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wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I have for 38 years enjoyed a view of countryside, farming

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I have for 38 years enjoyed a view of countryside, farming land and hillside from the front lawn of my cottage. This week my new neighbours have erected a 2 metre high fence off the end of my cottage obscuring this view. During my ownership of the cottage never has a fence been in this location. I have asked that the fence height be reduced to no more than 4 feet. Should this be refused how do I stand in law, what are my legal rights ?

wingrovebuyer : Hello. If the fence doesn't front a public highway, then no planning permission is required provided it is no higher than 2 metres. I'm afraid that in law you don't have a right to a particular view, which I am sure is not what you were hoping. Unfortunately, your neighbours can erect the fence and they can put the "rough side" on your side. This all assumes that the fence was not a shared boundary, and is entirely on their land. Can you confirm that this assumption is right?

Thank you for your speedy response. I must apologise for not making clear that indeed it is a shared boundary both to the front and

wingrovebuyer : Thanks - so the old fence was a party structure, straddling the boundary?

Thank you for your speedy response. I must apologise for not making it clear that,indeed, it is a shared boundary, both to the rear and to the front of my cottage. My cottage is detached built in 1727 of stone and tiled roof having gardens to front and rear, and a driveway to the west gable. The fencing referred to runs along a line coincident -in line with- the eastern gable. The shape, form or size of the foundation to the cottage is unknown to me, but I assume that any line of fencing erected by my neighbour should allow for the position of the outer edge of any such foundation.

wingrovebuyer : Hello. Thanks. Can you confirm the boundary fence was a shared / party boundary on the boundary line, rather thn on the neighbours side of it?

I can confirm that the boundary fence was a shared/party boundary on the boundary line, rather than on the neighbours' side of it.Thank you again for finding time for my problem.

wingrovebuyer : Thanks. This puts a different spin on things - as a joint or party boundary, the old fence belonged to you both. The neighbour therefore had no right to unilaterally remove it and replace it. Certainly, if the posts are on your side, they must be at least partly on your property. This should not have been done without your consent. I suggest you write to them, stating this, and saying you require the fence to be lowered or you will require it to be removed and the old fence reinstated.

Good morning, and thank you very much indeed for your legal advice re the fence. I my get myself a good nights sleep tonight ! I will certainly use your services again in the future should the need arise. pmd

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