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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6408
Experience:  Solicitor
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I have recently installed a decking area at the bottom of my

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I have recently installed a decking area at the bottom of my garden. At the time I spoke to my neighbour whose garden backs onto the side of my garden at the bottom. There are 4 houses whose rear gardens back onto my garden down its side length. Hopefully this makes sense? My decking has replaced an overgrown banking that had an old low picket fence running up it. Prior to starting the work I went and spoke to the neighbours last in line (who backed into the picket fencing) to fill them in and ask if they would mind if at my expense I could replace the picket fence with a quality 6ft fence. They confirmed this was fine.
I completed the work. All was fine. My neighbour then began to do work in their garden. As part of this work they have increased the height of their entire garden between 3 and 4 feet (which in itself seems wrong but doesn't necessarily concern me). However, this has then resulted in the fence on their side being approximately 3 ft. They have then placed a large garden sculpture at the bottom of their garden which consists of a metal screen of approximately 8ft. Basically this is a screen in the sort of metal that rusts over time and I assume they have installed it due to the fence being so low on thier side. On my side, due to the increase in their garden height it is a 12ft eyesore. It is only a couple of feet from our fence and is imposing and out of place. It obviously feels ridiculous right next to our seating area.
They made no effort to talk to me and pay me the same respect that I paid them. My question is simple. Are you allowed to put a structure that is so tall so close to my our boundary and do I have any rights to challenge this?

Hello my name is ***** ***** I will help you with this.

Yes they are. It is their land, there is nothing illegal about placing a structure there.

However you maybe want to check with planning to see if any local conditions have been broken.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Ok thanks. I just thought there would be some form of restriction about increasing the height of your garden from its existing level and then putting what is in effect a 12ft fence in place. Thanks for your help though.

Thats different, if it was a panel it can only be 2 meters. But that is for a fence or hedge. Does not apply to something like this.

But I certainly would speak to the Council as there may be a local by-law they are in breach of.

Does that clarify?

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