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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9320
Experience:  I have been practising for 30 years.
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My neighbours garden is higher than mine by 8 inches, after

Resolved Question:

My neighbours garden is higher than mine by 8 inches, after discussion with his landlord we agreed he could erect 6 foot fence, he has erected 7 foot fence, and as the gardens are small it makes it feel very closed in and light issues, where do I stand legally please.
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
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Expert:  F E Smith replied 11 months ago.

Legally, he cannot erect any fence over 2 m (6.6ft) without planning permission.

That 2 meter height would be taken from your garden not his.

You can refer this to the Local Planning department .

There is no right to light in a garden, only into buildings and even then, it would only be actionable if you had acquired the right to light or it was not excluded in your deeds and the light had been reduced by 50% into a room.

Legally, there is no right to review so if this obstruct your view, that is not actionable.

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