Neighbour unhappy with new fence's effect on view
Neighbour unhappy with new fence's effect on view
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baileywin

Original Poster:

29 posts

131 months

Wednesday 29th September 2021
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Bought a new house that backs onto a field. I've just had some new fencing installed.

The neighbour has complained that the fence has ruined their view of the field.

Specifically, their house doesn't really join the field, only at the corner - but they had a view of the field across my garden, which they now don't.

They've voiced their displeasure and suggested that I move the fence more into my garden, or cut the top off it.

They've also suggested that they've had the view for 20 years and that they have a right to light.

I'd like to know if there's any legal issue with what's been done - I already have plenty of opinions but I'd like to stick to the facts at the moment!

Aerial view - I'm blue, they are green, boundaries in red & sightline in yellow.



The fence from my side - it's a 6 foot fence but it's in a ditch so the height from regular garden level is lower



And from the field in the opposite direction of the sightline



And a rubbish picture of how things looked before


randlemarcus

13,644 posts

253 months

Wednesday 29th September 2021
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Do you actively want to spend money on Christmas cards? I'd be declining their kind offer to cut the fence down a bit, and popping some trellis on top, but then again, I'm horrid.

They have precisely no right to a view. Especially a view where they have to stick a stick through the undergrowth to see it.

hyphen

26,262 posts

112 months

Wednesday 29th September 2021
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baileywin said:
I'd like to know if there's any legal issue with what's been done - I already have plenty of opinions but I'd like to stick to the facts at the moment!
Don't think legal. Think neighborhood tranquility.

Invite them over for tea and biscuits/wine, go out in your garden and in their garden and find a compromise you can both live with.

Explain that you have spent £xx on the new fence and a bit broke so would they mind coughing up for any work.

Shrugging for Victory

576 posts

92 months

Wednesday 29th September 2021
quotequote all
Do they have x-ray vision that only works through trees and bushes? Honestly, they sound like they will moan about anything that involves change. It's a fence and it's legal, more importantly it looks so much better now tell them to poke off.

PistonBroker

2,691 posts

248 months

Wednesday 29th September 2021
quotequote all
randlemarcus said:
Do you actively want to spend money on Christmas cards? I'd be declining their kind offer to cut the fence down a bit, and popping some trellis on top, but then again, I'm horrid.

They have precisely no right to a view. Especially a view where they have to stick a stick through the undergrowth to see it.
We've inadvertently breached permitted development with our fence, but parts of it are below the 2m limit.

I did wonder whether I could get any trellis to top that stretch up just to annoy the two neighbours who complained to planning a bit more!

Wacky Racer

40,539 posts

269 months

Wednesday 29th September 2021
quotequote all
No one wants to fall out with neighbours but tell them to do one.

Different if your fence was 8ft tall.

voram

8,041 posts

56 months

Wednesday 29th September 2021
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hyphen said:
Don't think legal. Think neighborhood tranquility.

Invite them over for tea and biscuits/wine, go out in your garden and in their garden and find a compromise you can both live with.

Explain that you have spent £xx on the new fence and a bit broke so would they mind coughing up for any work.
^^^ Sound guidance there. If you don't "need" the full fence; compromise. Would a wire mesh fence achieve the same objective? Would a lower wooden fence achieve the same objective?

No_Idea

1,487 posts

129 months

Wednesday 29th September 2021
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Tell em to pi$$ off.

netherfield

3,027 posts

206 months

Wednesday 29th September 2021
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No such thing as right to a view.

https://planningobjectionletters.co.uk/articles/lo...

I can't see how the fence makes any difference to light either.

Hoofy

79,238 posts

304 months

Wednesday 29th September 2021
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WTF. There's no view there. I'd believe them more if the trees and bushes weren't there.

Equus

16,980 posts

123 months

Wednesday 29th September 2021
quotequote all
baileywin said:
They've also suggested that they've had the view for 20 years and that they have a right to light.
roflroflrofl

Rights to light apply to a 'defined aperture through a building' (ie. a window) and does not any right that the amount of light cannot be reduced, only that it must preserve "...a quantity of light, the measure of which is what is required for the ordinary purposes of inhabitancy or business of the tenement according to the ordinary notions of mankind ... ".

So unless they can demonstrate that your fence reduces the amount of entering through one of their windows to the degree that the room it serves becomes practicably unusable, they're having a laugh.

Provided the fence is less than 2.0m. tall (hence does not require Planning), tell them stop playing the barrack room lawyer and to do one.

InitialDave

14,255 posts

141 months

Wednesday 29th September 2021
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Shrugging for Victory said:
Do they have x-ray vision that only works through trees and bushes? Honestly, they sound like they will moan about anything that involves change. It's a fence and it's legal, more importantly it looks so much better now tell them to poke off.
This.

From the pictures, I can't see what they're on about, frankly.

85Carrera

3,503 posts

259 months

Wednesday 29th September 2021
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No_Idea said:
Tell em to pi$$ off.
This - or take a few paces to the right ...

DanL

6,581 posts

287 months

Wednesday 29th September 2021
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They have no complaint, as far as I’m aware. A six foot tall fence is entirely fine without planning ( https://www.fencing-london.org.uk/the-laws-of-gard... ) won’t be costing them any light (particularly considering the existing trees!), and there’s no such thing as a right to a view as far as I can tell from Google ( https://www.planningresource.co.uk/article/1208996... ).

If they wanted to be sure of a view of the field, they should have bought your house. wink

It’s a bit depressing they feel this is something they can reasonably ask of you - suggests there’s likely to be trouble ahead, and that they believe their needs and desires (even over such minor things as this) should trump yours. Any right thinking person would be embarrassed to even ask you to do this.

RizzoTheRat

27,919 posts

214 months

Wednesday 29th September 2021
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Can they even see your fence from thier house?

PH User

22,154 posts

130 months

Wednesday 29th September 2021
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What will they complain about next? I would tell them to do one!

baileywin

Original Poster:

29 posts

131 months

Wednesday 29th September 2021
quotequote all
baileywin said:
I'd like to know if there's any legal issue with what's been done - I already have plenty of opinions but I'd like to stick to the facts at the moment!
Ok, opinion time....
voram said:
hyphen said:
Don't think legal. Think neighborhood tranquility.

Invite them over for tea and biscuits/wine, go out in your garden and in their garden and find a compromise you can both live with.

Explain that you have spent £xx on the new fence and a bit broke so would they mind coughing up for any work.
^^^ Sound guidance there. If you don't "need" the full fence; compromise. Would a wire mesh fence achieve the same objective? Would a lower wooden fence achieve the same objective?
There probably is a compromise - if the end panels were dropped to the height of the post & rail fence, that might help. But it also might not be enough.

I don't really want to take a saw to my new £x,xxx fence. And I did want more privacy in the garden which I'd lose.
netherfield said:
I can't see how the fence makes any difference to light either.
Hoofy said:
WTF. There's no view there. I'd believe them more if the trees and bushes weren't there.
InitialDave said:
Shrugging for Victory said:
Do they have x-ray vision that only works through trees and bushes? Honestly, they sound like they will moan about anything that involves change. It's a fence and it's legal, more importantly it looks so much better now tell them to poke off.
This.

From the pictures, I can't see what they're on about, frankly.
It doesn't help that my house was empty for a long time, so perfect neighbours.
I moved in and it was mega-overgrown, so I've cut it back and made the view much better. And then a couple of months later, taken it away with a fence.
DanL said:
If they wanted to be sure of a view of the field, they should have bought your house. wink
Bizarrely no mention of the view was made when I bought the house, and it wasn't at all visible because of how overgrown it was.

Massive conservatory just looked out into... a 12 foot tall hedge.

I am aware that I'm looking at someone else's field, though - I can't control it unless I own it, so one day it will probably get covered in houses or whatever and there's not much I can do about it.
No_Idea said:
Tell em to pi$$ off.
DanL said:
It’s a bit depressing they feel this is something they can reasonably ask of you - suggests there’s likely to be trouble ahead, and that they believe their needs and desires (even over such minor things as this) should trump yours. Any right thinking person would be embarrassed to even ask you to do this.
This was my first thought to "you've put a fence up and I can no longer see across your garden".

I tried to be polite, but maybe getting involved in a discussion was a mistake...
RizzoTheRat said:
Can they even see your fence from thier house?
No - if they sit in a chair, in a bush, down the side of their garage, apparently you can see the field. They do it all the time apparently.

Funnily enough never seen them there though...

Edited by baileywin on Wednesday 29th September 16:01

Lesgrandepotato

398 posts

121 months

Wednesday 29th September 2021
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Probably because the bush is in the way :-)

TheAngryDog

12,801 posts

231 months

Wednesday 29th September 2021
quotequote all
voram said:
hyphen said:
Don't think legal. Think neighborhood tranquility.

Invite them over for tea and biscuits/wine, go out in your garden and in their garden and find a compromise you can both live with.

Explain that you have spent £xx on the new fence and a bit broke so would they mind coughing up for any work.
^^^ Sound guidance there. If you don't "need" the full fence; compromise. Would a wire mesh fence achieve the same objective? Would a lower wooden fence achieve the same objective?
Maybe the OP should give them free use of his garden as well while he's at it? Christ, no wonder we have massive queues for fuel if this the level of daft we are dealing with.

FunkyNige

9,697 posts

297 months

Wednesday 29th September 2021
quotequote all
baileywin said:
voram said:
hyphen said:
Don't think legal. Think neighborhood tranquility.

Invite them over for tea and biscuits/wine, go out in your garden and in their garden and find a compromise you can both live with.

Explain that you have spent £xx on the new fence and a bit broke so would they mind coughing up for any work.
^^^ Sound guidance there. If you don't "need" the full fence; compromise. Would a wire mesh fence achieve the same objective? Would a lower wooden fence achieve the same objective?
There probably is a compromise - if the end panels were dropped to the height of the post & rail fence, that might help. But it also might not be enough.

I don't really want to take a saw to my new £x,xxx fence. And I did want more privacy in the garden which I'd lose.
You can get sloping fence panels so you could have the second one in sloping then the last one lower and I think the only privacy you'd lose is the end corner of your garden(?), but I'd ask them to pay for it. If they don't want to pay I'd just be civil but firm in that you're not going to change it - some people see compromise as a sign of weakness and will start demanding all sorts.