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propertylawyer
propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 280
Experience:  Property solicitor with expertise in commercial and residential property transactions.
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The boundary between us and our neighbours is a 4ft chicken

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The boundary between us and our neighbours is a 4ft chicken fence. When our house was built 30 years ago we planted lleyllandii along the approx 40 metre length. The lleylandii has always been kept at about 7ft high and always neatly trimmed to provide a pristine hedge. There has never been any dispute or problem with our neighbour. The hedge height does not overpower our quarter acre gardens. Now approaching our 70's the cost of trimming and responsibility of the hedge means we would like to uproot it and replace with excellent quality wooden fencing, which would be well within our side of the chicken wire fence i.e. the boundary. When next door built an extension they were allowed to build with clear glass windows upstairs so long as our hedge was never reduced to under 6ft., if this happened they would have to replace the clear with opaque. My question is, so long as our neighbour is in agreement, are we legally able to replace the hedge and its 7ft height with a wooden fence?
Submitted: 11 months ago.
Category: Property Law
Expert:  propertylawyer replied 11 months ago.

It is generally accepted that 6ft/2m is the maximum height of a boundary fence. I there think you can replace the lelandi with a 6ft high fence without any adverse issues to your neighbour.

Please let me know if you have any queries or questions in respect of my answer. I am happy to assist further.

Please can I ask you to take a moment to accept /positive rate my reply otherwise the website will not pay me for assisting you. Many thanks.

Customer: replied 11 months ago.
But the hedge is NOT the boundary. Our neighbours have respnsibility for the boundary, which is a chicken wire fence. Our lleylandii are in our garden running the length of the boundary but within our own land. They do NOT act as a bondary and were put in 30 years ago for our privacy.
Customer: replied 11 months ago.
Did you receive my response? Thanks.
Customer: replied 11 months ago.
Please respond to my additional info. The boundary is the responsibility of our neighbours and the boundary is defined by their chicken fence. Our hedge lies within our own land merely running parallel with their chicken fence. Does the 6ft/2m rule still apply as it is NOT a boundary hedge and the replacement wooden fence will NOT be a boundary but will be wholly within our own land and a few feet away from the boundary - merely running parallel. I cannot rate you until you respond. Thank you.
Expert:  propertylawyer replied 11 months ago.

As far as I can see the 6ft/2m rule applies.

Customer: replied 11 months ago.
I'm still not clear on this i'm afraid. On one side of me, and I have to say our gardens are quarter of an acre, so lots of space, one neighbour has built a 20ft long and 15ft high garage /workshop with pitched roof. It is about 2 foot in from his boundary chicken fence. So, two foot away from my land. So what is the difference in me putting a 7 foot high fence about 3 foot within my side of his boundary i.e 3 foot away from his land. Sorry to be pedantic but I need to be quite clear on this. Thank you.
Expert:  propertylawyer replied 11 months ago.

The maximum eaves height of a garage is 2.5 metres if it is within 2 metres of the property boundary.

As stated, the max height of a fence is 2 metres (6ft).

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