Neighbour wants to replace 6ft fence with 3ft wall

Bristol Jim
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Neighbour wants to replace 6ft fence with 3ft wall

Post by Bristol Jim »

Hi all

About 9 years ago, my neighbour and i replaced a broken 5ft fence with a 6ft fence. It got a little tense because we disagreed on the construction technique. I wanted concrete posts and gravelboards - he wanted wooden posts secured using metal spikes. I relented and the fence has slowly deteriorated and now several posts need to be re-set and a panel replaced.

Last week a load of concrete blocks were delivered. I asked what he was builkding and he stated he is replacing the fence with a 5 block high wall.

I was concerned he hadnt asked me before pushing ahead but in the sake of relations i'll let him crack on. But when i looked into how high 5 blocks would be i realised that it will be a 1m 75cm tall wall (plus mortar).

We have a long garden, just short of 50ft. I'm concerned that we will have no privacy and our dog will leap over the fence to chase neighbours cats. We are also in the process of adopting another dog. A secure garden is stipulated.

I am going to approach him and try and have a conversation about the height of the wall. I cant understand why he wants a 3ft/1m high wall. Hopefully he will see the light but what is the max height of a single block wall?

If he pushed ahead, what are my options?

It is unclear who own the fence. As we both erected it and paid for it, it feels like it is joint ownership and any decision should be made together.

He hasnt asked for money, and i wouldnt want to pay for a wall but i'd happily pay for the fence i originally wanted
MacadamB53
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Re: Neighbour wants to replace 6ft fence with 3ft wall

Post by MacadamB53 »

Bristol Jim wrote: Thu Mar 11, 2021 11:09 am Hi all

About 9 years ago, my neighbour and i replaced a broken 5ft fence with a 6ft fence. It got a little tense because we disagreed on the construction technique. I wanted concrete posts and gravelboards - he wanted wooden posts secured using metal spikes. I relented and the fence has slowly deteriorated and now several posts need to be re-set and a panel replaced.

Last week a load of concrete blocks were delivered. I asked what he was builkding and he stated he is replacing the fence with a 5 block high wall.

I was concerned he hadnt asked me before pushing ahead but in the sake of relations i'll let him crack on. But when i looked into how high 5 blocks would be i realised that it will be a 1m 75cm tall wall (plus mortar).

We have a long garden, just short of 50ft. I'm concerned that we will have no privacy and our dog will leap over the fence to chase neighbours cats. We are also in the process of adopting another dog. A secure garden is stipulated.

I am going to approach him and try and have a conversation about the height of the wall. I cant understand why he wants a 3ft/1m high wall. Hopefully he will see the light but what is the max height of a single block wall?

If he pushed ahead, what are my options?

It is unclear who own the fence. As we both erected it and paid for it, it feels like it is joint ownership and any decision should be made together.

He hasnt asked for money, and i wouldnt want to pay for a wall but i'd happily pay for the fence i originally wanted
it belongs to whoever’s land it’s attached to

if the two properties share an internal wall and the fence ends at the building this ought to be fairly straightforward to work out...
Collaborate
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Re: Neighbour wants to replace 6ft fence with 3ft wall

Post by Collaborate »

Last time I looked 1m75 is higher than 1m. That's some dog you have.
Bristol Jim
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Re: Neighbour wants to replace 6ft fence with 3ft wall

Post by Bristol Jim »

He is quite a dog and has cleared a 2m fence beofre, but i meant 1m 7.5cm (1075mm)

I
Bristol Jim
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Re: Neighbour wants to replace 6ft fence with 3ft wall

Post by Bristol Jim »

Thanks Macadam

I suppose what i'm trying to get to get to the bottom of is the fact that we dont want a 3ft tall barrier.

We want to maintain 6ft.

If he wants to build a 3ft tall wall, can i insist it is only on his property (foundations included) and then i can build a 6ft fence on my property?
Paddock
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Re: Neighbour wants to replace 6ft fence with 3ft wall

Post by Paddock »

Bristol Jim wrote: Thu Mar 11, 2021 3:32 pm Thanks Macadam

I suppose what i'm trying to get to get to the bottom of is the fact that we dont want a 3ft tall barrier.

We want to maintain 6ft.

If he wants to build a 3ft tall wall, can i insist it is only on his property (foundations included) and then i can build a 6ft fence on my property?
Yep, imho I cant see any problem with you putting your own fence in if you are happy to lose a bit of ground.

Is it some sort of light issue that he only wants to go a metre high or does he want a better view of something? Not that either stops you putting in your own fence.

Paddock
MacadamB53
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Re: Neighbour wants to replace 6ft fence with 3ft wall

Post by MacadamB53 »

Paddock wrote: Thu Mar 11, 2021 6:37 pm
Bristol Jim wrote: Thu Mar 11, 2021 3:32 pm Thanks Macadam

I suppose what i'm trying to get to get to the bottom of is the fact that we dont want a 3ft tall barrier.

We want to maintain 6ft.

If he wants to build a 3ft tall wall, can i insist it is only on his property (foundations included) and then i can build a 6ft fence on my property?
Yep, imho I cant see any problem with you putting your own fence in if you are happy to lose a bit of ground.

Is it some sort of light issue that he only wants to go a metre high or does he want a better view of something? Not that either stops you putting in your own fence.

Paddock
you only answered half the question - the easy half...

what about the first half - “can i insist it is only on his property (foundations included)”?
MacadamB53
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Re: Neighbour wants to replace 6ft fence with 3ft wall

Post by MacadamB53 »

Bristol Jim wrote: Thu Mar 11, 2021 3:32 pm Thanks Macadam

I suppose what i'm trying to get to get to the bottom of is the fact that we dont want a 3ft tall barrier.

We want to maintain 6ft.

If he wants to build a 3ft tall wall, can i insist it is only on his property (foundations included) and then i can build a 6ft fence on my property?
how would you establish that?
Paddock
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Re: Neighbour wants to replace 6ft fence with 3ft wall

Post by Paddock »

MacadamB53 wrote: Thu Mar 11, 2021 8:33 pm
Bristol Jim wrote: Thu Mar 11, 2021 3:32 pm Thanks Macadam

I suppose what i'm trying to get to get to the bottom of is the fact that we dont want a 3ft tall barrier.

We want to maintain 6ft.

If he wants to build a 3ft tall wall, can i insist it is only on his property (foundations included) and then i can build a 6ft fence on my property?
how would you establish that?
This again?

https://www.gov.uk/your-property-boundaries

Paddock
MacadamB53
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Re: Neighbour wants to replace 6ft fence with 3ft wall

Post by MacadamB53 »

Paddock wrote: Thu Mar 11, 2021 9:59 pm
MacadamB53 wrote: Thu Mar 11, 2021 8:33 pm
Bristol Jim wrote: Thu Mar 11, 2021 3:32 pm Thanks Macadam

I suppose what i'm trying to get to get to the bottom of is the fact that we dont want a 3ft tall barrier.

We want to maintain 6ft.

If he wants to build a 3ft tall wall, can i insist it is only on his property (foundations included) and then i can build a 6ft fence on my property?
how would you establish that?
This again?

https://www.gov.uk/your-property-boundaries

Paddock
hi Paddock, not sure what “This again?” is referring to - I’m trying to understand how the OP can, in his first post state “is unclear who own the fence” and yet now implies he would be able to insist the new wall be built wholly on the neighbour’s land?

surely if he is able to do the latter he must already know whether the existing fence is wholly on the neighbour’s land or not...
Paddock
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Re: Neighbour wants to replace 6ft fence with 3ft wall

Post by Paddock »

MacadamB53 wrote: Fri Mar 12, 2021 12:53 am
Paddock wrote: Thu Mar 11, 2021 9:59 pm
MacadamB53 wrote: Thu Mar 11, 2021 8:33 pm how would you establish that?
This again?

https://www.gov.uk/your-property-boundaries

Paddock
hi Paddock, not sure what “This again?” is referring to - I’m trying to understand how the OP can, in his first post state “is unclear who own the fence” and yet now implies he would be able to insist the new wall be built wholly on the neighbour’s land?

surely if he is able to do the latter he must already know whether the existing fence is wholly on the neighbour’s land or not...
Not really because exact boundaries are not determined exactly unless you make a determined boundary process with Land Regustry. So it really comes down to if you want to go to the cost or hassle of determining a boundary exactly. In this case the OP can just assume the outside of the neighbours old fence/new wall is the boundary, then his fence, his side of it, must be on his (the OP's) land.

I said 'this again' because questions about who owns the fence etc keep cropping up and imho its worth reading that link first before asking a lot of questions it answers..

Paddock
Bristol Jim
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Re: Neighbour wants to replace 6ft fence with 3ft wall

Post by Bristol Jim »

Thanks for the replies. My concern remains the height of the wall and what I can do to maintain privacy on my property.

Hopefully the conversation will be amicable and we will find a way forwards that we are both happy with. I suppose the worst case scenario is that he goes ahead with his wall we insist it remains on his property and then we build another wall on our property. The worst part of that is that we both lose out whereas if it’s spoken to us before we could’ve arrived at a solution that didn’t result in any of us losing any land.

Thanks again for your replies. I may be back with more questions once we had the conversation today
Anthracite
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Re: Neighbour wants to replace 6ft fence with 3ft wall

Post by Anthracite »

One aspect to consider is the structural safety of the wall. If the neighbor only plans to build a single skinned wall, then it may not be structurally sound above a certain height. For the neighbor to construct a sound wall any higher it may need significantly more materials and have a larger footprint. I can imagine the neighbor may wish to avoid this for the issue of cost and also the width particularly if the boundary position is unclear.

I'm not aware of any law about the construction of garden walls but there is guidance. Ignoring guidance may be an awkward position to be in the event an accident was to occur.

https://www.planningportal.co.uk/info/2 ... en_walls/2

As has already been suggested an option may be to let the neighbor crack on and then install a fence of your choice adjacent to the wall on your own land.
Chunga
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Re: Neighbour wants to replace 6ft fence with 3ft wall

Post by Chunga »

If the existing wooden fence has a continuous line of planks, nailed to wooden posts that should determine to whom it belongs and also on whose land it is. The general rule, accepted by most judges, is that the fence belongs to the garden that has the post side and not the plank side.

If that turns out not to mean you, you would be well advised to build a higher fence on your own land, given the current state of dog laws and the size and agility of yours dogs.

If it turns out to be your fence, the owner has no right to replace it , whether weith a lower or a higher wall.
mugwump
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Re: Neighbour wants to replace 6ft fence with 3ft wall

Post by mugwump »

Construction of the fence has no bearing on ownership, real or imagined.
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