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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

or is my neighbour?

127 replies

ClimbingFrameWars · 29/06/2014 20:22

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.

OP posts:
ClimbingFrameWars · 29/06/2014 21:15

the frame would end up higher than the wall in part, and so can be seen over it, but will not block light - it's not a massive home office/extension we are building Grin

OP posts:
AnyoneForTennis · 29/06/2014 21:19

Just googled op.... Please check it out before spending loads as I can see some people have had trouble

Something about a raised platform/2.5 metres high

ClimbingFrameWars · 29/06/2014 21:43

I will double check, but the plans are certainly within all planning limits.

I will have a word with the company when they arrive tomorrow morning, and double check re: platform height etc.

OP posts:
Petrasmumma · 29/06/2014 21:56

You're fine, OP. The neighbours have no entitlement to a view and no entitlement to restrict what you put on your land as you describe.

The claim that they purchased their house for the view across someone else's land makes them look a little silly as well. Go ahead and get the climbing frame in, lucky DD.

RobinHumphries · 29/06/2014 21:57

Think of it this way, instead of a climbing frame you wanted to plant some trees randomly in your garden. They would grow and block your neighbours view just as effectively and again they wouldn't be able to do anything about it. It is not illegal to block views.

ClimbingFrameWars · 29/06/2014 22:12

Well, quite, Petrasmumma. Buying a house because of a view that is entirely at the discretion of someone else is a bit odd, to say the least (these fields are not Elysian by any means - just a bit of scrubland which occasionally has some cows on)

Robin - apparently that would be ok Hmm

Initially this was about blocking light. Then, when we pointed out this wouldn't happen it was about the view. When it was pointed out we could plant trees (and in fact, we will be removing a tree, which takes up half the space the frame will take, and a grotty old falling down shed + ivy, which is a massive eyesore) it turns out its not so much about the view, as what they will be looking at.

Sympathy wanes somewhat by this point, on the basis that this frame will improve dd's quality of life somewhat (as well as our other dc).

OP posts:
Runesigil · 29/06/2014 23:00

it turns out its not so much about the view, as what they will be looking at.

Runesigil · 29/06/2014 23:02

Aarrrghh, apologies for the trampoline point repetition.

AnyoneForTennis · 29/06/2014 23:04

You could ask them what they would prefer in this spot... Your frame or a trampoline. See which one they choose then!

ClimbingFrameWars · 29/06/2014 23:08

Blush we already have a trampoline Blush Grin

so do they. our dc often have whole conversations by bouncing on respective trampolines and chatting as they catch sight of each other Grin

they can't plant along their side of the wall, as they have a substantial path there, bricked in (which they need to keep).

OP posts:
CSIJanner · 29/06/2014 23:20

So basically, its not so much the view but the change that they don't like. NIMBY only its NIYBY n your case. Check with the contractors in the morning and just go ahead. Your neighbours jus don't like the change as you can be guaranteed, despite what they said, if it was trees, they'd still have a problem.

MidniteScribbler · 29/06/2014 23:21

I do have some sympathy for the neighbours. I don't think I'd like to have my neighbours build a big climbing frame which would then mean the children playing at a level overlooking my garden. But I know there's nothing I can do about it if the neighbours did so, except plant some massive trees which will block it. I'm actually planning on putting one in for my son, and have already started establishing the trees along that fenceline so it won't be in the neighbours sight or overlooking their yard. Your neighbours have said they don't mind looking at trees, it's just the view of the frame they object to, so perhaps for the sake of neighbourly relations you could offer to put in some trees or a trellis which would mean they look at greenery rather than climbing frame?

ClimbingFrameWars · 29/06/2014 23:24

I think trees would be acceptable on the basis that they would take years (as long as we don't plant anything silly like leylandii Grin) to reach a similar light/view blocking state (in their opinion). And I suspect by that time they would be complaining about the height of the trees...

Will check with the company, and he is prepared to go next door and speak to them again (after a disastrous phonecall earlier when neighbours seemed to question his professional integrity, and were a bit snooty about his design) - rather him than me!

OP posts:
ClimbingFrameWars · 29/06/2014 23:32

Midnite - they wouldn't see much of the children at that level. There is a roofed/enclosed (so dc can't overlook the neighbours garden) platform for the slide bit, and then a swing arm (dd mostly loves swinging) which is also monkey bars, but dd is unlikely to use them as monkey bars. the other dc might, but not to climb on top of (I don't have daredevil children, but quite cautious ones!), so again, children wouldn't be playing at that level. their children are more likely (and do) to overlook our garden, just by standing on their paths. we often get them leaning on the wall and striking up conversation.

(lack of) garden size means we don't want to move the structure further into our garden (and thus allowing trees to be planted along our border). While we want this frame for oldest dd, we do have 2 other dc who also like to play and generally run around in the garden, and this will take up enough room as it is.

OP posts:
MiscellaneousAssortment · 30/06/2014 00:59

Oh I was in two minds until you mentioned the bit about the trees. Can you squeeze in some trees/ shrubbery in alongside your side of the wall? I know it's annoying, but it shows willing...

wafflyversatile · 30/06/2014 01:13

A bit of trellis at the top of the wall with some climbing plant?

does the climbing frame need to be higher than the wall?

Other than that it sounds like they have a restricted view in one direction on account of their arrangement of their property so want you to keep your border with them uncluttered so they can enjoy a view by proxy? hmm.

MidniteScribbler · 30/06/2014 01:15

While I can understand that you want to maximise your space, putting up a trellis with a thick growing climber is not going to take that much space, and neighbourly relations are a lot more valuable than a small strip along your fenceline. You need to consider that not only will they have to look at a structure where they once had a view, but also will have increased noise and traffic in that area from the children playing. Being mindful of this and showing that you are at least willing to make an effort to minimise the impact on them would go a long way to repairing the relationship. No one ever takes kindly to 'fuck you, I'll do what I want' and it can ruin relations for a long time in the future.

bubblebabeuk · 30/06/2014 03:56

I would be inclined to extend your fence higher, thus stopping the view of the climbing frame bothering them, obviously its going to also block their view but hey thats life. I bet within a week of it being completed their children will be begging to come and play on it as well anyway Envy

ClimbingFrameWars · 30/06/2014 07:01

Trees or shrubs won't be possible. The space they would need would mean moving the frame too far into our garden ( especially trees). A trellis is a possibility, but I can't think they'll be happy with what is essentially a solid structure increasing their wall height - that would end up blocking light, and we'd be back to square one.

The frame does need to be higher than the wall, yes. It is larger than most frames, due to dd being 11 already and we obviously want it to last her safely as long as possible.

Waffly, your summary re: view is spot on.

And yes, I expect their dc will be round a lot using it. that's what gardens and play equipment are for.

OP posts:
YoniMitchell · 30/06/2014 07:03

Might their objections partly be led by the worry their own kids will see this exciting new play structure and pester away for one of their own?

ClimbingFrameWars · 30/06/2014 07:09

Maybe, Yoni, but that's not really our problem, is it? Where would that end, if we always had to consider neighbour's Envy when making a purchase?!

I do understand the point re increased traffic "in the area" but believe me, these are not big gardens - playing anywhere in our garden (and tem in theirs, an our other neighbour pottering about in theirs, etc) results in 'noise pollution' (for want of a better term) for everyone concerned.

OP posts:
outtolunchagain · 30/06/2014 07:29

They are being ridiculous and have no rights regarding this whatsoever.I would not go round and discuss it again it just gives the impression that they have a say and makes another argument more likely.They are probably exaggerating its effect anyway .

YoniMitchell · 30/06/2014 07:49

I 'm not excusing them! I'm with you on this and would crack on!

Hope your kids have fun on it!

clickers123 · 30/06/2014 07:52

Go ahead and build it but be prepared for the silent treatment for a while
who cares your kids will be happy

HappyAgainOneDay · 30/06/2014 07:57

If you are concerned about the ugly wall at the side of your garden why don't you put in climbing plants? A few bits of trellis and a visit to a garden centre cannot be outside your capability. Then your new climbing frame can be put somewhere else. that way, you have pleasure in your pretty wall and your children have play equipment.

If you have children, how often do you sit i the garden just looking at the view?

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