Boundary Fence Definition?
Discussion
dr_gn said:
If I can build a 12 foot wall within the 2 m slope, I'll do that instead, hence the original question (which I'm still not clear on the answer to).
Using the permitted development rules as a guide it would be 2.5m high just in from the boundary and 3m high if you're 2m from the boundary https://www.gov.uk/government/uploads/system/uploa...dr_gn said:
That's not what I was told. I called the police for advice when I saw what had happened and they said damage to trees wasn't a criminal offence so they wouldnt get involved. This was confirmed by a solicitor who said I could try to claim for a replacement tree/ shrubs through loss of privacy, not compensation through criminal damage. He also said damages (if any) would be at the discretion of a judge.
That's about it. Have I really been given duff info by both the police and a solicitor who specialises in disputes such as this? It's a pretty simple scenario, I've not missed any show-stopping information I don't think.
Do You look after your trees? It would appear that if you look after them by tending to them and trimming the branches from time to time then it is a criminal offence. See attached where the police changed their mind: http://www.thelawforum.co.uk/when-trespass-and-cri... and there's always the option of an injunction.That's about it. Have I really been given duff info by both the police and a solicitor who specialises in disputes such as this? It's a pretty simple scenario, I've not missed any show-stopping information I don't think.
TA14 said:
Using the permitted development rules as a guide it would be 2.5m high just in from the boundary and 3m high if you're 2m from the boundary https://www.gov.uk/government/uploads/system/uploa...
Ahh, so there is the legal answer.........now if money were no object, I'd erect a decent electric fence on the boundary to discourage incursions (I suspect razor wire may be less legal)...
....then the 3m wall: make it pretty your side and breeze block on his.....perhaps shape a subtle "F*UCK the blockwork....
...then a few fast growing leylandi just on your side....maybe craft it like http://www.mirror.co.uk/news/weird-news/man-crafts... !
megaphone said:
I'd love to her the neighbour's side of the story on this one.
I understand that.As far as I'm aware (what he told me himself), the story is the trees were - in his opinion - causing his shrubs/whatever to die, so he simply cut mine down. No issue previously, no contact, nothing.
I went round and explained his rights, and said in future, please come round or call, let me know of any issues and I'll sort them - exactly as I assumed he'd do.
I also went round to the other neighbours and made sure they were all happy with the boundaries and trees etc. I offered to pay half the cost of removing any excessive overhanging foliage (even though it's not my responsibility to pay) AND if they wanted to trim them themselves, offered to burn the trimmings/branches on a bonfire on my land to save disposal costs for them. Offered to help them cut the branches it if necessary.
Everyone I've spoken to whos'e familiar with the land (including my solicitor) says I've done everything right, and my neighbour is completely in the wrong and totally out of order. Personally, I think he is extremely lucky that I decided to deal with it in the way I did.
At the end of the day, this isn't about trees, privacy or fences, it's about manners and respect: Ask yourself, would you go onto your neighbours land one day while they were out, and cut their trees down?
dr_gn said:
I understand that.
As far as I'm aware (what he told me himself), the story is the trees were - in his opinion - causing his shrubs/whatever to die, so he simply cut mine down. No issue previously, no contact, nothing.
I went round and explained his rights, and said in future, please come round or call, let me know of any issues and I'll sort them - exactly as I assumed he'd do.
I also went round to the other neighbours and made sure they were all happy with the boundaries and trees etc. I offered to pay half the cost of removing any excessive overhanging foliage (even though it's not my responsibility to pay) AND if they wanted to trim them themselves, offered to burn the trimmings/branches on a bonfire on my land to save disposal costs for them.
Everyone I've spoken to whos'e familiar with the land (including my solicitor) says I've done everything right, and my neighbour is completely in the wrong and totally out of order. Personally, I think he is extremely lucky that I decided to deal with it in the way I did.
At the end of the day, this isn't about trees, privacy or fences, it's about manners and respect: Ask yourself, would you go onto your neighbours land one day while they were out, and cut their trees down?
I think he is lucky that you've acted this way, reasonably, if not necessarily in accordance with all your legal rights.As far as I'm aware (what he told me himself), the story is the trees were - in his opinion - causing his shrubs/whatever to die, so he simply cut mine down. No issue previously, no contact, nothing.
I went round and explained his rights, and said in future, please come round or call, let me know of any issues and I'll sort them - exactly as I assumed he'd do.
I also went round to the other neighbours and made sure they were all happy with the boundaries and trees etc. I offered to pay half the cost of removing any excessive overhanging foliage (even though it's not my responsibility to pay) AND if they wanted to trim them themselves, offered to burn the trimmings/branches on a bonfire on my land to save disposal costs for them.
Everyone I've spoken to whos'e familiar with the land (including my solicitor) says I've done everything right, and my neighbour is completely in the wrong and totally out of order. Personally, I think he is extremely lucky that I decided to deal with it in the way I did.
At the end of the day, this isn't about trees, privacy or fences, it's about manners and respect: Ask yourself, would you go onto your neighbours land one day while they were out, and cut their trees down?
It's far better to defuse this issue if the trees themselves were of little importance to you.
He sounds like a right c*** and sometimes it's better not to escalate a pointless situation.
Once disputes start they escalate. Especially petty ones.
If your leylandi are growing too big, get them trimmed. Good neighbourliness is a two way thing. Be proactive.
I'm not saying 'be pushed around', I think you've done enough to show you know your rights and are willing to take this further is necessary.
Borroxs said:
dr_gn said:
I understand that.
As far as I'm aware (what he told me himself), the story is the trees were - in his opinion - causing his shrubs/whatever to die, so he simply cut mine down. No issue previously, no contact, nothing.
I went round and explained his rights, and said in future, please come round or call, let me know of any issues and I'll sort them - exactly as I assumed he'd do.
I also went round to the other neighbours and made sure they were all happy with the boundaries and trees etc. I offered to pay half the cost of removing any excessive overhanging foliage (even though it's not my responsibility to pay) AND if they wanted to trim them themselves, offered to burn the trimmings/branches on a bonfire on my land to save disposal costs for them.
Everyone I've spoken to whos'e familiar with the land (including my solicitor) says I've done everything right, and my neighbour is completely in the wrong and totally out of order. Personally, I think he is extremely lucky that I decided to deal with it in the way I did.
At the end of the day, this isn't about trees, privacy or fences, it's about manners and respect: Ask yourself, would you go onto your neighbours land one day while they were out, and cut their trees down?
I think he is lucky that you've acted this way, reasonably, if not necessarily in accordance with all your legal rights.As far as I'm aware (what he told me himself), the story is the trees were - in his opinion - causing his shrubs/whatever to die, so he simply cut mine down. No issue previously, no contact, nothing.
I went round and explained his rights, and said in future, please come round or call, let me know of any issues and I'll sort them - exactly as I assumed he'd do.
I also went round to the other neighbours and made sure they were all happy with the boundaries and trees etc. I offered to pay half the cost of removing any excessive overhanging foliage (even though it's not my responsibility to pay) AND if they wanted to trim them themselves, offered to burn the trimmings/branches on a bonfire on my land to save disposal costs for them.
Everyone I've spoken to whos'e familiar with the land (including my solicitor) says I've done everything right, and my neighbour is completely in the wrong and totally out of order. Personally, I think he is extremely lucky that I decided to deal with it in the way I did.
At the end of the day, this isn't about trees, privacy or fences, it's about manners and respect: Ask yourself, would you go onto your neighbours land one day while they were out, and cut their trees down?
It's far better to defuse this issue if the trees themselves were of little importance to you.
He sounds like a right c*** and sometimes it's better not to escalate a pointless situation.
Once disputes start they escalate. Especially petty ones.
If your leylandi are growing too big, get them trimmed. Good neighbourliness is a two way thing. Be proactive.
I'm not saying 'be pushed around', I think you've done enough to show you know your rights and are willing to take this further is necessary.
I want to know my rights regarding fences, becasue I don't believe he fully understands his rights, even now, and it could happen again. Rather than escalate it, I'd like to do the minimum to keep my privacy. I will keep the lilandi to a reasonable height, and when they form a suitable screen, I may well remove any remaining shrubs etc completely from the 'buffer zone', so he has no further reason to do anything. as I said, it's not the trees themselves I'm particularly bothered about, it's loss of privacy, but mainly the arrogance of the bloke.
dr_gn said:
To add context, this happened well over a year ago now, with no further issue. In that time I've called round to ask if everything is OK a couple of times, and he seems happy enough.
I want to know my rights regarding fences, becasue I don't believe he fully understands his rights, even now, and it could happen again. Rather than escalate it, I'd like to do the minimum to keep my privacy. I will keep the lilandi to a reasonable height, and when they form a suitable screen, I may well remove any remaining shrubs etc completely from the 'buffer zone', so he has no further reason to do anything. as I said, it's not the trees themselves I'm particularly bothered about, it's loss of privacy, but mainly the arrogance of the bloke.
Yes, he sounds like a right c***I want to know my rights regarding fences, becasue I don't believe he fully understands his rights, even now, and it could happen again. Rather than escalate it, I'd like to do the minimum to keep my privacy. I will keep the lilandi to a reasonable height, and when they form a suitable screen, I may well remove any remaining shrubs etc completely from the 'buffer zone', so he has no further reason to do anything. as I said, it's not the trees themselves I'm particularly bothered about, it's loss of privacy, but mainly the arrogance of the bloke.
dr_gn said:
It's not in the middle of my garden - it's about 2m from the boundary, and it's on the periphery of my lawn, which is on a kind of plateau. My land slopes down to the fence. The garden is huge, so 2m is irrelevant to me, and it formed a nice barrier between my neighbours and us. The lilandi is my choice - I value my privacy; if I decide I don't want to see any of his house (including the roof) I will let it grow 20 ft high if I wish.
Nopehttps://www.gov.uk/government/publications/hedge-h...
thelawnet1 said:
dr_gn said:
It's not in the middle of my garden - it's about 2m from the boundary, and it's on the periphery of my lawn, which is on a kind of plateau. My land slopes down to the fence. The garden is huge, so 2m is irrelevant to me, and it formed a nice barrier between my neighbours and us. The lilandi is my choice - I value my privacy; if I decide I don't want to see any of his house (including the roof) I will let it grow 20 ft high if I wish.
Nopehttps://www.gov.uk/government/publications/hedge-h...
TA14 said:
thelawnet1 said:
dr_gn said:
It's not in the middle of my garden - it's about 2m from the boundary, and it's on the periphery of my lawn, which is on a kind of plateau. My land slopes down to the fence. The garden is huge, so 2m is irrelevant to me, and it formed a nice barrier between my neighbours and us. The lilandi is my choice - I value my privacy; if I decide I don't want to see any of his house (including the roof) I will let it grow 20 ft high if I wish.
Nopehttps://www.gov.uk/government/publications/hedge-h...
dr_gn said:
TA14 said:
thelawnet1 said:
dr_gn said:
It's not in the middle of my garden - it's about 2m from the boundary, and it's on the periphery of my lawn, which is on a kind of plateau. My land slopes down to the fence. The garden is huge, so 2m is irrelevant to me, and it formed a nice barrier between my neighbours and us. The lilandi is my choice - I value my privacy; if I decide I don't want to see any of his house (including the roof) I will let it grow 20 ft high if I wish.
Nopehttps://www.gov.uk/government/publications/hedge-h...
I had a similar problem. During my searches I found out (via a planning officer) that when measuring the height of a fence, the 2 metre maximum height is measured from the ground height on your own side irrespective of any land fall. My case was not a fence but the construction of a huge decking area which overlooked our bedroom. There is a 3 foot fall from theirs to mine. What were mildly cordial relations prior to my polite suggestion that it might be unreasonable development have now degraded to them totally blanking us. Seems it's a price worth paying. Best not to allow others to get away with whatever they want or it might beget a bigger problem further down the road. Following other experiences of mine unless it's obviously a crime, don't ask the police. Incorrect advice might occasionally be given. In error, of course.
Hi. Just wondering if anyone can help me. I’ve lived in my house for 18 years and I’ve bought it. I put up a replacement fence around my garden and every couple of years I paint it. Never had a problem with my neighbours in the 18 years. Until now. My bins used to be outside my property and my neighbours used to fill it right up so I could no longer put my rubbish in my own bin. They have 3 kids and 2 adults. I live alone so don’t have that much rubbish but when I went to put my rubbish out I couldn’t put it in my bin. So I would have to put it in the shed and wait till bin day. I have however recently put the bins in my back garden which my neighbours have got funny about. So now leading onto my fence I started painting it last weekend and I text my neighbour if I could go into their garden this weekend to paint the fence. ( I bought and paid for the fence ). Ive gone out today to find they have painted over what I had painted and also put bamboo all down my fence so I can no longer finish painting my fence. Ive told them as they was sat in the garden and told them they can’t nail anything into my fence without permission. But they said they can do what they like to the fence. I really would like to know where I stand legally as after all my hard work and for them to paint over my fence I feel really tearful.
I thought if it was your fence then the only person who can touch it is you.
In theory if a neighbour does anything to it then it could be criminal damage.
You are allowed access to maintain it.
If you have a (U^(^&* for a neighbour however then enforcing the above is far, far more trouble than it's likely worth.
Are you also saying that this *%^% has habitually been filling your bin with their carp?
Again this is completely out of order.
Move!
In theory if a neighbour does anything to it then it could be criminal damage.
You are allowed access to maintain it.
If you have a (U^(^&* for a neighbour however then enforcing the above is far, far more trouble than it's likely worth.
Are you also saying that this *%^% has habitually been filling your bin with their carp?
Again this is completely out of order.
Move!
pebbles831uk said:
...leading onto my fence I started painting it last weekend and I text my neighbour if I could go into their garden this weekend to paint the fence. ( I bought and paid for the fence ). Ive gone out today to find they have painted over what I had painted and also put bamboo all down my fence so I can no longer finish painting my fence. Ive told them as they was sat in the garden and told them they can’t nail anything into my fence without permission. But they said they can do what they like to the fence. I really would like to know where I stand legally as after all my hard work and for them to paint over my fence I feel really tearful.
Notwithstanding the fact that you bought and paid for it, if it stands on the actual boundary line (not wholly within your land), then you need to establish who is responsible/owns that boundary.Your title plan may show 'T' marks, which indicate this, or it may be described in writing within the title document.
If not, it may be that the boundary is legally shared, in which case you and your neighbour have joint rights and responsibilities over it (which could get messy, in the situation you describe).
Depending on ownership, you may have legal rights of access to your neighbour's property for the purposes of maintenance, under the Access to Neighbouring Land Act 1992.
Might be worthwhile to point out that nobody 'owns' a boundary of this type. The word is 'responsibility'. That responsibility applies only to its construction/materials and the finished colour on your own side of it. The 'responsibility' is assumed to be taken within local planning rules.
chockymonster said:
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.
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