Combining info from this clip and the "how to win a argument" clip has just helped me educate my local councils call center staff resulting in a personal win. Thankyou
The underlying message here is to get along with your neighbours, it seems to be a lost art, glad you posted this as it clears up a lot of assumptions.
Interesting. Thanks. Our previous next door neighbour many years ago put up decking which is 31" above ground level (old houses here with cellars) at the rear. I didn't realise that there was a height limit for decking. At the time, they hardly used it so it didn't bother me. New neighbours use it quite a lot for gatherings and when stood up, they can see right over our garden and also into the kitchen. Complained to the Council but they said as it was over 6 years ago, couldn't do anything about it. My fault for not checking. Fence is 6ft high but I'm going to be adding 2ft to this with extension panels and to hell with planning permission.
exactly the same circumstances here. house next door had high decking already when we moved in, we put up an 8ft ft fence on our side, (6ft higher than the decking on theirs side) rear gardens. Everybody happy
I always have the 'bad' side of the fence on my side so any interloper has easy access out and the 'good' side facing out to dissuade anyone easily climbing in.
If you put a fence up next to their fence but on your land you can then put up a fence 2m+ because it's not a fence it's a garden construction. Had to do this myself as my neighbor is an complete a&£e his fence was in complete disrepair and refused to communicate on any level. You only lose approximately 4" the thickness of the fence post.....worked a treat👍
Judge: did you kick him in defence? Defendant: no sah. I kicked him in de leg. He fell over de fence. 😁 One of my late dad's favourites and I couldn't resist.
Back in the mid 19780's we had a fence dispute (sort of) with the MOD our farm land ran alongside the airfield (RAF Marham) at weekends and some other days we would get invaded by the territorial airfield defense regiment and on occasion the bases shooting syndicate. We asked the camp commander to install a fence to which he said he would love to as it was a security concern but the MOD would not pay for it. We ran some barbed wire on our side under tension on steel posts and found that the squaddie's were cutting it in order to continue to get onto our land.
I have so many of these challenges with my neighbor going on right now. Your information is super useful. Small bone of contention we have is they have parked an estate car next to the boundary. It's been SORN for 12+ years. So we have put a hedge in to hide it. This video is very useful to know how high I can grow it. Thank you for your advice.
Great topic this one. Our neighbours had a dispute a couple of years back. One neighbour erected a fence on a wall separating their respective gardens. Turns out the wall belonged to the other neighbour who asked them to take it down. They refused and needless to say it got aggesive. eventually the fence was taken down. To make matters worse the fence was appalling.
@BlackBeltBarrister - The above video is excellent, I wish I'd seen this sooner! Sadly in my case it's of little use if the Police won't protect homeowners when a neighbour decides to cause criminal damage to your garden fence. I replaced my boundary fence three years ago and decided to give myself the good side seeing as I paid for it. Everything was fine with my neighbour until 13 months later when she said she no longer liked my fence and all her visitors said it was ugly! She then said I have to turn it around as she is supposed to have the good side. To go one step further and to try and scare me into taking action she even accused me of land theft. Luckily I have before and after photos and a copy of my deeds so she has no evidence to the contrary. Eventually things escalated and the neighbours boyfriend started damaging my fence by drilling into it and attaching things to it. I did take some legal advice and wrote her a letter instructing her to remove the attached items and not to cause any further damage, this also included painting her side. I also informed the Police that she was harassing me and causing criminal damage to my property. The Police were of no help and said initially that it was a civil matter however when I pointed out that criminal damage was a Police matter they phoned her and told her not to damage my property again. Sine then she has drilled further holes which again required a further phone call to the Police. Again they were reluctant to to take action and said it wasn't in the public interest to arrest a woman in her 70's and no further action could be taken. I did say that if they refused to take action I would make a complaint so they did speak to her again but she wasn't cautioned or arrested as I had hoped. It seems that Thames Valley Police have a policy of 'no further action' if the defendant is over 70 which is totally unacceptable in my opinion. The law is the law and nobody has the right to damage property belonging to another regardless of age. I wanted the police to take action for what she did and now my fence is damaged albeit superficially and I'm the one who lives in constant fear of what she might do next.
It’s almost like you read my mind. People are going through a stage of parking on my lawn to go to the takeaway - not cool! So I’m going to put a little white picket fence up. But no higher than 1m 😜 thanks very much 😊
A trench - filled as an ornamental pond - would be cheaper And *MUCH* more fun (Beside, you can bet some clod will run into your fence) Better check with Dan the BBB what the laibilities could be before digging 'tho
Depending on the better side of the fence. I had the understanding that one always puts the better side on the person who owns the fence. I have seen this in my own garden with no objections. Also livestock proof fencing, the barbed wire is the owners side of a fence / hedge and it also makes things easier to tidy a hedge in future when hedge cutting.
The way i understand it (in laymans speak) when erecting a fence the inside (with spars for fixing) goes to the inside, so the fence gets fixed facing the neighbor, no spars??
When the fence needs sorting we usually come to an arrangement to go halves on any costs the last 3 owners next door have been more than happy with that plan.
I feel the answer is very obvious. It would be very stupid to go to B&Q to buy a random selection of posts and panels and then hope to erect an adequate fence! I would always carefully plan the structure first. Oh, by the way, it may sometimes be necessary to get Planning Permission as well.
The fence around my property is MINE, its all on my land as I had it put up 6" inside my border and paid for it all my self, so I keep it maintained and paint it what ever colour I see fit, luckily my neighbour's like rusty red.
We have two oak trees outside my house which have grown massively over the 31 years we have lived here and now cast a huge shaddow on our garden. The council used to prune them every year but this stopped over 20 years ago and now they refuse to cut back the tree giving the excuse of squirel and bird habitat and cleaning the air!
Very useful. I don't know how it will help me with my neighbour who likes to do, then apologise after it's too late, but I'll give it a go. Thank you (I'll post a comment about the result).
Nothing like a fence or hedge to cause a war! I have a long drive between a road and a field. The field has a boundary fence consists of posts sheep mesh and barbed wire, the posts being on my side. The field was sold from my property in 1975 before either I or the field owner, owned our properties. The contract of sale says that the field owner will maintain the fence (he doesn't) and he says this means he owns it. He has hung notices on the gate and posts - he has access (all times, all purposes) over my drive at the road end. The biggest problem is that the access is now being damaged by large tractors. And I particularly wanted a property without neighbours!!
In Australia a fence shared with a neighbour is equally owned by both property owners, sometimes you can't replace or re-picket a fence without the neighbour's permission, the cost of fencing shared between properties is also split between both property owners. Swimming pools must be fenced by law & have child proof gates, any fence over 1.8 metres in height requires council approval.
I have a property with a drive that could be deemed as a shared drive, however on research I read that if the centre of the drive is the boundary to my title on my deeds then it is not a shared drive, that being the case as long as I don’t obstruct the neighbours access then I can erect a boundary fence, The boundaries are very clear on the title deed produced by the developer, The neighbour has extended his front garden to cover a third of his drive adjacent to his property, as well as the title deed the splay of the drive where it joins the hi ways illustrated by the Kirby stones shows the drives original position, there are no caveats that allow him to use my side of the drive so I see no reason not to erect a boundary fence after allowing a reasonable amount of time for him to rectify his error by turning part of his drive into a garden. Thanks in anticipation Andrew
Hi, could you consider doing a video on the use of electric scooters being used on the road please ? Far too many incredibly dangerous riders out there. Thanks
totally agree it causes multiple deaths and accidents every day. ooh sorry that was a motor vehicle. who would want a couple mile journey to work on a electric scooter when they can take the car
One of my fences is inside my property as there are several large trees on the actual boundary. So we had to put the fence inside the boundary. The good side faces into our garden.and the other side is a public footpath so no neighbour to annoy.
During the recent good weather our next-door neighbour has frequent BBQs and, as a 74 year old with asthma and COPD my wife and I have to stay indoors with every window shut. The guy next door is unwilling to help by relocating the fire to the far end of his garden more distant from our tiny garden.
No it's a civil matter so councils don't get involved, 1. Can you take down your neighbours fence if it is in your boundary ? 2. What do you do if your neighbour had erracted there down like and created a soak pitt in your garden and put the down pipe in there ? Can you cut it and throw it over ? 3. What do you do if your neighbour has errceted there rear extension on your property ? Boundary can you be compensated and I'm your experience how much would be reasonable amount for compensation ? And how would you go abouts doing this without ending up in course ?
Our fence as I’m taking from our property papers, deeds having a T on, only had a series of posts up as I was taken I’ll after removing the rusting wire between them and hadn’t got around to reconstructing yet. Last week, two sub contracted to a council workers arrived without notice and smashed down the concrete posts and cut my metal threads and bolts to remove my wooden posts I’d erected. I managed to stop them from encroaching further on my land to attach their new fence on my side of the last post at the end and to stop them removing a shorter fence outside my kitchen back door. I now have a fence of design I wouldn’t have chosen, replacing mine, poorly put up and with our council tenant neighbours claiming as their own. We have always had a good relationship with our neighbours but feel I need to do something as we now are no longer allowed to paint in the colour of our choice, refit an electric cable running to our lower end shed, which was still hanging on my posts, nor do anything as I’m told it would be criminal damage to touch, even though our fence (multiple posts) was effectively destroyed by the council subcontractors. Where do I stand as I don’t want nor am able to get into a multiple thousands of pounds legal case?
If it's your garden I'd put the face of the fence on the outside an keep posts an rails on in side that helps to stop people claim it an standing on the rails an peeping over.
My Mum lives next to a council tenant. It's a terrace property. The neighbour has been causing asb for many years, the council management decided the front of the tenants garden next to my Mum would have a 2m fence erected. Originally it was suppose to be 1m. They have erected the fence 2m and said they don't need planning permission. My Mum owns her own house. We have spoken to a solicitor they said the law states only 1m at the front. So have the council broken the law?
One more fence question: what height limits apply when the ground level is very different on each side of the boundary? Consider, for example, where the registered boundary is clearly marked by an old, sturdy, masonry retaining wall, and on one side the ground level is at the top of the wall, while the other is one or two metres lower. What height of fence (or hedge) would be permitted on top of the wall? I think another video on this subject might be needed. . . . .
The measurement is taken from ground level where the fence is erected. If the fence is built on top of an existing retaining wall and the (wall plus fence) exceeds the heights then it likely will need permission. Seek advice from your local planning authority if needed, general advice can only go so far as there are always exceptions.
@@8agpuss Thank you very much indeed for your helpful and informative reply. Fortunately, the fence I have in mind, which also happens to have been erected upon the curtilage of a listed property within a conservation area, is not my responsibility. It will be interesting to see what develops over this matter!
Being able to erect a fence is part of Permitted Development (PD). As you say, PD may he removed or restricted by listed or conservation status. PD may also be removed as part of previous planning permission - usually because the degree of development previously permitted is such that further development is deemed excessive. So it’s always worth checking the planning history. Some of that can be done online via your local authority’s planning web pages, but if it was a long time ago, you may need to inspect planning records at the council. A hedge at the roadside can naturally encroach over the footway. You may be require to cut it back if that becomes excessive. Boundary issues can be one of the biggest traumas in home ownership. Mostly, they are NOT planning issues - eg a fence encroaching past the boundary line. If it’s over-height, it may be, but bear in mind the view of ground level can be viewed differently of the land is sloped or stepped.
I've been searching through your vidoes, I would be interested to see a video on how best to get pupilages at a decent chambers? Just to help the potential junior bar.... Love your content by the way!
What about definitions of "adjacent". I.e. fences can be up to 1.0m in height where adjacent to a highway. Some council's I've dealt with have 2m as a cut off, i.e. any fence within 2.0m of a highway can be erected up to 1.0m in height
Very informative. What advice and legal protection would someone have if the council are not maintaining an area of land, immediately on the boundary of your property, and that land is in a state where is it severely overgrown, infested with vermin and posing a danger to public using the public path? In addition the growth restricts the view from a drive, making it dangerous for cars exiting the drive to view traffic on the road and public using the pathway?
Beautiful 🤗 armed with this knowledge now that my neighbor has damaged my fence and destroyed my trellis and hacked my wisteria last year and his tenant has now painted my fence black how do I proceed, by contacting the owner or the tenant
most areas 1.8m or 6ft for a fence without planning. you can put a trelace on top without planning. most stuff surounding boundry fences are myths. As long as you dont make the fence worse you can do prity much anythig (within reason) to your side as its on your land/property
Love the video. So my problem is. Iv got a really small rear garden and large front garden. So Iv decided to turn my front garden in to the mane garden so can I put up a 6ft fence to protect my childrens safety and for prancing eyes etc ?
Many moons ago I spent loads of pennies putting up a high quality wooden fence around my back garden. My dear neighbours to the left, painted their side with used engine oil 😱
I believe there is some specific law about fences next to ditches, drainage or streams not always demarking the boundary. Can you confirm or make a video regarding this.
It was my understanding that the fence was usually inside of the ditches on a farm boundary. If your fence has a ditch behind it you own that ditch. Would be great to hear a barristers view.
My neighbour has recently built a fence along the common border with the good side on his side with the posts and runners on my side. Problem is that the nails are too long and protrude and can snag clothing or scratch limbs. Do I have a remedy to have the nail points trimmed? (Scotland).
You do but your avenue would be a heath and safety officer from the council and they will possibly want proof that you have previously approached your neighbour to achieve a solution,,, it wouldn't be difficult to cut off the screws with an angle grinder but permission first as they are not your screws or ask the neighbour to cut them off 👍best not to conflate a situation if the neighbour says,, why didn't you ask or say something how big would we feel,,, just picked up two fence panels today to replace the neighbours fence that they originally bought but they are to old to fix it so we said we would do it, problem solved 👍
Hi BBB... not fences but was the nearest I could fine based on "Planning" but I wondered if there were any specific laws around loss of amenity, blight, intrusion from structure erected near to a property. In my case it relates to a 20 metre high mobile phone base station that will be sited 13 metres from my home. Council have already approved one plan, but another is being submitted that moves the base station 8 metres nearer, but they show no interest in opposing the operator (due to national planning guidance etc..) It will be visible at close distance from 9 of my windows and two sides of my home including garden - really intrusive, ugly and in my opinion blights my home. Many thanks.
We live in a grove that has had 3 new dwellings built and the lorry’s delivering the bricks, cement and other materials have churned up the road is the builder responsible for the road resurfacing of the road as a result of the delivery’s
I have had some landscaping carried out on my front and rear gardens. This involved planters in the form of sleepers around the the boundary of the front garden and a gate. The gate and planters are below 1 metre in height. The council planning services have contacted me to say that the structures are in breach of planning conditions due to the open plan aspect of the wider area, and must be removed. There is no such restrictive covenant on my deeds. How should I approach this because they are threatening an enforcement order.
My house/garden is on a hill which means the house behind me is lower down than my garden. Can I still have a 2 meter fence on my side as from my rear neighbours point of view it will look about 3.5 meter tall?
The 2m height limit is measured from the highest land adjacent to the fence. So imagine a fence which follows a slope, the end at the top of the slope can be 2m, and the bottom 2m + height of the slope from that point. I have a fence which is 2m high on the right, and 2.5m on the left, due to the slope right-to-left.
The 2 metres from the ground would include a 6-inch gravel board and a 6-foot panel making it 2 metres or 6' 6" in total, many people only erect a 6-foot fence thinking that it's the maximum height but adding a gravel board is allowed and stopped the panels from rotting at the bottom.
slightly confused here ... in Jan 2022 my partner hired a solicitor to determine who was responsible for her boundaries. She was told that all the T's marked on plans, left boundary ownership myths etc. have been blown away and there is new legislation stating "all boundary fences are jointly owned". Is that true??
I’ve built a taller fence on my land behind my neighbours small fence. There is now an 8” or so gap between the 2 fences. He is now stuffing all kinds of rubbish and rotting scrap wood (which is against my fence) inbetween the 2 fences but is technically on my land and in my garden, albeit behind my new fence. Can I demand he moves it or can I take it all out and place it back in his garden?
In the jurisdiction where I live,, the righthand rule applies. The L plate car gives way to the silver car to its right. Isn't that the same in this traffic circle situation?
Please help. My neighbour built a fence which was refused by local council recently. My fence has now been flagged as unlawful as i didnt do any planning permission. My fence has been up for 8 years and have had no complaints whatsoever. What i didnt know is when i purchased the house the deeds said nothing about conservation area and planning for a fence or shed. Do i have any chance in leaving my fence as is?
Hi mr Blackbelt ..., We have a disabled Mobility buggy ramp going into our rear conservatory double doors....Where the ramp meets the double doors the ramp is level to the ground height around the house but at the front face of the ramp looking into the garden it is 52cm above ground height because the garden ground slopes away......But like i say its a disable ramp for my daughter to gain entry into the house because her buggy does not fit through the front door..... My question would the 300mm decking height max limit apply to the disability ramp in this case....
I have a question. My unruly neighbour who is not a very nice person has decided to build a trellis attached to the fence making it alot taller. This trellis is very large and is very tall. It is at least 3.5m tall and is within 1 m of my house. It is blocking sunlight out of my kitchen. I don't know if I own that fence but I've tried speaking to him and it's a no go. What are my options here? I have looked up the law but it's not all clear cut. Could someone point me in the right direction please? Great content aswell love your videos.
Does anyone know when a housing provider in partnership with local authority plans to build housing literally at the bottom of your garden and as a result of the building is going to cut down 20 plus 50 year old heathy trees in a copse area. Is there a case for compensation for the home owner who’s now going to be looking at an 18 foot brick wall gable end ????? All thoughts please
Question A private path that the public use but the council does not maintain or any say over cuts my hedge. The council cut my hedge in this private path without contacting me yet they have no say on this path are they in their rights to do that?
I need to establish who is responsible for the RHS fence in the rear garden (facing away from the rear of the property). I tried the deeds and got a copy from the Land Registry but this didn’t help. Any ideas please?
Very informative, thank you!! Could you do something on restrictive covenants? I have one that says I cant drive over a boundary to get to my front garden ergo can't have a drive at the front but would like to get the covenant removed - any ideas?
You could try just ignoring it. Houses on my 1960s estate are not supposed to have any fences or walls or hedges around front gardens according to a covenant in the deeds. It is widely ignored. The original builder/developer who imposed it is presumably deceased or no longer in business so there would be no one to complain about it or to anyway.
My neighbour’s garage wall forms part of my garden boundary, does this mean I cannot hang an outside light on it, as it may be deemed as criminal damage?
My question is, there is a hedge between our neighbour and us, we believe we own it and so does our neighbour. They want to remove the hedge and replace it with a 2 meters fence. We objected and now we are in dispute. We both have a surveyor and a plan to support our opinion, we had surveyors meeting a nd nothing achieved. Except both sides' solicitors keeping send letters,any other way to solve this? Are you interested to take a look at our case? Thanks.
I have an 8 feet fence alongside a footpath and the PUBLIC still manage to throw fridges and sofa's over it on to my property, I'm not sure HOW HIGH I would have to go to stop this ,,,,, any ideas??
Hi what is the situations with walls between neighbours that are holding back a garden at a higher elevation. The deeds don't refer to it specifically. Is it down to just measuring the plot to decide who's land it is on? Old plans seem be a problem in that the diagrams are so small.
Good question, I have a similar situation my neighbour has built up their garden to level it. My wall is cracking now but they outright refuse to believe their actions have had any impact. Would love to know if I can get them to return there land to the original level.
I put up a 6 foot fence along my garden boundary. The neighbour immediately raised their garden levels so my fence is now 2ft 6" on their side. They sit and look down into my private space. The local council here says what the neighbour did is OK and its not in the public interest for them to take action. They also warned me I'm not immune to enforcement action if I raise my fence higher to regain my privacy. What would you do?
Can you talk about access to the rear. My neighbour has access to his through my garden and has started to take the mick using it as a main entrance. Can I tell him only to do it at certain time, or lock the gate?
I remember reading a case like this & I think you can place restrictions... but I think it depends on if he can only access through that way & how often. Example: fire exit/escape point.
It's a nightmare now as a London bus driver believe me people don't seem to have the common sense they were born with anymore. What with all these people on electric scooters the cyclists delivering takeaways and the pedestrians just walking out into the roads .. Tfl some years ago decided pedestrians should have the freedom to walk where they want and had the railings removed at the kerbs . And other street furniture. We london bus drivers were informed of these changes at a one day course . They have even removed the railings from outside some of the busiest tube stations so basically in my view Tfl have made our roads far more dangerous.
who should replace a fence which fallen over due to a strong wind, and you live in a housing association property, and in the agreement, you signed when you got the keys don't say anything about it, all it says they are responsible 'boundary fences', and the fence is between your garden and your neighbour garden?
Why should I have to pay landscapers for cutting my side of my neighbours hedge. I didn't plant it . It is a leylandii now over 20ft high on my side Hanging over my garden by 10ft. Neighbour has her side cut back and the top cut back but just leaves the thing to grow on my garden
Planting a hedge does not normally require planning permission (it is not development). But the effect of planning conditions on land may restrict planting of hedges.
Can you do a video on the following. Me and my colleagues are members of a GUILD in the entertainment industry. We have received complaints from members that one of our members is sexually harassing and bullying people at work. How do we tell him that we have received complaints of this kind and also inform him that he is no longer welcome as a member of the Guild without getting into some kind of defamation lawsuit and subject access request situation or breaching Data laws.
Hi BlackbeltBarrister can you help? I have a neighbour that is building a fence 2m high on their land. I need help explaining: issue 1 My driveway is higher the neighbours land where they wish to build the 2m fence that is part of their back garden which is at the side of my driveway. This will mean that the height of their fence at the lowest point (ground level on their land will be at a height of 1.6m from my drive view). The neighbour is planning to build the fence from 2m at my driveway ground level instead. Is this legal or allowed without planning permission? as by my calculations this would make the fence 2.4m+ issue 2 The neighbours plans to build a fence at 2m all the way along my driveway which restricts access on my drive when the car is parked. I also would point out that i will have limited visibility when reversing out of my drive as their is a footpath adjoining within 2m of my drive and the road. The neighbours original Stone fence was removed recently that was 3m away from the current proposed location for a fence that will be with 2" of my driveway retaining wall (a strip of land we deemed an access strip and maintained until recently, then being told it belongs to the neighbour by the neighbour). Issue 3 The neighbour has a front garden hedge that adjacent a footpath and road that also restricts my view of the pedestrian walking up the hill on the footpath next to the road and i cannot see down the hill, to check for traffic coming up the road as its obscured by their 2m front garden hedge. I live on the brow of a hill so need to drive into the property (rather than reverse into it) to reduce the risk of on-coming traffic that speed down the hill. It's also a difficult due to the level of the land and angle and issues with cars parking directly opposite reverse into my driveway. While checking the land registry i noticed that their property does not show they have any legal right to a front garden as it appears to be beyond their boundary lines as shown in red on their land registry map. This also impedes a public footpath and the red boundary line does not state the hedge front garden being part of their land but rather it should be a part of the public footpath. The neighbour front hedge now breaches the footpath and prevents wheelchair and pram access to pedestrians and at the side view prevents me see traffic coming up the hill when i leave the property. Which i see as a major H&S risk for pedestrians, cyclist and other road users including myself. I'm concerned now due to visibility issues and driveway restrictions caused by the fence and hedge accessing and leaving my property in my car. The neighbours have failed to be specific on the design or height and just stated it will be below planning permission. But they went back on their word already so now feel very concerned with the planned 2m wall close to the footpath and road. TY for Part 8 Anti social act 2003 info. I will look at that info. My feeling is they need planning permission before proceeding. What can i do? I have made inquiries rather than a complaint to the Planning authority but heard nothing so far. My concern is if a place an objection this will now come up on a report when selling my property. Can you help?
Have you done anything on PROW rights ? In particular relating to 2026 law change that will end disputed rights to ancients routes . Horse society and Ramblers making big efforts but great personalities such as yourself would I am sure help publicise this looming threat to our traditional freedoms 😢 Keep up the great work 👍
Why do neighbours take such offence all it is is a bit of wood why do people think others want to look in to your garden or your kitchen unless your up to something dodgy or kinky or both
I think it extraordinarily unlikely that you will be committing criminal damage by driving a nail into a neighbour's fence post. The police are going to have (literally) millions of more important things to deal with than that sort of thing. It will almost certainly be in the area of civil law unless there was some sort of malicious action.
I always recommend that my clients put the 'good' side of a post and clad fence to the neighbour's land for two reasons: 1) It helps in establishing the boundary in later years (the face of the fence) and it maintains the security of your fence - posts and rails on the neighbours side provides a good climbing opportunity to scale the fence that is supposedly protecting your property. We have 24 neighbours backing onto our property, the majority on a housing estate built in 1965. Our boundary, which is 'T' marked, is the old field hedge of hawthorn and holly with what was a ditch beyond. It is likely, as I understand it, that under English Common/Case law the ditch is also our property. Indeed, our storm water discharges into this ditch. Over the years the ditch has been filled in by my neighbours to use as part of their gardens. I don't have an issue to the loss of this land as it is beyond my maintenance ability and the drainage still functions for my storm water. What I do object to is that some of the neighbours have planted Leylandii 'weeds' immediately in front of the original field hedge that has slowly killed it over several years.
@@montbrehain I assume that with a plain ditch on the boundary line the ownership can be either neighbours or shared but in my case the legal principle is that whoever dug the ditch would have done so on their own land and the arisings would have been heaped on their own land, which is where the hedge would have grown. It's fortunate that our soil is heavy with gravel otherwise my neighbours would have boggy ground from our stormwater and the house built on the original field pond could have had subsidence as that is where the ditch drained to!!
Combining info from this clip and the "how to win a argument" clip has just helped me educate my local councils call center staff resulting in a personal win. Thankyou
The underlying message here is to get along with your neighbours, it seems to be a lost art, glad you posted this as it clears up a lot of assumptions.
Interesting. Thanks. Our previous next door neighbour many years ago put up decking which is 31" above ground level (old houses here with cellars) at the rear. I didn't realise that there was a height limit for decking. At the time, they hardly used it so it didn't bother me. New neighbours use it quite a lot for gatherings and when stood up, they can see right over our garden and also into the kitchen. Complained to the Council but they said as it was over 6 years ago, couldn't do anything about it. My fault for not checking.
Fence is 6ft high but I'm going to be adding 2ft to this with extension panels and to hell with planning permission.
exactly the same circumstances here. house next door had high decking already when we moved in, we put up an 8ft ft fence on our side, (6ft higher than the decking on theirs side) rear gardens. Everybody happy
I always have the 'bad' side of the fence on my side so any interloper has easy access out and the 'good' side facing out to dissuade anyone easily climbing in.
If you put a fence up next to their fence but on your land you can then put up a fence 2m+ because it's not a fence it's a garden construction. Had to do this myself as my neighbor is an complete a&£e his fence was in complete disrepair and refused to communicate on any level. You only lose approximately 4" the thickness of the fence post.....worked a treat👍
Judge: did you kick him in defence?
Defendant: no sah. I kicked him in de leg. He fell over de fence.
😁
One of my late dad's favourites and I couldn't resist.
Back in the mid 19780's we had a fence dispute (sort of) with the MOD our farm land ran alongside the airfield (RAF Marham) at weekends and some other days we would get invaded by the territorial airfield defense regiment and on occasion the bases shooting syndicate. We asked the camp commander to install a fence to which he said he would love to as it was a security concern but the MOD would not pay for it. We ran some barbed wire on our side under tension on steel posts and found that the squaddie's were cutting it in order to continue to get onto our land.
I have so many of these challenges with my neighbor going on right now. Your information is super useful. Small bone of contention we have is they have parked an estate car next to the boundary. It's been SORN for 12+ years. So we have put a hedge in to hide it. This video is very useful to know how high I can grow it. Thank you for your advice.
Good topic. All good points, we have great neighbours thank god. It can be a nightmare with an inconsiderate neighbour.
Great topic this one. Our neighbours had a dispute a couple of years back. One neighbour erected a fence on a wall separating their respective gardens. Turns out the wall belonged to the other neighbour who asked them to take it down. They refused and needless to say it got aggesive. eventually the fence was taken down. To make matters worse the fence was appalling.
@BlackBeltBarrister - The above video is excellent, I wish I'd seen this sooner! Sadly in my case it's of little use if the Police won't protect homeowners when a neighbour decides to cause criminal damage to your garden fence. I replaced my boundary fence three years ago and decided to give myself the good side seeing as I paid for it. Everything was fine with my neighbour until 13 months later when she said she no longer liked my fence and all her visitors said it was ugly! She then said I have to turn it around as she is supposed to have the good side. To go one step further and to try and scare me into taking action she even accused me of land theft. Luckily I have before and after photos and a copy of my deeds so she has no evidence to the contrary. Eventually things escalated and the neighbours boyfriend started damaging my fence by drilling into it and attaching things to it. I did take some legal advice and wrote her a letter instructing her to remove the attached items and not to cause any further damage, this also included painting her side. I also informed the Police that she was harassing me and causing criminal damage to my property. The Police were of no help and said initially that it was a civil matter however when I pointed out that criminal damage was a Police matter they phoned her and told her not to damage my property again. Sine then she has drilled further holes which again required a further phone call to the Police. Again they were reluctant to to take action and said it wasn't in the public interest to arrest a woman in her 70's and no further action could be taken. I did say that if they refused to take action I would make a complaint so they did speak to her again but she wasn't cautioned or arrested as I had hoped. It seems that Thames Valley Police have a policy of 'no further action' if the defendant is over 70 which is totally unacceptable in my opinion. The law is the law and nobody has the right to damage property belonging to another regardless of age. I wanted the police to take action for what she did and now my fence is damaged albeit superficially and I'm the one who lives in constant fear of what she might do next.
I'm sure the local council would have an over 70's arrested for non-payment of council tax, pretty damn quick
It’s almost like you read my mind. People are going through a stage of parking on my lawn to go to the takeaway - not cool! So I’m going to put a little white picket fence up. But no higher than 1m 😜 thanks very much 😊
Exactly!!
@@MG-nm9gt lol sorry do you have a channel as you are clearly in the know law wise ?
A trench - filled as an ornamental pond - would be cheaper
And *MUCH* more fun
(Beside, you can bet some clod will run into your fence)
Better check with Dan the BBB what the laibilities could be before digging 'tho
Depending on the better side of the fence. I had the understanding that one always puts the better side on the person who owns the fence. I have seen this in my own garden with no objections. Also livestock proof fencing, the barbed wire is the owners side of a fence / hedge and it also makes things easier to tidy a hedge in future when hedge cutting.
The way i understand it (in laymans speak) when erecting a fence the inside (with spars for fixing) goes to the inside, so the fence gets fixed facing the neighbor, no spars??
When the fence needs sorting we usually come to an arrangement to go halves on any costs the last 3 owners next door have been more than happy with that plan.
I feel the answer is very obvious. It would be very stupid to go to B&Q to buy a random selection of posts and panels and then hope to erect an adequate fence! I would always carefully plan the structure first.
Oh, by the way, it may sometimes be necessary to get Planning Permission as well.
What an invaluable source of information you are!
The fence around my property is MINE, its all on my land as I had it put up 6" inside my border and paid for it all my self, so I keep it maintained and paint it what ever colour I see fit, luckily my neighbour's like rusty red.
Very interesting Dan, thank you. I wouldn't want to commit an offence over a fence.
Prince Maktoum of Dubai built a security Fence around his property in Ascot.
Broke all planning permission but council never enforced.
probably paid the council handsomely
We have two oak trees outside my house which have grown massively over the 31 years we have lived here and now cast a huge shaddow on our garden. The council used to prune them every year but this stopped over 20 years ago and now they refuse to cut back the tree giving the excuse of squirel and bird habitat and cleaning the air!
Very useful. I don't know how it will help me with my neighbour who likes to do, then apologise after it's too late, but I'll give it a go. Thank you (I'll post a comment about the result).
Nothing like a fence or hedge to cause a war! I have a long drive between a road and a field. The field has a boundary fence consists of posts sheep mesh and barbed wire, the posts being on my side. The field was sold from my property in 1975 before either I or the field owner, owned our properties. The contract of sale says that the field owner will maintain the fence (he doesn't) and he says this means he owns it. He has hung notices on the gate and posts - he has access (all times, all purposes) over my drive at the road end. The biggest problem is that the access is now being damaged by large tractors. And I particularly wanted a property without neighbours!!
Great advice as always sir. First speak to the neighbours to respect and resolve any issues in hand if not sure of whom is who’s.
In Australia a fence shared with a neighbour is equally owned by both property owners, sometimes you can't replace or re-picket a fence without the neighbour's permission, the cost of fencing shared between properties is also split between both property owners. Swimming pools must be fenced by law & have child proof gates, any fence over 1.8 metres in height requires council approval.
Excellently presented as always, interesting information. Thank you as always ♥️
I have a property with a drive that could be deemed as a shared drive, however on research I read that if the centre of the drive is the boundary to my title on my deeds then it is not a shared drive, that being the case as long as I don’t obstruct the neighbours access then I can erect a boundary fence,
The boundaries are very clear on the title deed produced by the developer,
The neighbour has extended his front garden to cover a third of his drive adjacent to his property, as well as the title deed the splay of the drive where it joins the hi ways illustrated by the Kirby stones shows the drives original position, there are no caveats that allow him to use my side of the drive so I see no reason not to erect a boundary fence after allowing a reasonable amount of time for him to rectify his error by turning part of his drive into a garden.
Thanks in anticipation Andrew
Hi, could you consider doing a video on the use of electric scooters being used on the road please ? Far too many incredibly dangerous riders out there. Thanks
Make it law they ware Hi Vis vests
@@nosajkrad if you cant see a person without a hi vis vest in broad day light you shouldn’t be driving.
Legislate against the riders, not the vehicles.
totally agree it causes multiple deaths and accidents every day. ooh sorry that was a motor vehicle. who would want a couple mile journey to work on a electric scooter when they can take the car
One of my fences is inside my property as there are several large trees on the actual boundary. So we had to put the fence inside the boundary. The good side faces into our garden.and the other side is a public footpath so no neighbour to annoy.
During the recent good weather our next-door neighbour has frequent BBQs and, as a 74 year old with asthma and COPD my wife and I have to stay indoors with every window shut. The guy next door is unwilling to help by relocating the fire to the far end of his garden more distant from our tiny garden.
No it's a civil matter so councils don't get involved,
1. Can you take down your neighbours fence if it is in your boundary ?
2. What do you do if your neighbour had erracted there down like and created a soak pitt in your garden and put the down pipe in there ? Can you cut it and throw it over ?
3. What do you do if your neighbour has errceted there rear extension on your property ? Boundary can you be compensated and I'm your experience how much would be reasonable amount for compensation ? And how would you go abouts doing this without ending up in course ?
Our fence as I’m taking from our property papers, deeds having a T on, only had a series of posts up as I was taken I’ll after removing the rusting wire between them and hadn’t got around to reconstructing yet. Last week, two sub contracted to a council workers arrived without notice and smashed down the concrete posts and cut my metal threads and bolts to remove my wooden posts I’d erected. I managed to stop them from encroaching further on my land to attach their new fence on my side of the last post at the end and to stop them removing a shorter fence outside my kitchen back door. I now have a fence of design I wouldn’t have chosen, replacing mine, poorly put up and with our council tenant neighbours claiming as their own. We have always had a good relationship with our neighbours but feel I need to do something as we now are no longer allowed to paint in the colour of our choice, refit an electric cable running to our lower end shed, which was still hanging on my posts, nor do anything as I’m told it would be criminal damage to touch, even though our fence (multiple posts) was effectively destroyed by the council subcontractors. Where do I stand as I don’t want nor am able to get into a multiple thousands of pounds legal case?
No, I don't need planning for a fence. But thank you for asking.
See Easyfence Ltd a concrete post extender with no digging, FANTASTIC!
Thank you
I have learned something today regarding the fencing
Once again thank you
Yes you do need permission 6 foot back and 4 foot front
Thankyou for your time! Very helpful,
If it's your garden I'd put the face of the fence on the outside an keep posts an rails on in side that helps to stop people claim it an standing on the rails an peeping over.
Thank you!
My Mum lives next to a council tenant. It's a terrace property. The neighbour has been causing asb for many years, the council management decided the front of the tenants garden next to my Mum would have a 2m fence erected. Originally it was suppose to be 1m.
They have erected the fence 2m and said they don't need planning permission. My Mum owns her own house. We have spoken to a solicitor they said the law states only 1m at the front. So have the council broken the law?
One more fence question: what height limits apply when the ground level is very different on each side of the boundary? Consider, for example, where the registered boundary is clearly marked by an old, sturdy, masonry retaining wall, and on one side the ground level is at the top of the wall, while the other is one or two metres lower. What height of fence (or hedge) would be permitted on top of the wall? I think another video on this subject might be needed. . . . .
The measurement is taken from ground level where the fence is erected. If the fence is built on top of an existing retaining wall and the (wall plus fence) exceeds the heights then it likely will need permission. Seek advice from your local planning authority if needed, general advice can only go so far as there are always exceptions.
@@8agpuss Thank you very much indeed for your helpful and informative reply. Fortunately, the fence I have in mind, which also happens to have been erected upon the curtilage of a listed property within a conservation area, is not my responsibility. It will be interesting to see what develops over this matter!
Being able to erect a fence is part of Permitted Development (PD). As you say, PD may he removed or restricted by listed or conservation status. PD may also be removed as part of previous planning permission - usually because the degree of development previously permitted is such that further development is deemed excessive. So it’s always worth checking the planning history. Some of that can be done online via your local authority’s planning web pages, but if it was a long time ago, you may need to inspect planning records at the council.
A hedge at the roadside can naturally encroach over the footway. You may be require to cut it back if that becomes excessive.
Boundary issues can be one of the biggest traumas in home ownership. Mostly, they are NOT planning issues - eg a fence encroaching past the boundary line. If it’s over-height, it may be, but bear in mind the view of ground level can be viewed differently of the land is sloped or stepped.
I've been searching through your vidoes, I would be interested to see a video on how best to get pupilages at a decent chambers? Just to help the potential junior bar.... Love your content by the way!
Great suggestion!
What about definitions of "adjacent". I.e. fences can be up to 1.0m in height where adjacent to a highway. Some council's I've dealt with have 2m as a cut off, i.e. any fence within 2.0m of a highway can be erected up to 1.0m in height
Hi, did you ever get an answer to this. Looking for info on the exact same thing 🤔
Good fences make good neighbors. Frost, The Mending Wall.
Very informative. What advice and legal protection would someone have if the council are not maintaining an area of land, immediately on the boundary of your property, and that land is in a state where is it severely overgrown, infested with vermin and posing a danger to public using the public path? In addition the growth restricts the view from a drive, making it dangerous for cars exiting the drive to view traffic on the road and public using the pathway?
Beautiful 🤗 armed with this knowledge now that my neighbor has damaged my fence and destroyed my trellis and hacked my wisteria last year and his tenant has now painted my fence black how do I proceed, by contacting the owner or the tenant
most areas 1.8m or 6ft for a fence without planning. you can put a trelace on top without planning. most stuff surounding boundry fences are myths. As long as you dont make the fence worse you can do prity much anythig (within reason) to your side as its on your land/property
Our deeds simply state that 'all fences are shared' - does that mean that you 'both have to agree' or that 'either of you can fix/maintain them'.
Love the video. So my problem is. Iv got a really small rear garden and large front garden. So Iv decided to turn my front garden in to the mane garden so can I put up a 6ft fence to protect my childrens safety and for prancing eyes etc ?
Many moons ago I spent loads of pennies putting up a high quality wooden fence around my back garden. My dear neighbours to the left, painted their side with used engine oil 😱
I believe there is some specific law about fences next to ditches, drainage or streams not always demarking the boundary. Can you confirm or make a video regarding this.
It was my understanding that the fence was usually inside of the ditches on a farm boundary. If your fence has a ditch behind it you own that ditch.
Would be great to hear a barristers view.
My neighbour has recently built a fence along the common border with the good side on his side with the posts and runners on my side. Problem is that the nails are too long and protrude and can snag clothing or scratch limbs. Do I have a remedy to have the nail points trimmed? (Scotland).
You do but your avenue would be a heath and safety officer from the council and they will possibly want proof that you have previously approached your neighbour to achieve a solution,,, it wouldn't be difficult to cut off the screws with an angle grinder but permission first as they are not your screws or ask the neighbour to cut them off 👍best not to conflate a situation if the neighbour says,, why didn't you ask or say something how big would we feel,,, just picked up two fence panels today to replace the neighbours fence that they originally bought but they are to old to fix it so we said we would do it, problem solved 👍
Many thanks, hopefully the situation will be resolved.
Hi BBB... not fences but was the nearest I could fine based on "Planning" but I wondered if there were any specific laws around loss of amenity, blight, intrusion from structure erected near to a property. In my case it relates to a 20 metre high mobile phone base station that will be sited 13 metres from my home. Council have already approved one plan, but another is being submitted that moves the base station 8 metres nearer, but they show no interest in opposing the operator (due to national planning guidance etc..) It will be visible at close distance from 9 of my windows and two sides of my home including garden - really intrusive, ugly and in my opinion blights my home. Many thanks.
We live in a grove that has had 3 new dwellings built and the lorry’s delivering the bricks, cement and other materials have churned up the road is the builder responsible for the road resurfacing of the road as a result of the delivery’s
I have had some landscaping carried out on my front and rear gardens. This involved planters in the form of sleepers around the the boundary of the front garden and a gate. The gate and planters are below 1 metre in height. The council planning services have contacted me to say that the structures are in breach of planning conditions due to the open plan aspect of the wider area, and must be removed. There is no such restrictive covenant on my deeds. How should I approach this because they are threatening an enforcement order.
please do one about trees on borders
My house/garden is on a hill which means the house behind me is lower down than my garden. Can I still have a 2 meter fence on my side as from my rear neighbours point of view it will look about 3.5 meter tall?
The 2m height limit is measured from the highest land adjacent to the fence. So imagine a fence which follows a slope, the end at the top of the slope can be 2m, and the bottom 2m + height of the slope from that point. I have a fence which is 2m high on the right, and 2.5m on the left, due to the slope right-to-left.
What is ground level, if both sides of the fence are different?
The 2 metres from the ground would include a 6-inch gravel board and a 6-foot panel making it 2 metres or 6' 6" in total, many people only erect a 6-foot fence thinking that it's the maximum height but adding a gravel board is allowed and stopped the panels from rotting at the bottom.
slightly confused here ... in Jan 2022 my partner hired a solicitor to determine who was responsible for her boundaries. She was told that all the T's marked on plans, left boundary ownership myths etc. have been blown away and there is new legislation stating "all boundary fences are jointly owned". Is that true??
I’ve built a taller fence on my land behind my neighbours small fence. There is now an 8” or so gap between the 2 fences. He is now stuffing all kinds of rubbish and rotting scrap wood (which is against my fence) inbetween the 2 fences but is technically on my land and in my garden, albeit behind my new fence. Can I demand he moves it or can I take it all out and place it back in his garden?
In the jurisdiction where I live,, the righthand rule applies.
The L plate car gives way to the silver car to its right.
Isn't that the same in this traffic circle situation?
helpful,thanx
Need to in Scotland
Please help. My neighbour built a fence which was refused by local council recently. My fence has now been flagged as unlawful as i didnt do any planning permission. My fence has been up for 8 years and have had no complaints whatsoever. What i didnt know is when i purchased the house the deeds said nothing about conservation area and planning for a fence or shed. Do i have any chance in leaving my fence as is?
Hi mr Blackbelt ..., We have a disabled Mobility buggy ramp going into our rear conservatory double doors....Where the ramp meets the double doors the ramp is level to the ground height around the house but at the front face of the ramp looking into the garden it is 52cm above ground height because the garden ground slopes away......But like i say its a disable ramp for my daughter to gain entry into the house because her buggy does not fit through the front door.....
My question would the 300mm decking height max limit apply to the disability ramp in this case....
Hi on a traffic stop, do you have to leave your vehicle when asked by the police and sit in there patrol car for questioning.
is a side rd classed as a highway also can you take land that has not been looked after after 10 years nx to your property
I have a question. My unruly neighbour who is not a very nice person has decided to build a trellis attached to the fence making it alot taller. This trellis is very large and is very tall. It is at least 3.5m tall and is within 1 m of my house. It is blocking sunlight out of my kitchen. I don't know if I own that fence but I've tried speaking to him and it's a no go. What are my options here? I have looked up the law but it's not all clear cut. Could someone point me in the right direction please? Great content aswell love your videos.
Does anyone know when a housing provider in partnership with local authority plans to build housing literally at the bottom of your garden and as a result of the building is going to cut down 20 plus 50 year old heathy trees in a copse area. Is there a case for compensation for the home owner who’s now going to be looking at an 18 foot brick wall gable end ????? All thoughts please
Neighbors pinch land during works how do you stop them in their tracks...or not
Buy a gun 🔫🤪😎
Paint fight
Question
A private path that the public use but the council does not maintain or any say over cuts my hedge.
The council cut my hedge in this private path without contacting me yet they have no say on this path are they in their rights to do that?
The wind has destroyed my garden fence in the back garden and the council have said they don't have to fix it or replace it. Is that true???
But what if the hedge/tree straddles the boarder, ie it is equally in both gardens?
I need to establish who is responsible for the RHS fence in the rear garden (facing away from the rear of the property). I tried the deeds and got a copy from the Land Registry but this didn’t help. Any ideas please?
Very informative, thank you!! Could you do something on restrictive covenants? I have one that says I cant drive over a boundary to get to my front garden ergo can't have a drive at the front but would like to get the covenant removed - any ideas?
You could try just ignoring it. Houses on my 1960s estate are not supposed to have any fences or walls or hedges around front gardens according to a covenant in the deeds. It is widely ignored. The original builder/developer who imposed it is presumably deceased or no longer in business so there would be no one to complain about it or to anyway.
My neighbour’s garage wall forms part of my garden boundary, does this mean I cannot hang an outside light on it, as it may be deemed as criminal damage?
I cycle to work, I use bike lights rather than reflectors. Is this ok? Or do I have to have reflectors aswell?
My question is, there is a hedge between our neighbour and us, we believe we own it and so does our neighbour. They want to remove the hedge and replace it with a 2 meters fence. We objected and now we are in dispute. We both have a surveyor and a plan to support our opinion, we had surveyors meeting a nd nothing achieved. Except both sides' solicitors keeping send letters,any other way to solve this? Are you interested to take a look at our case? Thanks.
My neighbour has erected a fence right in front of my front living room on his side of the land. The fence is ugly can I do anything about this.?
I have an 8 feet fence alongside a footpath and the PUBLIC still manage to throw fridges and sofa's over it on to my property, I'm not sure HOW HIGH I would have to go to stop this ,,,,, any ideas??
Hi what is the situations with walls between neighbours that are holding back a garden at a higher elevation. The deeds don't refer to it specifically. Is it down to just measuring the plot to decide who's land it is on? Old plans seem be a problem in that the diagrams are so small.
Good question, I have a similar situation my neighbour has built up their garden to level it. My wall is cracking now but they outright refuse to believe their actions have had any impact. Would love to know if I can get them to return there land to the original level.
I put up a 6 foot fence along my garden boundary. The neighbour immediately raised their garden levels so my fence is now 2ft 6" on their side. They sit and look down into my private space. The local council here says what the neighbour did is OK and its not in the public interest for them to take action. They also warned me I'm not immune to enforcement action if I raise my fence higher to regain my privacy. What would you do?
Not fair & sounds unpleasant (I like my privacy so I can only imagine) but maybe Get a canopy?
Can you talk about access to the rear. My neighbour has access to his through my garden and has started to take the mick using it as a main entrance. Can I tell him only to do it at certain time, or lock the gate?
I remember reading a case like this & I think you can place restrictions... but I think it depends on if he can only access through that way & how often. Example: fire exit/escape point.
It's a nightmare now as a London bus driver believe me people don't seem to have the common sense they were born with anymore. What with all these people on electric scooters the cyclists delivering takeaways and the pedestrians just walking out into the roads .. Tfl some years ago decided pedestrians should have the freedom to walk where they want and had the railings removed at the kerbs . And other street furniture. We london bus drivers were informed of these changes at a one day course . They have even removed the railings from outside some of the busiest tube stations so basically in my view Tfl have made our roads far more dangerous.
How do I appeal section 106 on the back of my property
you may have already done one, or think it has been done to death by others, but what are the particulars about the TV licencing law?
ua-cam.com/video/bHwPvI2W-3Q/v-deo.html
who should replace a fence which fallen over due to a strong wind, and you live in a housing association property, and in the agreement, you signed when you got the keys don't say anything about it, all it says they are responsible 'boundary fences', and the fence is between your garden and your neighbour garden?
Why should I have to pay landscapers for cutting my side of my neighbours hedge.
I didn't plant it .
It is a leylandii now over 20ft high on my side
Hanging over my garden by 10ft.
Neighbour has her side cut back and the top cut back but just leaves the thing to grow on my garden
So if your fence is along a highway thus only 1m in height does that mean that you can't grow the hedge higher than that upto 2m then?
Planting a hedge does not normally require planning permission (it is not development). But the effect of planning conditions on land may restrict planting of hedges.
Can you do a video on the following. Me and my colleagues are members of a GUILD in the entertainment industry. We have received complaints from members that one of our members is sexually harassing and bullying people at work. How do we tell him that we have received complaints of this kind and also inform him that he is no longer welcome as a member of the Guild without getting into some kind of defamation lawsuit and subject access request situation or breaching Data laws.
What’s with the captains having so many errors?
Hi BlackbeltBarrister can you help?
I have a neighbour that is building a fence 2m high on their land.
I need help explaining:
issue 1
My driveway is higher the neighbours land where they wish to build the 2m fence that is part of their back garden which is at the side of my driveway. This will mean that the height of their fence at the lowest point (ground level on their land will be at a height of 1.6m from my drive view). The neighbour is planning to build the fence from 2m at my driveway ground level instead. Is this legal or allowed without planning permission? as by my calculations this would make the fence 2.4m+
issue 2
The neighbours plans to build a fence at 2m all the way along my driveway which restricts access on my drive when the car is parked. I also would point out that i will have limited visibility when reversing out of my drive as their is a footpath adjoining within 2m of my drive and the road.
The neighbours original Stone fence was removed recently that was 3m away from the current proposed location for a fence that will be with 2" of my driveway retaining wall (a strip of land we deemed an access strip and maintained until recently, then being told it belongs to the neighbour by the neighbour).
Issue 3
The neighbour has a front garden hedge that adjacent a footpath and road that also restricts my view of the pedestrian walking up the hill on the footpath next to the road and i cannot see down the hill, to check for traffic coming up the road as its obscured by their 2m front garden hedge. I live on the brow of a hill so need to drive into the property (rather than reverse into it) to reduce the risk of on-coming traffic that speed down the hill. It's also a difficult due to the level of the land and angle and issues with cars parking directly opposite reverse into my driveway.
While checking the land registry i noticed that their property does not show they have any legal right to a front garden as it appears to be beyond their boundary lines as shown in red on their land registry map. This also impedes a public footpath and the red boundary line does not state the hedge front garden being part of their land but rather it should be a part of the public footpath. The neighbour front hedge now breaches the footpath and prevents wheelchair and pram access to pedestrians and at the side view prevents me see traffic coming up the hill when i leave the property. Which i see as a major H&S risk for pedestrians, cyclist and other road users including myself.
I'm concerned now due to visibility issues and driveway restrictions caused by the fence and hedge accessing and leaving my property in my car.
The neighbours have failed to be specific on the design or height and just stated it will be below planning permission. But they went back on their word already so now feel very concerned with the planned 2m wall close to the footpath and road.
TY for Part 8 Anti social act 2003 info. I will look at that info.
My feeling is they need planning permission before proceeding. What can i do? I have made inquiries rather than a complaint to the Planning authority but heard nothing so far. My concern is if a place an objection this will now come up on a report when selling my property.
Can you help?
Have you done anything on PROW rights ? In particular relating to 2026 law change that will end disputed rights to ancients routes . Horse society and Ramblers making big efforts but great personalities such as yourself would I am sure help publicise this looming threat to our traditional freedoms 😢
Keep up the great work 👍
Gteat advice ...thankyou
Do not special rules apply to Leylandii hedges?
Probably not, but creosote and/or battery acid normally sorts these things out.
Why do neighbours take such offence all it is is a bit of wood why do people think others want to look in to your garden or your kitchen unless your up to something dodgy or kinky or both
I think it extraordinarily unlikely that you will be committing criminal damage by driving a nail into a neighbour's fence post. The police are going to have (literally) millions of more important things to deal with than that sort of thing. It will almost certainly be in the area of civil law unless there was some sort of malicious action.
You need permission to live theses days in the U.K.
I always recommend that my clients put the 'good' side of a post and clad fence to the neighbour's land for two reasons: 1) It helps in establishing the boundary in later years (the face of the fence) and it maintains the security of your fence - posts and rails on the neighbours side provides a good climbing opportunity to scale the fence that is supposedly protecting your property.
We have 24 neighbours backing onto our property, the majority on a housing estate built in 1965. Our boundary, which is 'T' marked, is the old field hedge of hawthorn and holly with what was a ditch beyond. It is likely, as I understand it, that under English Common/Case law the ditch is also our property. Indeed, our storm water discharges into this ditch. Over the years the ditch has been filled in by my neighbours to use as part of their gardens. I don't have an issue to the loss of this land as it is beyond my maintenance ability and the drainage still functions for my storm water. What I do object to is that some of the neighbours have planted Leylandii 'weeds' immediately in front of the original field hedge that has slowly killed it over several years.
I too have a ditch adjoining my land. It seems that I am responsible to the halfway point ( although I generally keep the whole thing clean )
@@montbrehain I assume that with a plain ditch on the boundary line the ownership can be either neighbours or shared but in my case the legal principle is that whoever dug the ditch would have done so on their own land and the arisings would have been heaped on their own land, which is where the hedge would have grown. It's fortunate that our soil is heavy with gravel otherwise my neighbours would have boggy ground from our stormwater and the house built on the original field pond could have had subsidence as that is where the ditch drained to!!