Who is guest?
how far from a neighbours window can I erect a 2m fence
why not talk to the neighbour, see what would be excepable to you both, we gardners are a frendly lot,and I for one do not wish to add to a dispute!
8 Dec, 2009
I would guess on the boundry line between you and your neighbour.
Yes, on your boundary often about 2 metres for courtesy, and to give privacy.
It must follow the boundary line exactly to avoid disputes.
how dose one go on with a pair of semedetached with bay windows four feet apart,,a dispute I had to sort out , the only way must start with both parties shaking hands,
My understanding is that there is no 'right to light', so a neighbour has no recourse if the only thing wrong is that it takes away their light. I'm guessing there must be a maximum height to a fence...not sure what that would be...6ft?? Most new estates have that anyway.
If you are going to erect the fence along the boundary line, make sure you have the legal responsibility for the maintainence of the boundary first. This information can be found on the title plan marked with an inverted 'T'. If it isn't, your solicitor either didn't bother to ask when you exchanged contracts, or the previous owner didn't know. It should be in the Sellers Property Information Form (SPIF)
also not htat no part of fence must exten beyon hte line, include posts an concrete in wich htey sit
The simple answer to your question is, 1.8 mtrs to the rear of the property and 1.2 mtrs to the front!
To clarify that, the fence can run from the rear boundary of your garden to the front line of your house at 1.8 mtrs and then can be no more than 1.2 mtrs to the front boundary of the property but you must get planning permission before you erect it!
9 Dec, 2009
Is the planning permission for a boundary fence 2mtrs or less a new requirement ?
Do you need planning permission for a back fence 2 metres high on your own boundary?
You ask how far from? my thoughts are if you put a fence inside your own boundary in time the neighbour may try to claim the bit of land that side of the fence? Could you just put up some screening if you are over looked?
I only know because our lovely neighbour complained about our new fence and I had to apply for permission retrospectively or take it down! Needless to say I was granted this as my fence was 1.8 mtrs. I already knew about the height limit! There may also be conditions attached regarding painting/staining etc. and it's appearance. I would always recommend contacting your local planning office before doing any work as there may be other stipulations!
Still doesn't answer my query, I was under the impression that no planning permission is required for an boundary fence dividing properties if it was 1.8 meters or 6 feet or less... or at least I always thought that used to be the case ?
Thats what I understood that too Bluespruce - but not in the front where rules do apply
I'm sorry Bluespruce I should have said that my neighbours complained and the local planners came around and inspected my fence. He said that I should have applied for planning before erecting the fence, he then went on to measure the height before asking me to fill in a planning application. He took this away and approx. two weeks later I got an official letter approving my application! I can not comment any further than this, sorry if it doesn't help.
Did you have to pay for that Ian?
No Sid, The guy came, had a cup of coffee (two sugars!) and left with the paper work promising a response as soon as!
BTW I've PMed you...
So you have! Lol
Just copied this from a planning portal, it seems you do not need planning permission to erect a fence two meters or less, if it isn't adjacent to a public highway.
Fences, gates and garden walls
You will need to apply for planning permission if you wish to erect or add to a fence, wall or gate and:
•it would be over 1 metre high and next to a highway used by vehicles (or the footpath of such a highway); or over 2 metres high elsewhere; or
•your right to put up or alter fences, walls and gates is removed by an article 4 direction or a planning condition; or
•your house is a listed building or in the curtilage of a listed building.
•the fence, wall or gate, or any other boundary involved, forms a boundary with a neighbouring listed building or its curtilage.
You will not need to apply for planning permission to take down a fence, wall,or gate, or to alter or improve an existing fence, wall or gate (no matter how high) if you don't increase its height. In a conservation area, however, you might need conservation area consent to take down a fence, wall or gate.
when you have all finished about laws and height's, the law states that a fence dividing properties is a party fence, and is the responcibilty of both partes;and that boath parties are responcible for maintaince, so it is reasonable (another term in law ) that boath parties agree on the size of the said fence,as I have said it must start with both parties shakeing hands so to speak,
10 Dec, 2009
Cliffo, where does 'the law state this'? Party fence is the specific term you are using here. Unfortunately most people assume that the fence that divides their properties is called a 'party wall or fence' and in fact it is just a boundary and only one party has the legal responsibility. Party fences have their own rules. The person who wrote this question did not say either way!! The law is there for a reason and most of the members have felt it 'reasonable' to mention it and rightly so!
I think everyone is covering all the possibilities on this thread which is the correct thing to do. Unfortunately Guests cannot give us any responses so we can all assume and offer opinions, and maybe get it wrong in some cases.
Just because you have had your own experience does not mean you are an expert! You have totally disregarded what everyone has said.
12 Dec, 2009
I did that for a reason.as you well know,some people gess and write it as if it is the answer,so that it leaves the questioner confused betwen what you say from experance and the people you can call on, and their opion. I am not an expert or clame to be ,but haveing been in the building trade all my adult life, in responcible positions,people that know me call me in to try to settle disputes. and I usualy find that a calm talk taking every ones desiers in to account ,it is easly settled in most caces, without socilisitors, who realy do not know much out side their field,
PS as I pointed out in the begining I did not wish to get involved ,but as I have been drawn in to it , I should clear up one point,I belive the question was about residential propert's and I have answerd with that in mind,industrial property and that includes fields alongside gardens, is a conpleatly diferent thing, and some people are confuseing the two,leaving the questioner no better off, and wondering why they botherd, which is not what we should be about, we should have a rule,if it is only our opion, we should say in my opion, then we can judge it for what it is worth.
13 Dec, 2009
I agree with Andrea - a party fence only occurs in certain circumstances and is maintainable by the owners of the land on either side. But in the case of most back gardens like mine - a basic rectangle with a garden each side - only the boundary on ONE side is the responsibility of the homeowner, while the other is the responsibility of the neighbour. In my case, I'm only responsible for the boundary on the left, while my neighbour to the right is responsible for the other one. (I'm not 'guessing' this - I know it!)
Cliffo - I don't think anyone is suggesting that the questioner should get solicitors involved, but I do think that an understanding of what the law says is absolutely necessary in this case. It was a simple enough question and everyone is just trying to cover all the bases. But as they say, rules is rules!
what you are saying then Sid that while you are only responsible for one fence, some one must be responsable for two fences or do they go on ad in for nightum, and do you have to allow next door on to your garden to maintain your side of the fence ,and do you have to go in to some one elses garden to carrie out your responcibites, I know it is said that the law is an ass ,but realy,
Cliffo I am responsible for the fence on my right and one of my neighbours is responsible for the one on my left - so as you go down my road every one is responsible for their bottom fence and the fence on their right and at one end they are responsible for both left and right fences. With closeboard fences this is also denoted by the way the posts face e.g. if its your fence the neighbour usually has the smooth side.
I must sound like a know all which is the last thing that I want Drc but the post have to go one side or the other' but it is no guide in law,as to whos fence it is ,in the case of a party fence, even if you have paid for it ond erected it, once up it is as much next door's'' by the way the reason you put the post your side is just good maners, not for a leagle reason, I feel as if I am in a game of last man standing,I think every thing has now been coverd, by one or another.and unless this is taken to law no one is going to change their opion, so I feal that we have not answerd the question but left the questioner further away from a salution, by us all wonting to get our two penoth in weather we realy know what we are talking about or not. my considerd advice to the questinor is the same as I started with 'talk to your neighbour, you could be neighbour's for a long time , it is better allaround if you are frends.
Yes Cliffo, usually, as you say, it's a case of 'ad infinitum' down the row of gardens. But that's besides the point: Where there is any doubt over who is responible for a boundary, the decisive reference must be the deeds to the property (or more recently the title information document held by the Land Registry), as Andrea said in her first comment ref the 'T' marks on the title plan. This is the conclusive document, whatever the owner of a garden might think he is responsible for. It's not for the homeowner to decide what is his responsibility and what is not - it's what's in the deeds that counts. The deeds will also contain covenants that usually state something like "you have the right to enter onto your neighbours property for the purpose of maintenace, so long as you ask permission (not to be unreasonably denied) and give adequate notice (except in case of emergency) and you make good any damage or mess you cause".
Cliffo I think we answered the question quite adequately days ago. It seems that you are pressing for a kind of CV from each of us to demonstrate that we are up to answering the question and seem to be of the opinion that each of us is just 'having a guess'. I would therefore like to point out that my dayjob is as a legal secretary and I have had dealings with more boundary disputes than you could shake a stick at and I believe (and sorry Andrea if I'm wrong or have you confused with someone else) that Andrea is also involved in legal work as her job. So, in answer to your statement, "us all wonting to get our two penoth in weather we realy know what we are talking about or not", I would say, yes, SOME of us DO know what we're talking about by dear!!!
14 Dec, 2009
yes I would not doubt that on most questions there are pople on this site that do know what they are talking about, but even they do not specalise in every thing, I know that you both work in a soliseters office, but that alone dose not qualifi either of you,or the solisitors you work for, unless it is there field,I worked for architect's but they were lost without without quantity survaers, to each his own as the saying goes,I would never think that I am an expert, but I do have a wide knowlage of the building trade,, and it annoyes when I see the questinor being confused by answers which I know as part of my trade are conpleatly wrong and comes from people who think they know better than the profesional, as happend over the white marks on tiles, the poor girl pm ed me in the end I will not venture a guss with out saying that it is a guss. I gave the best advice befor anyone came in and if you have delt with a lot of cases ,then you will know it may not be the best way for solisiters,but could save the customers a lot of money,
Cliffo, When in a hole stop digging !! :0))))
that would proberly suit you bluespruce, but you know nothing about me or what experance or knowlage I have and I ashore you that I am in no hole, who was it said you aint seen nothing yet,up to now I have been trying to stop a dispute turning nasty, because you are all over looking the rights of the other party,who may not agree with your view of things, wake up and smel the coffie
Ok Cliffo. You win. The law is an ass. We should all completely disregard the law and do our own thing. The questioner should go and talk to his neighbour unarmed with any knowledge of what his or his neighbour's rights are and in years to come, when either party tries to sell his property he will simply have to fork out large sums of money in solicitors' fees in order to rectify boundary inaccuracies in the title plan to comply with Land Registry requirements, swearing statutory declarations to reassure any new owners that the boundary is in the right place and paying for insurance to indemnify the new owners against the possibility of a boundary dispute in future years.
In all my years of experience of the law, the one thing I know that causes, as you say, a dispute to turn nasty, is a misunderstanding of or disregard for the law, but since you obviously know better.......
15 Dec, 2009
Sid please tel me where in this sarger did I mention a boundry let alone moveing it, the question was quote'how far from a neighbours window can I erect a 2m fence, unquote' as I understand that and I am shore is what the questioner ment ''was how far away along the line of the boundry do I have to be befor I can raise the hight of the fence , we are no doubt talking about two properts that are seperated by the builders legal oak post and wire fence ,which is four foot, stick to what you know which I am shore is vast,and leave questions like this to people with experance in the building industry, I do not say this in malis but as I hope a frend.with all due respect.
The question "how far away along the line of the boundry do I have to be befor I can raise the hight of the fence" has everything to do with the boundary line!
I might add that not only am I a legal secretary these days.......but I also have a degree in Landscape Architecture. Do you still want to persist in this game of oneupmanship?
Sid' dear lady, in your minde it may be oneupmanship, to me it is just a misunderstanding of the question by yourself and others I am afraid that I am unimprest by your degree,especaly as I don't agree with tick boxes , in my day you either knew or you did not , that is when I aquired my degree in socioecology, now we have got that noncence off our chest, I would be more imprest if you worked in the land registry offic or your socilestor specalised in the subject,you may have the last word by all means but in doing so please do not attempt to put me down as I have other qualification's which I modestly would rather keep to my self, cheers.
With respect cliffo, it's you that seems to misunderstand the question.
you certainly have not smelt the coffie,
I'm tea drinker cliffo :0)
need I say more?
Cliffo, several times on this thread you have impied that I and others do not know what we're talking about and as such should not have commented. By citing my degree I was seeking only to impress upon you that I had a firm grounding and knowledge of landscape law. Your sociology degree that you 'modestly' mention does not appear to me to have any relevance to the matter in hand. I suspect others that have commented on this thread also have qualifications to their name, relevant or otherwise.
I work for / have worked for several conveyancing solicitors, both dealing with domestic and commercial conveyancing, and for litigation solicitors dealing with sorting out boundary disputes. In both areas, the solicitors involved must be expert in boundary law, although I do not claim to be an expert myself.
You now know something of both my work history and my qualifications. I do not believe that I have attempted to 'put you down' anywhere in this thread. I respect you profession, which is a noble one. But if you read your own comments throughout this thread, you will see that time and again you have implied that others are wrong or don't know what they are talking about. I simply seek to hold up a mirror to your own assertions.
You have commented on several occasions above regarding your experience as a builder. I think perhaps in your years as a builder you have acquired an effinity with brick walls, as I am starting to think I may be talking to one.
you said one up manship not me, but I enjoyed your speech,and I do respect your knowlage and your experance ,but that dose not mean that I should run away with my tail betwen my legs ,because I am not a fool either, and I still maintain that I understood the question better, as for the person interupting our conversition I leave you to judge, we are both experanced people with a disagrement on what the questioner ment,I did get anoyed at some of the uninformed advice I admit, but you seam to have championed their cause, with out going back to the question and working out what the questioner realy ment ,if you had I think that you would have come to the same conclusion,the bit about me being a bilder is not quit true, I built nothing with my own hands my forte was that drawings stud out for me in 3d,,that coverd every trade in the industry,and I was in a position that relyed on me being called on to interape the law on building in every aspect,as well as being responcible for the work dun, so if you understand me as I understand you may be we can now drop the subject ,with no hard fealings on my part, and no loss of respect for you, cliff
Ok Cliffo it's time you took your verbal nonsense elsewhere, and I for one had had just about enough of your constant sniping at me since you have been a member of this site. You don't seem to realize, like many other things it seems, that this is an open forum and not a private conversation.
merry christmas BS
I think this question is unanswerable really, there's not enough information Guest and just to put a spanner in the works lol, doesen't matter where the neighbours window is, its where the boundary is IMO :)))
enjoy Dee, no more meat on it ,
In your opinion Cliffo :)
I agree ,merry christmas and a happy new year.
How do I say thanks?
« hope you enjoyed 'Life' tonight. what glorious plants it showed!
is echium vulgare as rampant as echium plantagineum? this is for northern california. »
Add a photo
Add another photo
Add another photo
Grows on You is a community for gardeners. Record the plants in your garden, share your photos, and make like-minded friends.