Boundary Fence Definition?

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dr_gn

Original Poster:

16,144 posts

184 months

Sunday 15th January 2017
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Long story short:

A while ago I came home to find my neighbour had come onto my land and felled several shrubs/trees, he said were blocking light form his garden. Some of the stumps were more than a metre from the boundary. The boundary is a well maintained solid fence, my land being higher than his accross the boundary. The felled branches were left where they had fallen. I immediately had words with him, and provided him with documentation outlining the many and varied reasons what he did was very, very wrong (the stuff about overhanging branches etc) and have had no further issue (to date).

My 'cosmetic' boundary, edging the lawn, is a line of Lilandi about 2m from the fence. Between this and the fence are said trees & shrubs, I don't bother to maintain it much.

It appears that the law is not really much use, becasue what he did isn't damage to property (trees) and trespass isn't a big deal apparently. I could have taken him to court for loss of privacy and possibly fly tipping, but with no guarantee of any action being taken against him (unless anyone knows differently?).

Anyway - I mused that a 12' concrete fence (I wouldn't see it so no issue there) would put a permanent end to this, but 6' feet is the limit...for a boundary fence. Since I have the 2m buffer zone between my Lilandi and the fence, my question is: How far from a boundary line does the 6' limit apply? Presumably I could erect a 12' fence along the middle of my lawn if I wanted? So how close is too close?

Ta.


chockymonster

658 posts

210 months

Monday 16th January 2017
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Boundary fence can be a maximum of 2 metres high

blueg33

35,772 posts

224 months

Monday 16th January 2017
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chockymonster said:
Boundary fence can be a maximum of 2 metres high
Higher with planning permission

dr_gn

Original Poster:

16,144 posts

184 months

Monday 16th January 2017
quotequote all
Thanks guys - 2m / 6ft...I'm thinking high enough that it blocks their house out completely. Becasue the land slopes downward towards the boundary, the fence would have to be significantly higher than that, hence the question about boundary fence limits.

megaphone

10,710 posts

251 months

Monday 16th January 2017
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Why not be a decent neighbour and maintain the shrubs so they don't upset him?

Muncher

12,219 posts

249 months

Monday 16th January 2017
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Much cheaper to trim the shrubs than build a 12 foot wall top ps off your neighbour!

Jambo85

3,314 posts

88 months

Monday 16th January 2017
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I think this is one of those times when you need to be ready to accept that you might be the problem...

chockymonster

658 posts

210 months

Monday 16th January 2017
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dr_gn said:
Thanks guys - 2m / 6ft...I'm thinking high enough that it blocks their house out completely. Becasue the land slopes downward towards the boundary, the fence would have to be significantly higher than that, hence the question about boundary fence limits.
2m is 8ft

markbigears

2,270 posts

269 months

Monday 16th January 2017
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8ft? Think you will find is nearer 6 feet six inches

Spare tyre

9,523 posts

130 months

Monday 16th January 2017
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No matter who is in the right or wrong, avoid legal action at all costs, disputes ultimately only have one winner, that's the solicitor

dr_gn

Original Poster:

16,144 posts

184 months

Monday 16th January 2017
quotequote all
I have zero problem with him trimming the overhanging branches, as is his right, and even letting me deal with the resulting waste.

I do have a problem with him breaching a clear boundary, trespassing on my land and cutting entire trees down without consulting me.


dr_gn

Original Poster:

16,144 posts

184 months

Monday 16th January 2017
quotequote all
Spare tyre said:
No matter who is in the right or wrong, avoid legal action at all costs, disputes ultimately only have one winner, that's the solicitor
I consulted my solicitor, who was ready to take proceedings against him for various reasons. I opted not to, and to simply go around there and talk to him (which is exactly what he should have done before doing what he did).


foxsasha

1,417 posts

135 months

Monday 16th January 2017
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Was he contrite when you had a word? If so why do you feel he might do something similar in the future?

dr_gn

Original Poster:

16,144 posts

184 months

Monday 16th January 2017
quotequote all
foxsasha said:
Was he contrite when you had a word? If so why do you feel he might do something similar in the future?
No apology, he thought he could remove the entire tree, not just the overhanging branches. He also thought he had a "right to light", which is also incorrect. I printed the guidance from gov.uk on boundaries, which outlined what you can and can't do, but he still didn't seem to understand.

Difficult to tell whether he'd do it again or not tbh, but if he does it'll no doubt end in court.

Mr GrimNasty

8,172 posts

170 months

Monday 16th January 2017
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What he did was criminal damage and you should have involved the police, they will probably be reluctant to get involved but you should press, at very least a visit from the neighbourhood PCSO and a warning.

In fact you should probably still report it, so there's a record if he does it again.

He knows exactly what he did and that it was not acceptable, don't fall for that nonsense.

And yes you sound like you are in danger of losing the plot and becoming the problem too - long deep breath and stop thinking about Berlin walls!

PugwasHDJ80

7,523 posts

221 months

Monday 16th January 2017
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Mr GrimNasty said:
What he did was criminal damage and you should have involved the police, they will probably be reluctant to get involved but you should press, at very least a visit from the neighbourhood PCSO and a warning.

In fact you should probably still report it, so there's a record if he does it again.

He knows exactly what he did and that it was not acceptable, don't fall for that nonsense.

And yes you sound like you are in danger of losing the plot and becoming the problem too - long deep breath and stop thinking about Berlin walls!
That's all great as long as you aren't planning on selling your house for a good few years!

dr_gn

Original Poster:

16,144 posts

184 months

Monday 16th January 2017
quotequote all
Mr GrimNasty said:
What he did was criminal damage and you should have involved the police, they will probably be reluctant to get involved but you should press, at very least a visit from the neighbourhood PCSO and a warning.

In fact you should probably still report it, so there's a record if he does it again.

He knows exactly what he did and that it was not acceptable, don't fall for that nonsense.

And yes you sound like you are in danger of losing the plot and becoming the problem too - long deep breath and stop thinking about Berlin walls!
It's not criminal damage, it's not a Police matter. If it was, things would be considerably easier.

2 sMoKiN bArReLs

30,240 posts

235 months

Monday 16th January 2017
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chockymonster said:
2m is 8ft
Did you work on the NASA orbiter in 1999? hehe

Mr GrimNasty

8,172 posts

170 months

Monday 16th January 2017
quotequote all
dr_gn said:
Mr GrimNasty said:
What he did was criminal damage and you should have involved the police, they will probably be reluctant to get involved but you should press, at very least a visit from the neighbourhood PCSO and a warning.

In fact you should probably still report it, so there's a record if he does it again.

He knows exactly what he did and that it was not acceptable, don't fall for that nonsense.

And yes you sound like you are in danger of losing the plot and becoming the problem too - long deep breath and stop thinking about Berlin walls!
It's not criminal damage, it's not a Police matter. If it was, things would be considerably easier.
Yes it is, yes it is. Don't know who you are taking legal advice from, but you should shoot them.

Johnnytheboy

24,498 posts

186 months

Monday 16th January 2017
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Mr GrimNasty said:
Yes it is, yes it is. Don't know who you are taking legal advice from, but you should shoot them.
I'd take legal advice before doing that, mind you.