WIBU to detach offensive fence?

[Neome]

Neighbours across the back fence have put a solid fence on top of the approx 1.5m wall taking the total height to 2.5m and shading our tiny yard. Apparently their builders asked the lodgers for access to move materials and when they left a huge solid fence had appeared bolted into new big posts on our side which have been bolted to our side of the wall.

I spoke to the Council planning department (thanks MN for advice) and was told the neighbours didn't apply for planning permission so I could make a complaint. The planning officer said if it happened to him he'd probably just take it down as it's bolted on our side. He could see from his map how much extra shading is created.

Is it legal to do this? Is it a good idea?

WIBU to write the most polite-but-firm letter possible saying please reduce the height to 2m or the fence will be removed?

(not sure how to link but a little more background in Property/DIY thread)

[Neome]

I would really value some advice, apologies for bump.

[RebeccaWithTheGoodHair]

If I've read it right the next door is a rented property? I think I'd probably write to the owners as you say, but emphasise that it wasn't given permission to be erected and you would like it reduced to the original height. I wouldn't threaten to take it down myself as that might set their backs up when it could be resolve amicably.

Good luck with getting it sorted in time for some sunshine!

[StillRunningWithScissors]

To be honest, as they've attached it to your side, id drop a polite note asking them to remove it entirely. Maybe say you aren't sure if they are aware, but builders attached it on your property in error etc. Perhaps get a bit bolder and add in that if its not removed by X date, you will have it removed.

I'm not 100% positive, but if it's on your side I think legally you can remove it.

Hope someone more certain can help.

[RaptorInaPorkPieHat]

Legally, you may be on dodgy ground to just remove it.

It'd probably be better to write them a letter stating it's above the legal height and giving them 7 days to remove it, otherwise you will put in a complaint with planning.

I don't understand why the planning officer didn't ask you to fill in the forms to take it further. We had a similar situation with our neighbours (although, it was a massive radio mast - as if they were trying to contact alien life) we filled in the forms and they were given 28 days to remove (granted it took 6 months because they were awkward about it).

[Neome]

Thank you that is really sensible and helpful.

I might write saying it's attached our side, I assume in error, and also measures 2.5m on our side which they may not realise and this causes unacceptable shading. Please could they arrange to reduce the height to max 2m within 7 days and attach to their side.

I will then say something like if no response/action within 7 days I will consider removing the fence and/or making a formal complaint to the planning department.

[Mouikey]

This is interesting - who owns the fence? Have you checked your land registry/deeds to see who is responsible? Weirdly if you own it enforcement will be taken against you, not the person who put it up... If suggest getting some advice. In any event it is really poor show that the neighbours didn't talk to you or ask for your opinion. At the very least it needs to be reduced, by someone to 2 metres (the height above which permission is required). Also bear in mind that whilst anyone can make an enforcement complaint, it will be pretty obvious who has!