If we put a 6ft fence up next to our neighbours .... Can they do anything?

[ButteredRadishes]

We offered to replace the old fence that is shared to Ur back gardens. They've got a 3 ft wires fence, rotting poles, leaning etc. is "their fence" as far as I can see.

We want to replace it (at our cost), they verbally agreed but are now kicking off, saying it will block their light, they don't want a 6ft, they want 3 ft.

We want 6ft, because she curtain twitches at the back window.

Any way, if they don't want to get theirs actually replaced, can we just build a fence next to theirs on our property? Like an inch or so away from theirs?

As far as I cans we, they'll be miffed,but couldn't actually stop us, right?

Generally you don't need planning permission for a fence up to 6ft high. I had one installed and included panels to replace the neighbours side so that the look was uniform. Their fence was in a state but I paid the cost as they are a young family and couldn't afford it. The other reason I had a high fence erected was because the neighbours on the other side ( I am in an end terrace) are vile, yard filled with scrap metal and rubbish and they shout all day. Can still hear the shouting of course but not having to see the rubbish and mess has saved my sanity, it is one of the best things I have ever bought. I also had trellis installed on my half height brick wall for privacy and the fuckers next door started hanging their washing on it and hooking their manky floor mop up to dry! Gave them a mouthful for that...

@ButteredRadishes You don't have to "check with the council" about erecting a fence on your side of the boundary unless the height of it requires planning permission. In the UK you can erect a 2m (6.5ft) fence in your back garden and a 1m fence in your front garden without needing planning permission, but anything above these height limits would require you to make a planning application.

Yes you can, no problem. Do it!

No, they can't do anything as long as it doesn't front a highway and as long as its totally on your land, leaving their fence where it is . I did it. My neighbour was so awful I had to block him out. He threatened legal action but as its perfectly legal there was nothing he could do.

The rules on fences are on gov.uk.

Could you compromise, OP? I have seen many properties where the 1st fence panel closest to the house is high, the second slopes down away from the house to a lower level, which continues for the rest of the garden…. Just tell neighbour you’d like a little more privacy when you’re in your kitchen/dining room/on your patio Etc.

Put it on your property & get the tallest allowed. Five feet does nothing for privacy.

This is a back to back neighbour not a side by side.

Planning permission is not required for a fence up to 2m high in a back garden (generally speaking).

But, yes there are certain situations where different permissions are required.

Although, given what the OP has said about these being council houses I think it is very unlikely indeed that they will apply here.

1 If the fence you are replacing is part of a listed building then it will probably need both Listed Building Consent and Planning Permission. But the OP isn't touching the existing fence and, in any event, I doubt that either of these council houses are listed buildings.

2 In a Conservation Area the local council may have made rules on new fences. I would presume that the OP would be aware if they are in a Conservation Area and what the rules are.

3 The right to build a new fence may have been specifically removed when the house was first given permission to be built or when an extension was built. This may have happened but, if anything, I think it more likely that there would have been a condition that the OP must maintain the boundary fence rather than a condition that they cannot build a new fence.

I’d go for a 4ft with 2ft trellis and grow a climber rose/clematis/honeysuckle.
6ft of fence will be quite prison like for all of you, unless the gardens are massive.

Dmum was like this - and she''d grown a huge hedge for privacy both sides.

She claims it blocks the light - it really doesn't - she got used to it and still gets on with the neigbours quiet well.

Having spent a childhood hearing her compalin about neighbours cutting down her plants or their plants overgrowing or gaps when plants died - I personally though a good fence would be better. She still moans about it to family occaionally but I think it's more it was a change she didn't control rather than an actual problem - expect she'll get one other side with new neigbours.

You can usually have have 6ft fence and 6 inch trallis - which is roughly 2m. I would check there no odd requirment on deeds or covenants about fence sizes sometime there can be odd rules.

@GemmaCalmDown giving it a go. Sorry, I’m new here and that was the only way I could see to reply. I have now found the reply box by scrolling and scrolling and scrolling. Not intuitive at all! Thank you

Even if they own the fence, OP is surely still entitled to erect one on her own side. AFAIK there can be no possible official objection to a 5 foot fence. Trellis added on top makes it look nicer, esp. when ‘home’ to climbers.

Just put your own freestanding fence on your side of the boundary, a 6ft close board fence will be tidy and strong enough to support any climbing plants. You can just say "we prefer our privacy".

Most newbuild gardens have 6ft fence all round as standard.

I wouldn't go for a fast growing hedge, they develop into beasts quite quickly!

Agreed.
perhaps we should have true north indicated too.

As far as I know, 6 foot is the legal limit for a fence but you can add 'see through' trellis on top of it.

I'd put a 3ft fence up and then trellises or an arbour on my side to block her peeping.

"I would check on your house deeds to see if they definitely own that fence, if they don't they can't do anything about you replacing it. If it is definitely theres then just put a 6ft fence along side it"

Not sure how you check who owns a fence from a house deed. Some have a t symbol showing which house is responsible for it but that is not always the case.

Even if it does have a symbol you have no way of knowing who paid for it and therefore "owns it"

As pp have said unless you are in a listed building or conservation area just put up a fence next to their fence. You can build up to 2m without pp normally which means a 6ft panel and 6 inch gravel board.

You might have to put it about 4 inches inside as if you concrete a post you need a hole 12 inches across (4 inch for the post and 4 inches either side)

If the T is on your side and the fence is on the boundary legally it doesn’t matter who paid for it. It’s yours as it’s on your boundary.
Many people get upset by this when they pay for a new fence on a boundary they don’t own then wonder at the neighbours taking it down but it is what it is. The only way to take ownership of a fence you place on someone else’s boundary is to have a legal agreement drawn up.

It'll be absolutely fine, loads of houses have 6ft fence all round and it's not like a prison! OP can plant plants in front of the fence to soften the look. Trellis on top of a short fence is still see through even with plants growing and with deciduous plants it's bare for half the year anyway. OP can put full trellis panels or wires on her new 6ft fence to grow climbers if she wants.

Trellises and arbors are flimsy and PITA.

OP, just put up the tallest legal board fence and be done with it. You will be amazed at how relaxed you’ll feel with privacy.

They may transfer though! I’d be getting the fence up promptly.

"If the T is on your side and the fence is on the boundary legally it doesn’t matter who paid for it. It’s yours as it’s on your boundary."

This seems suspect. Is there case law on this? If an entitled parent parks on your drive it doesn't mean you own their car, not that you can damage it for being on your boundary

The police would probably not get involved in either case as they would say it was a civil / boundary / dispute.

Far simpler and less stressful to build their own fence. After op wants to know if the neighbour can do anything about it. If it her side of the boundary the answer is no surely? Who wants to risk a legal dispute over 4 inches of land?

Exactly.

Six foot is far from a prison; it creates a private sheltered garden to use in peace and privacy. Still plenty of light.

This.

for a fence? nah