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BigTom85

Original Poster:

704 posts

40 months

[news] 
Thursday 24th May 2012 quote quote all
Bit of a silly one really.

I rent a housing association 3 bed semi in a nice village, my next door neighbour has bought his. The housing association will only maintain a 3ft chicken wire fence with metal stakes, although tenants are given permission to install any fence they like on the proviso it is the responsibility of the tenant, which I'm fine with. FWIW we will hopefully be buying the house in the next 5 years or so.

The previous tenants of the house I rent were happy with the chicken wire, the neighbour wasn't, so off his own back he installed a 1m high cheapy willow panel fence with those ground stakes and stained it a "tasteful" red/maroon colour. As his garden is about 100mm higher than ours he installed the fence at his level, and popped some old uPVC fascia boards or something as gravel boards. It looks a fecking mess from my side, but fine from his. Also the fence is definitely on our garden, and this boundary is our responsibility - these facts are not in dispute whatsoever.



My garden in red - fence in question in blue.

My garden is south facing and quite large, his is much smaller and west facing and comes to a point rather than being squared off. He has a green house right in the corner, and behind the greenhouse he uses this back corner as a dump for pots etc, and has 2 stacked very manky looking plastic storage lock up things that are over 2m high in the bottom corner. Also they sit on their patio often and this gives us no privacy whatsoever.

When I've asked in the past, I offered to replace the fence with a 1.8m high close boarded fence, they could paint their side any colour they like, grow things up it, I couldn't care less, I'd foot the bill 100%, they point blank (but politely) said that they'd be very cross if the fence was changed as it would block off light to their greenhouse and would make their garden feel very enclosed as they enjoy watching the birds in our trees, the late evening sun etc, which I thought fair enough and left it at that, OK I'd like a taller fence and more privacy but wasn't bothered enough to take it further.

For the past few months we've been thinking of throwing some money at the garden and making some raised beds etc, new shed blah blah, but a new taller fence his a high priority for us.

What has brought this thread on was yesterday he (politely but firmly) asked me to tell the children to stop playing football in the back garden as his fence was getting damaged and he was concerned the green house will get broken. I said I'd ask the kids to try and not kick the ball at the fence, but if it was damaged I'd replace the fence, and if the green house needed replacement glass we'd foot the bill. He went away fairly happy.

Later that evening the ball hit the fence (only 6 and 8 year olds FFS!) and he was sitting on his patio, he came over and told the kids to stop playing football in the garden! I restrained the Mrs and went round for a chat and made it quite clear that if he had problems he was to speak to us, not the kids, and there was no way on earth I'd be banning the kids from playing in the garden. I suggested I'd better look to changing the fence to something more appropriate, and he basically told me not to touch his fence and he'd fix it if it got broken.

Now the Mrs is livid, and I agree with her that putting up a 6ft fence is a priority. I couldn't give a monkeys about design, whether to use concrete or timber posts, close board panels or on rails etc, but I do know I'm going to change it.

How do I approach the guy? Do it anyway? Clearly I'll need to remove "his" fence, do I stack it neatly in the garden or what? I can see a conversation going along the lines of "I'd like to put up a taller fence" "I want to keep that one" "Well I'm swapping it anyway"... The Mrs doesn't care about winding them up, but as we need to live next to them I'd rather keep things amicable.

I really don't want to fall out with them over things, but clearly they aren't going to be happy or give me permission to do anything. What would you do?

Phew - that was a longer post than I'd imagined!!

davepoth

19,948 posts

68 months

[news] 
Thursday 24th May 2012 quote quote all
If the fence is at the higher level, it suggests that it's on his land surely?

essayer

1,598 posts

63 months

[news] 
Thursday 24th May 2012 quote quote all
Have his fence removed from "your" garden and put up your own.

Get the HA to do it, it is their property so presumably they'd be interested to know that the neighbour has put a fence on their property.

After they put up the chickenwire then replace it with your own.

Busa mav

931 posts

23 months

[news] 
Thursday 24th May 2012 quote quote all
Whatever you do , leave his fence insitu.

Put up a new 2m high fence ( not a mm more ) next to it without any fixings to his .

NiceCupOfTea

21,959 posts

120 months

[news] 
Thursday 24th May 2012 quote quote all
Busa mav said:
Whatever you do , leave his fence insitu.

Put up a new 2m high fence ( not a mm more ) next to it without any fixings to his .
This. As long as it's on your property and no higher than whatever the permitted maximum height is, he can't do anything about it.
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JustinP1

10,276 posts

99 months

[news] 
Thursday 24th May 2012 quote quote all
NiceCupOfTea said:
Busa mav said:
Whatever you do , leave his fence insitu.

Put up a new 2m high fence ( not a mm more ) next to it without any fixings to his .
This. As long as it's on your property and no higher than whatever the permitted maximum height is, he can't do anything about it.
Bingo.

Put up a fence 6 inches to your side of his. Totally separate.

When he questions you, bring up the football incident. You have the right to enjoy your property as you wish, and you don't want that to mean that he is commanding your kids in your garden.

I'd double check the height though - I may be wrong, but I thought it was 180cm.

BigTom85

Original Poster:

704 posts

40 months

[news] 
Thursday 24th May 2012 quote quote all
davepoth said:
If the fence is at the higher level, it suggests that it's on his land surely?
We're talking a few inches, its mostly due to years of him topping up his flower beds with compost etc. The last fence post is bolted to my brick outbuilding, and his side of the fence is in line with the outside wall of that building.

BigTom85

Original Poster:

704 posts

40 months

[news] 
Thursday 24th May 2012 quote quote all
JustinP1 said:
NiceCupOfTea said:
Busa mav said:
Whatever you do , leave his fence insitu.

Put up a new 2m high fence ( not a mm more ) next to it without any fixings to his .
This. As long as it's on your property and no higher than whatever the permitted maximum height is, he can't do anything about it.
Bingo.

Put up a fence 6 inches to your side of his. Totally separate.

When he questions you, bring up the football incident. You have the right to enjoy your property as you wish, and you don't want that to mean that he is commanding your kids in your garden.

I'd double check the height though - I may be wrong, but I thought it was 180cm.
I had thought about this, but I missed out that the last post is bolted to my outbuilding, the entire fence is within my boundary and when we've talked about things in the past he went to great lengths to explain how disgruntled he was about paying for someone elses fence not even on his garden etc. I'd hate to put up a new fence, he takes down the old one and he's gained some garden. The boundary really is clear.

BigTom85

Original Poster:

704 posts

40 months

[news] 
Thursday 24th May 2012 quote quote all
I'll take some pics later, see if the PH massive think I'm being unreasonable.

Busa mav

931 posts

23 months

[news] 
Thursday 24th May 2012 quote quote all
JustinP1 said:
I'd double check the height though - I may be wrong, but I thought it was 180cm.
guarantee it is 2m smile

Busa mav

931 posts

23 months

[news] 
Thursday 24th May 2012 quote quote all
Ifyou want to take things to extremes , move your outbuilding.

Seriously , life is too short to worry about a few inches in a house you rent .
Sort the fence and let the kids and you enjoy the garden smile

MonkeyMatt

4,741 posts

76 months

[news] 
Thursday 24th May 2012 quote quote all
Put up a fence right on your boundary! That way his fence will be the wrong side for him to do anything about hehe

BigTom85

Original Poster:

704 posts

40 months

[news] 
Thursday 24th May 2012 quote quote all
Yep, I'm aware its 2m, however how is that measured? Is it from the side where ground is lowest or highest?

BigTom85

Original Poster:

704 posts

40 months

[news] 
Thursday 24th May 2012 quote quote all
Busa mav said:
Ifyou want to take things to extremes , move your outbuilding.

Seriously , life is too short to worry about a few inches in a house you rent .
Sort the fence and let the kids and you enjoy the garden smile
Agreed.

I'll try softly softly "can we talk about the fence", if we can't come to an agreement I'll simply install a fence and leave the existing one in-situ.

Many thanks all! smile

MOTORVATOR

3,330 posts

116 months

[news] 
Thursday 24th May 2012 quote quote all
Not sure why you are asking the PH experts about this.

Get HA to clarify boundary and approve your erection of six foot fence, erect it, job done. If he has a problem direct him to the HA.

MiseryStreak

758 posts

76 months

[news] 
Thursday 24th May 2012 quote quote all
There is no such thing as a right to a view. There is a right of light but that only applies to dwellings, not gardens and it is not a right of sunlight!. He has no case whatsoever for legally objecting to your proposed fence.

The new fence should be put up along the property boundary. If you do not wish to not antagonise him more than necessary then you could consider putting up your fence inside of the existing one and losing a couple of inches of garden.

Don't worry about it a second longer, don't even consult him or cite reasons, just put it up.

dibbers006

6,259 posts

87 months

[news] 
Thursday 24th May 2012 quote quote all
Put trellis in line with the raised deck patio.

Buy kids mini football goal.

BigTom85

Original Poster:

704 posts

40 months

[news] 
Thursday 24th May 2012 quote quote all
MOTORVATOR said:
Not sure why you are asking the PH experts about this.

Get HA to clarify boundary and approve your erection of six foot fence, erect it, job done. If he has a problem direct him to the HA.
HA have confirmed boundary and its "our" fence, but we know that my neighbour paid for the fence, hence I don't feel I can just rip it up and replace. HA say to resolve with neighbour, they simply aren't interested.

If I rip up his fence from my garden and stack it neatly on his lawn am I in the wrong?

BigTom85

Original Poster:

704 posts

40 months

[news] 
Thursday 24th May 2012 quote quote all
dibbers006 said:
Put trellis in line with the raised deck patio.

Buy kids mini football goal.
I did think about moving their goal from the end of the garden to half way along his fence, but thought better of it! rofl

mondeoman

6,800 posts

135 months

[news] 
Thursday 24th May 2012 quote quote all
If its "your" fence then you can do what you want with it. If you're planning on staying there for a while (and from what you said, you are) then a neighbour dispute isn't going to be too much of an issue for you re selling in the future.

Best thing to do is take his fence down, put your new fence up in its place, on the right boundary, and see what happens next. He'll grumble and moan a bit, I'm sure, but that will be all he can do.
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