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Old 14 June 2006, 08:33   #1
super slider
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Default neighbours fence height allowed

Hi
Is there a maximum height of fence that a neighbour can put up. I live in a terrace house with one side a 5 foot high fence and the other neighbour is putting up another 5 foot fence. These take away a fair bit of my sunlight on my garden. They are also taking 40cm (1 foot 4inch) of my (small area of) land despite my complaining. My width is only 475cm (15 foot 7inch). What would you do?
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Old 14 June 2006, 08:49   #2
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I think the max height is 6ft.

Surely they are not allowed to rob some of your width though?

Not sure who you would complain to - the local council I suppose?
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Old 14 June 2006, 09:13   #3
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get a copy of the plans for your building, your solicitor/building society can help.

They will show property lines.

Your neighbour CANNOT build on your side of the property line without your say-so, even a dividing fence, if it's his, MUST be wholly on his side, IIRC..

"Planning" at your local council will also advise.

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Old 14 June 2006, 12:54   #4
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The fence can be as high as you like but above 8ft you need planning permission.

If he builds on your land then get in touch with the property planning department at the council asap and get them on side.
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Old 14 June 2006, 15:10   #5
John Catlin
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As a norm six feet high is an accepted height.

If I remember correctly cann ot go above that height at front without planning
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Old 14 June 2006, 16:59   #6
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6 foot from height of is land (eg if there is a step up or down on boundry)
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Old 14 June 2006, 19:26   #7
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2m from ground level.....from recent experience with building control

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Old 14 June 2006, 23:34   #8
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In Leeds it is as follows: -

1M if adjacent to a road
2M everywhere else

Above these heights planning permission is required

T
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Old 14 June 2006, 23:40   #9
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(leeds) the 2m rule is also from the lowest point not the highest
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Old 15 June 2006, 00:51   #10
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thanks for all your replies. My land has not been registered with the land registry but theres have. my deed plans show the top of my border from an existing outbuilding on the right side up to an old WC on their side(as do their plans which i have seen through the land registry site) which is no longer there. there is a scale which when using a ruler is 15' 7". they refuse to believe this prefering instead to use a laser from off the house wall. In my opinion it is difficult to project an accurate beam off a stone wall at 90 degrees and in my opinion my border is not totally square to the wall anyway. Also if you add my width and their width (by line of sight to a passage wall, not a fixed object like my outbuiling) it does not add up to 2 * 15' 7", it adds up to about 29' so they are saying its not correct to scale but i am saying the plan is the best we have got to go by and their width is less than mine because in my opinion our plans shows this. i have a fixed point (my outbuilding) to get the distance from, they have no fixed point. Do I stick by my plan (15' 7" using a ruler to a scale of 20 feet to an inch)) with a fixed point to go by and just say thats my width, whatever is left of the 2 house widths is yours?
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Old 15 June 2006, 10:11   #11
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i would apply to the land registry to get it registered if i were you. put all your photos etc together showing your beneficial occupation of ALL of the land you want to include in the registration. as your land is unregistered, you need to work with reference to the existing boundaries (i know they are replacing and may have removed some of the boundary fence already, but the position of the fence as was or as is, shows exactly what you've been maintaining and had the benefit of for x number of years). don't let them put the fence up without contesting it in writing - in case this goes to court in future and you need some form of diary or confirmation that you have riased an objection, together with the detail you're basing your opinion on
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Old 15 June 2006, 10:29   #12
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There is nothing to stop you erecting a fence on your own land providing you do not block your neighbours light.

The main exception would be if there were restrictive covenants which might forbid it; if you live in such a property, you would need to check your title deeds.

Provided fence less than 2 metres high you do not need permission to erect it.

If the fence is a party fence, and yoyu cannot agree on any work to be carried out then the Party Wall Act 1996 requires you to consult a party wall surveyor to determine what work needs to be carried out. Your neighbour could face action on several grounds including breach of the peace, trespass or mailicous damage.

As in all cases it is better to try and sort it out in a reasonable manner.

After thid the only people that gain are the Lawyers.
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Old 16 June 2006, 07:54   #13
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Quote:
Originally Posted by tonybooth
In Leeds it is as follows: -

1M if adjacent to a road
2M everywhere else

Above these heights planning permission is required

T
Sorry to hijack, but 1M if adjacent to road, what does "adjacent" mean, ie is there a min distance from the road before it can be 2M
Reason I ask is that I want to put up a fence about 4-5ft from a very quite lane out the back of my house (prob still classed as a road) but I want it 6ft.

R.
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Old 16 June 2006, 12:22   #14
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6'6" down here in Hants.
above which planning is required, from recent experience.

Tis always best if you can come to an agreement without authorities getting involved though.
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Old 16 June 2006, 14:21   #15
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If your neighbour wants to replace a fence - the whole of it must be on their land.

Also - if both fences on either side of you are being replaced - one of the fences should belong to you.

IIRC if you look at your house from the front, the right hand boundary is yours.
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Old 16 June 2006, 14:24   #16
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Quote:
Originally Posted by RoShamBo
Sorry to hijack, but 1M if adjacent to road, what does "adjacent" mean, ie is there a min distance from the road before it can be 2M
Reason I ask is that I want to put up a fence about 4-5ft from a very quite lane out the back of my house (prob still classed as a road) but I want it 6ft.

R.
Not exactly 1m - but 900mm. It's do with visibility splays - if a driver needs to see round a corner by looking over your garden. If you're nowhere near a junction then you shoudl be OK - although sometimes there are restrictions on housing estates so that it appears to be more "open".
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Old 16 June 2006, 15:38   #17
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Quote:
Originally Posted by messiah
IIRC if you look at your house from the front, the right hand boundary is yours.
that's a myth. you may find that works for your house, but it's not the same for everyone - trust me, it depends on who prepares the first conveyance plan and allocates which fence to which property
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Old 16 June 2006, 16:32   #18
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PMSL

Just reminded me about my neighbour who took out a huge conifer hedge that was about 15ft high to let more light in (but we think it was just because he was a nosey *******!). When my dad came home from work and saw what he had done he phoned a friend who owns a fencing company and with in 7 days we had an 8ft fence blocking his light and more importantly his shiney bald head.

I would say in no uncertain terms to your neighbour that they should not put the fence up until you have confirmed the boundry!

Alternativly if its wooden start a bonfire next to it (on your land) while they are out should soon be gone
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Old 17 June 2006, 08:59   #19
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thanks again for all your replies. What is the process of trying to get it legally removed assumming we cannot work it out. Solicitors, planning department (i am not registerd on land registry but my neighbour is) What is the best way legally (and cheapest ! ) to go about it? anybody any ida how much it is likely to cost? i intend to register my land when i find out how.

Last edited by super slider; 17 June 2006 at 09:05.
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Old 17 June 2006, 09:47   #20
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Have a look at this Land registry site- you may find it useful.

http://www.landreg.gov.uk/register_dev/

Jes
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Old 20 June 2006, 18:54   #21
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I once had to draw up plans of the boundaries of adjoining houses over a fence - problem was both of them had their deeds which both said they had ownership of it...
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Old 25 June 2006, 00:20   #22
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Neighbours are a pain in the @ss..............mine is boundry mad!
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Old 25 June 2006, 00:20
 
 
 
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bernardino, boundary, diabliling, essex, fence, height, hieght, house, kawartha, lakes, lights, maximum, neighbors, permission, planning, residential


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