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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Neighbour complaining that I've blocked access with fence

21 replies

Suburbanutopiaitisnt · 15/09/2015 15:48

My neighbour has complained about my new fence and said I should take it down. It's built entirely on my land, however as he has build right up to and on the boundary (gutters are on my side - I'm tempted to get in building regs as this should be illegal?) it does prevent him from getting to the side of his extension. But the only access he would get to his extension would be on my land as he's built right up to and on the boundary.

Aibu to have this fence? I'll let him on my land to maintain it but I was getting fed up with him going on my side after the building work was completed. I want the fence for security to stop anyone just wondering into my back garden.

Let me know if any of this is unclear.

OP posts:

Purplepoodle · 15/09/2015 15:51

why does he need to get to the side of the extension?

LIZS · 15/09/2015 15:55

As long as he can access for maintenance he has no complaint. Building regs wouldn't be interested in overhanging guttering.

Cherryblossomsinspring · 15/09/2015 15:57

No, YANU. Keep your fence and tell him that if he keeps hassling you about it you will be forced to raise the issue of his gutters on your land which may lead to a far bigger issue for him. Be polite but do tell him that your property is not there for his access.

DoreenLethal · 15/09/2015 15:57

Gutters on your side? Ask for planning advice on that one. Shouldn't it have been built a metre away?

SDTGisAnEvilWolefGenius · 15/09/2015 15:58

Well - whether the fence is there or not, he would need to come onto your land if he was going to do any maintenance on that side of his extension, so it shouldn't make any difference. Either way he should be asking your permission to go on your land to carry out maintenance - and hopefully you would be willing to accommodate any reasonable requests for access.

Twitterqueen · 15/09/2015 15:58

If it's entirely on your land I don't see that he has any room for complaint at all (but I'm not an expert). If he actually needs access to the side of his extension he should have allowed for this in his plans and building work. It's not down to you to enable access via your land.

antimatter · 15/09/2015 15:59

Why does he even demand access through your land? Perhaps assumed that you will allow it forever....

PHANTOMnamechanger · 15/09/2015 16:02

when was the extension built? was it all properly consented to? I didn't think you were allowed to build right up to a boundary as you describe.

wonkylegs · 15/09/2015 16:11

You can build right up to the boundary although it's generally discouraged due to problems like this.
It's not a BRegs issue (these are generally only interested in matters of safety and energy efficiency)
He has no right to free access so you are perfectly within your rights to have a fence and most people would accept this as normal. It's in your interest to allow him periodic access to maintain the gutters or they will end up dripping/leaking on your land. This however should be by prior arrangement and at your convienience.
Our conservatory sits onthe boundary and we maintain the gutters on our neighbours side but we talk to them and make arrangements to avoid any problems.
We didn't build it like this, it utilises an original Victorian wall and is a modern replacement of a very old wooden one so predates us and the neighbours.

Collaborate · 15/09/2015 16:21

I agree with wonkylegs

When was the extension built? If very recently he needed your permission to overhang the gutters, though if you didn't object at the time then I doubt a court would order him to remove them.

Was the wall built up to the boundary or does it straddle the boundary? Did her serve a Party Wall Act notice upon you?

Assuming he built it up to the boundary, you can do what you like with your side. You could even build your own extension right against his wall. I don't see why you'd need to put a fence against his wall though. In doing so you'd be losing a few inches of your own garden.

Surely what prevents him having access to his wall is the fact that he can only reach it from your garden, and he has no access to that? He certainly has no right to be there without your permission. If he wants access for repair he'd have to use the Access to Neighbouring Land Act.

somewheresomehow · 15/09/2015 16:25

nope YANU as long as it is on 'your land' which it is, you can put a fence where ever you want and if he needs/wants access to his extension he can ask for permission to use your land, but you don't have to grant it.

Original poster

Suburbanutopiaitisnt · 15/09/2015 16:28

Thanks everyone. The extension was built before I moved in.

Guess I can't get any revenge over the gutters.

However as a pp said he should be asking my permission to go on my land fence or not.

He's complaining about he may need to access the side when I'm not in. I did tell him that he should be asking me anytime he needs to go on my land. I will stand my ground on this one. The fence just stops him going on my land as and when he pleases . the old neighbour may have allowed this, but I don't.

OP posts:

Original poster

Suburbanutopiaitisnt · 15/09/2015 16:29

The only thing that worrys me a bit is the height. Its 1.8m and it starts at the side of the detached house. I know for front gardens this is too tall but this is the side and further back than the front door, so technically where does the front garden end for a detached?

OP posts:

aprilanne · 15/09/2015 16:30

in scotland the rule is either a metre away or right on the boundary .seems strange but its true cant be half a metre its either or .i know this from when we build in our garden .he is only allowed on your land for maintenaince on his extension even then he must have written permission .not just for access willy nilly tell him to get lost

Sallyhasleftthebuilding · 15/09/2015 16:36

Yes, seems hes had the freedom to come and go as he pleases, and bow has to (gasp) go through his own house to maintain the rear of his property!! Neigbours built to their boundry, and then couldnt get the bins out of the back, nor the lawn mowers without trapsing through the whole house!! Shame.

ElderlyKoreanLady · 15/09/2015 16:52

Well, he should have planned his extension in such a way that he wasn't reliant on neighbouring properties for access. Or if it was there when he moved in, at least been aware that should the neighbours put up a fence, it would be an irritation he'd have no choice but to accept. More fool him.

neepsandtatties · 15/09/2015 17:04

Re the question of height, I think it is to do with distance from the highway, i.e. you can't (under permitted development) have a fence higher than 1 m adjacent to a highway (it's to do with sight-lines when pulling out of driveways). So if you have a long front garden, you should be fine.

On another note, don't you run the risk of leaves and debris getting stuck between your fence and his wall, leading to the risk of damp (more of a problem for him I concede!)

LIZS · 15/09/2015 17:09

Surely your front garden is defined as between the front of your house and the road He could complain about the height of the fence there if it is 1.8m.

Aramynta · 15/09/2015 17:54

Are you the poster that had the neighbour using land on your side for his own bins and a hose pipe?

Regardless, he can't do anything about your new fence. He was silly to have built his extension right up to the boundary - I'm not even sure if he is allowed to do that.

TheRealAmyLee · 15/09/2015 18:22

I have a conservatory with a solid wall on one side and it is built pretty much up to neighbours fence (just a small gap down 50% of it due to wonky boundary. 50% unaccessible from my side. I didn't build it.) In over 3 years I have needed access from neighbours garden ONCE (to replace guttering. Normally I can just clear it with a brush, hose and ladder if needed even with no access)

You are entitled to a fenced in garden. You can choose to allow him reasonable access with your permission. Don't let him bully you. If he wanted to go round that side all the time he shouldn't have built up to the property line.

Collaborate · 15/09/2015 18:25

The rule is that your fence can be up to 2m high if it's at the back or side, but if it's at the front and adjacent to a highway (i.e. road or pavement) it must be 1m high. Any higher than these and you'll need planning permission.

So, your side fence can be 2m high right up to the pavement, but your front fence must be 1m.

Flip