Fencing dispute

[117 M34]

How fit is the neighbours wife?

*whistles*

She'd be a bit too old for you bill

 

[Sky Blue Thinking]

How fit is the neighbours wife?

Not very I'd guess, otherwise why such a high fence?

 

[OccupiedPalestineBlues]

I think what people are missing here is that the ‘fence’ is not a ‘fence’ and boundary rules don’t apply because it’s not forming a boundary.
The OP stated that he was putting his ‘fence’ up on his own land and that the original boundary fence is staying in place.
Ergo; no boundary dispute as the thing he is erecting is a garden feature not a fence and not on a boundary.
Other rules may apply but the 1.8m fence height one certainly won’t.

 

[Barcon]

I think what people are missing here is that the ‘fence’ is not a ‘fence’ and boundary rules don’t apply because it’s not forming a boundary.
The OP stated that he was putting his ‘fence’ up on his own land and that the original boundary fence is staying in place.
Ergo; no boundary dispute as the thing he is erecting is a garden feature not a fence and not on a boundary.
Other rules may apply but the 1.8m fence height one certainly won’t.

It's a fence by definition.

To the O.P, does the person installing the fence not know how tall it should be?

 

[Mr Kobayashi]

Boundary Disputes Knowing Where to Draw The Line for Fencing | Jacksons Fencing

www.jacksons-fencing.co.uk

HOW HIGH CAN FENCING BE AROUND MY BOUNDARY?​

No planning permission is required for a wall or fence that is under 2m in height. However, if that wall or fence is adjacent to a highway (including a footpath) then the height of a wall or fence cannot exceed 1m without planning permission.

Some Local Authorities will allow people to add trellis to the top of their wall or fence without taking any further action. However, this will depend upon the particular policy of that Local Authority and the circumstances of the case.

When measuring the height of the fence, normally this would be measured from the natural ground level of the fence owner’s property. However, where the ground levels on either side of the fence are significantly different, the height should be measured from the lower ground level.

If you wish to erect a fence that is higher than that which is permitted without planning permission then your only option would be to make an application for permission to your Local Authority. Interestingly, planning permission is not normally needed for any hedge that is positioned upon a boundary whatever its height or location. Although, the Highways Authority can take action against the homeowner if a hedge has been allowed to grow out of control to the extent that it is obstructing a footpath or highway.

You should also check your deeds to see if there is a covenant restricting the height or position of a boundary structure.

CAN I MAKE MY NEIGHBOUR REDUCE THE HEIGHT OF THEIR FENCE?​

Provided your neighbour’s fence is under 2m in height or if adjacent to a highway or footpath is not less than 1m in height then (in the absence of a restrictive covenant which you can enforce) it will not be possible to force your neighbour to reduce the height of their fence.

However, when considering the height of your neighbour’s fence if the ground on either side of the fence is at different levels then you must ensure that you measure from the lowest ground level and not the highest.

Therefore, if the ground level between two properties differed by half a metre at the boundary point then when measuring the height of the fence the half metre would need to be taken into account and the fence erected should not be more than 1.5m in height when standing on the higher ground.

If your neighbour’s fence exceeds 2m, taking into account any difference in ground levels, or exceeds 1m when it is adjacent to a highway or footpath, then it may be possible to apply to your Local Authority and ask them to take steps to require your neighbour to reduce the height of their fence in accordance with the regulations.

However, it very much depends upon the policy of individual Local Authority’s as to whether they would be prepared to take action to compel the reduction of the height of the fence.

 

[Bill Walker]

If she's breathing, do you care?

Some people are fussy.
I know @dronefromsector7G prefers four legs for example.

 

[Mr Kobayashi]

Where there's a will, there's a way.

Build up the level of your garden immediately next to the fence, so that the fence only extends 1.7 metres above the new ground level.

That little trick must have been tried before because it's measured from the lowest ground level to prevent it.

where the ground levels on either side of the fence are significantly different, the height should be measured from the lower ground level.

 

[LWashington]

I thought this thread was going to be about Boris Onischenko.

 

[LWashington]

She'd be a bit too old for you bill

 

[jma]

So your neighbour now has the original fence and then your big fence sticking out behind it.

That'll look utterly mental and wank from that side, surely?

I reckon I'd be a bit put out.