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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25451
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Our neighbours have erected a boundary fence in our front garden

Resolved Question:

Our neighbours have erected a boundary fence in our front garden to prevent access between the two proporties by visitors e.g. postman. We were not infomred / consulted about this and one of the posts is sunk in concrete on our land. The person that put up the fence dameaged our hedge in the process. We do not like the design of the fence, it is not in keeping with the rest of the boundary feacture (hedge) and 1960's style of the bungalows. Can we do anything about it?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if the fence is built entirely on their land please? I presume not entirely based on your comment regarding damage to your concrete?
Is the fence higher then 1m in height?
Is there a road in front of your property?
Customer: replied 2 years ago.

Hi Joshua,

We have requested our title deeds and plans to confirm where the boundary is. However, the post is definately on our land entirely and the fence goes from the post to the right of our bungalow wall, where they have put up what looks like a door frame for a back gate. The frame runs down the side of our bungalow and is anchored to the path that runs between the two bungalows to their existing back gate.

The fence is higher than 1 meter.

There is a road in front of both properties

Expert:  Joshua replied 2 years ago.
thank you. Based upon what you say, there appeared to be three main elements to this which with your permission, I will deal with in turn:the first and perhaps simplest is that based upon what you say, the fence would appear to be in breach of planning legislation. Planning permitted development allows for the erection of offence of 2 m in height unless the fence is adjacent to a public highway. If the fence is adjacent to a public road as you suggest, then the maximum limit for offence under permitted development is 1 m and event higher than this requires an application for planning permission., Perhaps one of the simplest and straightforward approaches might be to contact your planning enforcement Department to make a report in respect of the fence who will dispatch an enforcement officer respect and if the enforcement officer agrees that it is more than 1 m in height and adjacent the public, he will serve an enforcement notice requiring the neighbour to either remove the fence and replace it with offence of 1 m or less in height or apply for retrospective planning permission upon which you and indeed anyone else would have the opportunity to object to;The second issue is damage to your property. If damage has been caused to your property or hedge, this could amount to a criminal damage or more likely, can give rise to a claim for compensation for damage caused. The damage you refer to in particular would be your hedge and to a more significant extent your concrete. If necessary, claim could be sought in the County Court to recover monies for repairing and making good both the hedge and concrete;if you find necessary to issue proceedings in the County Court to recover monies for repairing damage, the simplest way to do so is by using the courts online issuing service. court fees together with any expenses you incur out of pocket for attending any hearing can be recovered if you are successful.https://www.moneyclaim.gov.uk/web/mcol/welcomeThe third component is that of trespass. If the neighbours wish to erect a fence on their land that is their right subject of course to planning law compliance as above, however the neighbours have no right to encroach onto your land in respect of any part of the fence and if they have installed part of the fence on your land, you can require that it is removed and the course any damage made good which is dealt with above. Although you may initially wish to see how matters progress with the council, you may also serve a notice on your neighbour requesting and requiring them to remove the fence from your land, specifying the parts you consider to be encroaching and advising that you will be seeking a claim for the cost of repair.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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