or is my neighbour?

[ClimbingFrameWars]

We have lived in our house for 3 years now, and have always got on ok with the neighbours - not best friends, but know them to chat to, children have been to play there a couple of times, theirs have come here a couple of times, etc. All well and good.

We are wanting to build a new climbing frame/swing set for the children. We have got an independent company in to design and build as our dd has SN, and is already a bit too big for easily available commercial ones, and we want this to last her a while - she loves being outdoors and playing, and this is not going to change through her teenage years and beyond.

Our neighbour on the side where the frame is planned to go is upset. The frame height etc are all within legal parameters for height and distance from boundary etc. currently, we have a hideous concrete block wall along that side of the garden, at a height of nearly 2.5m on our side. Their garden is higher than ours, such tht their small children (6 ish) can easily stand head height above the wall on the path on their side.

Their garden is enclosed on all 3 sides (both sides and the bottom of the garden) by this wall. They also have trees (on the other side belonging to their neighbours) on one side and at the bottom (belonging to them, obv) which are a good 4ft higher than the wall, at least. Neighbour is upset because if we build te frame where we want it, it will disturb their view across our garden and out onto the fields behind our bottom fence (and their bottom wall + trees).

We don't want to start a neighbour dispute, but surely this is taking entitled to a new level? They could, if they so wanted, get rid of the trees which actually block their view to the fields from their own garden, and lower/take out their wall? Surely they don't have a valid objection to is building the climbing frame where we want to and blocking their view across our garden?

Our other options are to build it across the bottom of our garden, this blocking our own view across the fields, or we could build it along the other side - neighbour not overly enthusiastic, but not bothered either - but this would leave us with the unsightly wall (which we are happy to hide) as well as giving us problems wrt fence maintenance (fence on other side belongs to us), and just isn't where we want it in the (not over large) garden.

They are BVU. Tell them to do one. God this sort of stuff really winds me up.

I would block my own view.

They are being VU! And you are being thoughtful.

Annoying the gardens being at such different heights, but why should you lose your view as well, if they can still have theirs?

I'd ignore them and build my climbing frame in my garden in my choice of location!!
Why have you even mentioned it to them??!!

I can understand why they are a bit upset...I would rather be able to have a clear view to fields rather than a climbing frame.

BUT they are bu in disputing it. It's your garden, they gave no say.

Next door to us pulled down 3 huge trees at the end of their garden. I was gutted...whereas previously the trees had shielded the street behind and were nice to look at, now they're down we just have a full view of the backs of about 4 houses when you look diagonally across our garden. Dh and I had a proper bitch about it to each other when they were planning and doing it. But we'd never say anything, it's their garden, their trees, we have no place to.

YANBU - noone has a legal right to a view. There's a lady in Newquay who probably has more of an argument than your neighbour but the local council says there's nothing wrong with the development.

So you think they should cut down their trees to gain a view?

Yet you also don't want it on the other side as you'll lose your own view?

It's your garden so it's up to you. They can go sing.

We mentioned it to them in case they had any legitimate objections, Blueuggboots. Wish we hadn't now! But we were just being courteous in mentioning to them that we would be building it, tbh.

anyonefortennis their main objection to us building the frame is that they bought their house (long before we moved in) because of the view. BUt they don't actually have a view from their own garden, iyswim, just diagonally across ours. They could have a view from their garden, if they chopped down the (not particularly) nice trees which are just outside their rear wall. They would then still have our climbing frame alongside their garden, but would still have their view.

They think we should, in our own garden, block the view (which we also bought our house for), instead of building along one side of our garden.

We could put it on the other side (ie next to our other neighbours) but this would give us fence maintenance issues (our boundary fence)

Dh is fuming that they are even objecting on these grounds.

Build is due to start tomorrow, btw.

I think legally, they are entitled to their view?

You do need to take legal advice. I think what you are doing may well be illegal, and you might find your self in a position of being forced to take it down, and/or shell out massive compensation.

Obviously, it will bring down the value of their house to some extent.

Ignore Luggagecarousel, as others have already said they are not entitled to a view. Sod your neighbours, build it where you want

Your mistake was in asking them and not just getting on with it, with or without informing them first.

I'd just build it where you initially planned. If they don't like it tough.

In the interest of maintaining relations I'd speak to them and say you've considered their concerns but that since this is the only place that works for you in your garden you'll be putting it where you plan. Apologise for disappointing them but not in such a way that lets them think this is up for discussion.

Oh just build it where you want to. They are being very unreasonable and buying a house on the basis of the view across the neighbouring garden is a bit silly, don't you think? That's their problem, not yours.

I wonder if Luggagecarousel is really the neighbour?

Maybe, RobinHumphries, but I'm not sure, and it certainly needs checking.

It will devalue their house, so I would think they would have a compensation claim, either way.

Google it, there are many cases, and judgements can go either way. It doesn't seem to be AUTOMATIC, but in many cases judges have upheld the right to a view.

I think Luggage is wrong, and that what you're doing isn't illegal, they aren't entitled to a view and you most certainly wont have to shell out massive compensation.

They are entitled to be pissed off, that's all.

My neighbour has chopped her lovely trees and shrubs removing privacy and security. I'm really pissed off. But of course its her garden to do with pretty much what she wishes.

There is no such thing as a legal right to a view. Expectation and right to light - yes. View - no. Your neighbours cannot in any way dictate what you do on your side of the boundary so long as it does not trespass or infringe their other environmental rights (am quoting from the garden law forum)

I'm with yellowdinosaur on this one.

I'd build it and remind them they can restore the view from their own garden.

Luggagecarousel, the frame will be within all legal limits. the company we are using have no interest in doing otherwise (and I have checked the parameters myself as well).

We didn't want to just get on with it, and we didn't approach them asking for opinion, just to politely let them know this would be happening, and that consideration had been taken for the fact thier garden is quite a bit higher than ours, and no shadow would fall onto their garden as a result (company visited us several times to scope out, measure etc, and we revised plans with them a couple of times)

The issue is a mixture of NIMBYism and view, imo. When we pointed out to them that we could easily plant trees along that wall, thus wrecking their view, the answer was 'oh well, that's not the same, is it? looking at trees or looking at an artificial building', so it is at least partly about the look, rather than the view.

As to lowering sale value - we are more likely to move than neighbours, for a variety of reasons.

Does the council have to ok it? Planning permission or whatever?

x-posts with lots of people.

No planning is needed - it is within planning limitations (nd is a temporary structure).

Don't think Luggagecarousel is my neighbour

The perceived loss of value to a house or loss of view are not valid objections to development/planning.