New house, neighbours don't want fence up....

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We have just bought our first house. The elderly man who lived there had allowed his neighbours to have full access and use of his garden for 30 years. The neighbours also had the same on the other side, so they have basically had 3 gardens.

They have built 2 large conservatories in their own garden and now have just a tiny paved area of space, they have said they don't know where they are going to put their washing line... They have asked that, even though we need to put some kind of fence up (young dc, they have small but deep pond), we only put a short trellis one up as otherwise they will have no light in their conservatories.

DH wants chest height fences, I would but am prepared to compromise, this is going to get awkward, are we BU?

Ask your locl council what height they would recommend and put that up. Their light in their conservatory is NOT your problem.

Mmm tricky, you have every right to put up what sort of fence you want but you then don't want years of unpleasantness.
What reason does dh want chest height? You have to put something up because of the pond though.

Was any of this mentioned before you bought the house?

Of course YANBU. Chest height fences sound fine to me. They took the risk of having no light and little space when they built two conservatories.

whose boundary is it? They can't legally dictate what you do as long as within your boundary and within the regulations (6'). A compromise would be part fence/part trellis. However if it got awkward they may claim an easement over the land due to historical use.

If they have a pond and you have young DC, you need some sort of barrier that the DC cannot hurdle... so YANBU, but suggest you put this point of view to the neighbbours ... they may be able to come up with something acceptable to everyone

We are completing in a months time so not actually 'in' yet but we don't want to back out as it ticks all our boxes otherwise.

Yes, agree about asking for council advice on fence height, but it also needs to be safe height for your children.

They cannot have expected the arrangement where access to your garden continued, so I'm not sure why they're telling you about their washing line.

Agree with Northern on this one. Your garden, your fence. But more importantly, the safety of your dc comes first. No question.

If it were me, I would be ringing round local fence companies on Monday. I'm all for getting on with your neighbours etc but your only responsibility is to your child.

I just don't understand why they didn't think about what would happen when they got new neighbours. They said it was really strange having all these new young families moving into the street!

I would be checking very carefully with your solicitor before you complete if I were you. Boundary disputes can be complicated and expensive.

It's our boundary btw

Of corse you need a fence for safety and of corse they can't hang their washing in your yard. I would work out the minimum height that you need for the safety and privacy you need and do that. Trellis might be fine, especially alongside a conservatory. They have been daft though,

Hmmm if you haven't completed yet I owuld be asking your solictor to make sure they have no right to claim access the land due to using it unchallenged. I think there is some rule about there isn't there - as LIZS suggests.

Get the ownership issue watertight with the solicitor , as someone has pointed out these things can rack up huge bills, time and ill feeling. Even if it is ostensibly your boundary they may assume more rights of access and light than is appropriate or legal. It may be worth asking him to write on your behalf stating your plans to reclaim exclusive use of the land and position a permanent fence.

check on this to be sure as your house would be unsellable if the garden was access for the other houses. Get it in writing and totally sure

You should get solicitor advice on whether the historical use of your garden might cause legal issues.

Do get legal advice, if they have had easement of the land for 30 years then that is long beyond the 20 years where easement may apply

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Eeek! They haven't said anything about wanting to keep access, just the hint about the washing line. They agreed we would need a fence so I don't think they'd dispute the land, will call solicitor on Monday though.

I don't think there would be any legal issues as the nieghbour was sharing the OPs garden.

I think the very fact that the nieghbour as already made such a request would have me ringing the fencing companies too. I would check out the rest of the houses and put up the same type of fence. Being very careful not to encroach on the nieghbours land. I would take lots of photos beforehand.

I would try and Keep things friendly with the nieghbour but I wouldn't give in to his requests. You don't have to compromise. He sounds like a loon.
Personally I would try for a 5 foot fence.

They want to have their washing lines in your garden? That is a house to to walk away from. What are the sellers saying on this?

Be nice to your neighbours for their sakes and your own. Next door neighbours can be very useful. On the other hand they can make your lives a misery. See if you can compromise while keeping your kids safe. We have wire mesh fences. Not so private but no ones light gets cut out. They've been there for years and I know that to change it would cause bad feeling.
Do you really want to start off on the wrong foot?

Your solicitor sounds a bit crap if they haven't already talked you through the legal implications arising from their 30 years of free access. I would definitely not exchange until this is cleared up to a watertight standard. The 'size' of the fence is the least of your problems.

Ask very, very carefully of your solicitor. Is it possible that there has been some sort payment made between the neighbours and 'your' house's owner?

Honestly? If you cant be absolutely certain about your rights over your garden then walk away. There are other houses without neighbours believing they have rights over the back garden.

I would buy a dog, and let it go in their garden, then they will soon put a fence up for you!!