 pm

Must admit that was my thought too but again they don't seem keen

symbiosis
Posts: 8
Joined: Fri Jan 04, 2019 2:00 pm

Re: Neighbours and new fence

Post by symbiosis » Tue Jul 02, 2019 3:25 pm

Another question, re the max 6ft 6" rule - what happens in a situation like mine where his garden is 4ft lower than mine? Is the measured from my or his garden?

MacadamB53
Posts: 6605
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Neighbours and new fence

Post by MacadamB53 » Tue Jul 02, 2019 4:26 pm

symbiosis wrote:
Tue Jul 02, 2019 3:25 pm
Another question, re the max 6ft 6" rule - what happens in a situation like mine where his garden is 4ft lower than mine? Is the measured from my or his garden?
its measured from the “natural” ground level - which in your case is your garden because the neighbour has recently levelled his...

you have 4 viable options:

1 negotiate having the height of the wall extended (this would be my preferred option if the 2ft wall didn’t give me enough privacy/security)
2 adapt to life with the 2ft wall
3 install a taller boundary feature on your own land (having multiple boundary features is not a particularly good option)
4 decide it’s that big a deal and move house

kind regards, Mac

despair
Posts: 16377
Joined: Mon Mar 14, 2005 7:07 am

Re: Neighbours and new fence

Post by despair » Tue Jul 02, 2019 6:29 pm

If the wall is 2 ft high your side and they can add a 4ft fence thats 6 ft and enough for privacy

The neighbour should have thought this all through more carefully before lowering his land

And should not expect you to have to accomodate a fence and loose land to boot

symbiosis
Posts: 8
Joined: Fri Jan 04, 2019 2:00 pm

Re: Neighbours and new fence

Post by symbiosis » Mon Jul 08, 2019 1:31 pm

Just to finish this thread. We let him put the posts on our side, they went in about a foot and not concreted (so we didn't loose any extra space), each post was bolted to the wall with 2 thunderbolts and each end attached to existing fencing - hopefully this will be strong enough....

All in all, it looks great, we have our privacy back, the neighbour is happy and it didn't cost us a penny

despair
Posts: 16377
Joined: Mon Mar 14, 2005 7:07 am

Re: Neighbours and new fence

Post by despair » Mon Jul 08, 2019 4:11 pm

Glad your happy and have privacy back but loosing 1 foot of land for many people would be a big No No

MacadamB53
Posts: 6605
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Neighbours and new fence

Post by MacadamB53 » Mon Jul 08, 2019 6:14 pm

despair wrote:
Mon Jul 08, 2019 4:11 pm
Glad your happy and have privacy back but loosing 1 foot of land for many people would be a big No No
the posts were sunk 1 foot into the ground, not 1 foot away from the boundary... :)

despair
Posts: 16377
Joined: Mon Mar 14, 2005 7:07 am

Re: Neighbours and new fence

Post by despair » Mon Jul 08, 2019 7:47 pm

Oops ...sorry

arborlad
Posts: 8303
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbours and new fence

Post by arborlad » Tue Jul 09, 2019 7:08 am

symbiosis wrote:
Mon Jul 08, 2019 1:31 pm
Just to finish this thread. We let him put the posts on our side, they went in about a foot and not concreted (so we didn't loose any extra space), each post was bolted to the wall with 2 thunderbolts and each end attached to existing fencing - hopefully this will be strong enough....

All in all, it looks great, we have our privacy back, the neighbour is happy and it didn't cost us a penny



From the way you describe it, it's not sounding as though it will be, how thick is the wall and how well has it been built?..................how high is the fence above the wall?

Regardless of circumstances, it's never wise to allow an encroachment on your land.
arborlad

smile...it confuses people

symbiosis
Posts: 8
Joined: Fri Jan 04, 2019 2:00 pm

Re: Neighbours and new fence

Post by symbiosis » Tue Jul 09, 2019 2:37 pm

So it's a solid concrete block wall one block wide with piers every 6 ft. The fence is about 2m high

despair
Posts: 16377
Joined: Mon Mar 14, 2005 7:07 am

Re: Neighbours and new fence

Post by despair » Tue Jul 09, 2019 9:07 pm

Have to wonder why they built a retaining wall that way withouth thinking about fencing at your le el ....but guess they like looking at concrete blocks

Post Reply