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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2451
Experience:  Over 5 years in practice.
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Neighbour about yto erect fence on a shared boundry which we

Customer Question

Neighbour about yto erect fence on a shared boundry which we haveobjected to.
The fence will block light from our garden including vegetable garden. Also obstruct
our view of the remaining garden. We do not object to a fence , it is the height that
is the problem
Submitted: 4 years ago.
Category: Property Law
Expert:  Joshua replied 4 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

How high is the fence they propose to erect please?

Josh-2010 :

Are there any covenants you are aware of that relate to fences in your title deeds?

JACUSTOMER-v915kh4z- :

fence height 5ft

JACUSTOMER-v915kh4z- :

no covenants as far as I am aware

JACUSTOMER-v915kh4z- :

fence height 5ft no covenasnts as far as I know

Josh-2010 :

Thanks. Unless there are any covenants in your deeds that restrict what fences or structures are erected then the only law that regulates what is erected is the Town and Country Planning Act which permits fences of up to 1m in height if the fence is adjacent to a highway and 2m in height if it is not. Unless the fence is adjacent to a highway based on what you say the fence would not exceed the heigh permittd by planning which as above provides for 2m or just over 6 ft.

Josh-2010 :

There is no right to light for a garden I regret - one can only acquire a right to light through an aperture such as a window for example. Nor is there a right to a view in English planning law unfortunately.

Josh-2010 :

Based on what you say unless the fence line is adjacent to a road you would need to rely on either a binding covenant in your title deeds restricting what they can erect in your gardens - check your deeds in this respect if you are not 100% familiar with them because such covenants can exist or an agreement between you that you have relied on to your detriment in some way that they would not erect a fence.

Josh-2010 :

Is there anything above I can clarify for you?

Josh-2010 :

Does the above answer all your questions or is there anything I can clarify or help you with any further?