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AIBU?

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Original poster

Neighbour has attached a wall to my fence

90 replies

krj2688 · 20/07/2021 22:06

Hi all

Next door neighbour has had a wall built in their garden. Our property sits around 2ft higher than theirs.

We don't really get along with the neighbour due to when our fence was fitted, she was demanding the company moved the boundary lin me by a foot 🙄

We have a fairly new wooden fence with concrete posts and concrete gravel boards.

They have built their wall so high, it's been cemented to our concrete posts, gravel boards and wooden fence panels. We will Not be able to remove these. Rain and water will now be sat on our fence panels rather than the concrete gravel boards. We paid extra for the concrete gravel boards to prevent this.

Does anyone know where we stand?

I'm quite pregnant and just cannot face her at the moment as she's quite rude

OP posts:
Thread gallery
9
SpacePotato · 21/07/2021 08:44

They are cheeky fuckers.

The whole point of lift out fence panels is that they are easily replaceable if damaged.
What they have done will cost you as not only will it cause water to rot the panels much faster than normal wear and tear, you will be unable to remove and replace them without a lot of effort and probably having to damage their wall too.

Original poster
krj2688 · 21/07/2021 08:45

@SpacePotato thank you someone who gets it! I thought I was overthinking it but it will cause damage at our cost! I also think it has been done intentionally

OP posts:
CiderJolly · 21/07/2021 08:47

I think the owner of the higher land is generally responsible for the cost and maintenance of the retaining wall- so I would want to know if it was doing the job after you’d finished your new fence?

But yeah I agree their soil/cement should be below the fence panel. Wouldn’t worry about water from a hose on the fence as no different to rain really. Soil will rot it for sure.

Did they ask you about the retaining wall before doing the work?

ILoveFlumps · 21/07/2021 08:52

I can't believe some of the posts on here thinking you're being unreasonable.
It is your fence, inside your boundary. Therefore the neighbour has zero rights to paint it/fix things to it/move it or damage it. Legally speaking they can't grow climbing plants up it, or affix hanging baskets etc.
You have every right to have their wall removed from your fence (and boundary), and I would absolutely ensure it is done as soon as possible so as to avoid further damage.

Original poster
krj2688 · 21/07/2021 08:54

In our deeds it doesn't say that. The fence is on the boundary line, after that isn't our responsibility.

No they didn't even mention they were having work done. They haven't spoken to us since the fence issue previously. The house is a council home so I'm assuming they would need to seek permission.

OP posts:
glitterelf · 21/07/2021 08:54

Definitely seek proper advice and don't speak to the neighbours until you have. I absolutely feel your frustration we have CF neighbours too who have damaged so many fence panels cause muggins here will replace, that we changed to a fence like yours, if my neighbours did what yours have done I'd go nuts.

glitterelf · 21/07/2021 08:57

@krj2688 I wouldn't bank on them seeking permission ours have built a dodgy lean to and messed with electrics definitely no permission sought and I've reported it twice for fear of the idiots handy work.

Original poster
krj2688 · 21/07/2021 08:57

@glitterelf thank you! I'm so cross. I am getting to the point now that I would like to move house as I can't be dealing with any further issues. They seems to be difficult for the enjoyment of it. X

OP posts:
glitterelf · 21/07/2021 09:03

@krj2688 I know that feeling only too well but unfortunately I'm not in a position to move and there's no knowing what neighbours you'd get if you moved. Unless of course you've loads of money where you can move and ensure you have no neighbours Grin

ApolloandDaphne · 21/07/2021 09:15

I can see easily what the problem is and they are being CF for sure. If they rent from the council then maybe you can make a complaint to them?

MaggieFS · 21/07/2021 09:17

Definitely a problem. They should have built their own fence/boundary and properly backed their flower beds and concrete.

We ended up with a rotten bases of fence due to exactly this sort of problem from ndn garden and when the neighbour asked us what we were going to do about it, we had to remind her it was her fence, not to mention her garden causing the problem Grin

Original poster
krj2688 · 21/07/2021 09:19

@ApolloandDaphne this is what I am thinking, however I think they damage has been done. I'm not sure the council will do anything 😕 or will be classed as a neighbour dispute.

For those who didn't believe the structure at the back. I have attached a picture. The fences are all 6ft with gravel boards to show the height. Very outing but I'm beyond caring now

Neighbour has attached a wall to my fence
OP posts:
glitterelf · 21/07/2021 09:25

The council will take it seriously as they'll be concerned about any other works they may have done if they've not sought permission for the wall. It's just unfortunate in my case that the neighbours housing officer is currently not at work and due to covid they are short staffed but they are most definitely on the list for an inspection as they've had multiple complaints from other neighbours.

Thehop · 21/07/2021 09:26

OP that’s ridiculous. Definitely get some advice.

And go to planning about that house!

Weebleweeble · 21/07/2021 09:42

I would ask her to get her builder back to remove the cement that is stuck to the gravel boards. For the reasons you stated.
He should have known not to do what he has done.
If they dig out the cement leaving a space for water to drain then that should be ok.
I suppose you could threaten to get someone to do it and will bill the council.
To be fair that is a very high fence - very near her back door. No one is reasonable when it comes to property I think we are all very defensive and over invested in our 'castles'.

Original poster
krj2688 · 21/07/2021 09:45

@Weebleweeble when we had the fences replaced, we spoke to her about it and asked if she was happy with the height. She said it was fine and higher the better for more privacy. So yes it's high but we asked if she is ok with that.

Her dad is the builder so I'm not sure how well that will go down. I might give it a go

OP posts:
drpet49 · 21/07/2021 09:48

** I can't believe some of the posts on here thinking you're being unreasonable.
It is your fence, inside your boundary. Therefore the neighbour has zero rights to paint it/fix things to it/move it or damage it. Legally speaking they can't grow climbing plants up it, or affix hanging baskets etc.
You have every right to have their wall removed from your fence (and boundary), and I would absolutely ensure it is done as soon as possible so as to avoid further damage.**

^This. Contact your home insurance to start a claim. Also contact the council- since this is a council house they will be very interested in this matter.

LIZS · 21/07/2021 10:04

Did they have pp for the "shed"?

Original poster
krj2688 · 21/07/2021 10:06

@LIZS not that we are aware of. We can't find anything if searched.

OP posts:
Orcadianrythyms · 21/07/2021 10:10

@krj2688 - you can complain but (if you're in England) permitted development rights are now so ridiculously high you won't get anywhere. I'm not sure what it is about the structure that bothers you but you're winding yourself up. You could look at legal action but that will have to be declared if you wish to sell on.

GrrRightBackAtYou · 21/07/2021 10:11

[quote krj2688]@CiderJolly it's a concrete base with metal structure supports. I'm not complaining that they have built a wall. It around 4ft high but could have easily been 3ft as to not damage the fence. They have built it even higher with the flower bed. It's also higher along our fence line than along the grass of their garden[/quote]
If your fence panels are 6ft, that wall isn’t 4ft high. It’s around 8 bricks high judging by the wall behind the parasol, I’ve just measured our wall & it’s 2ft 7. I would be equally annoyed about having cement, compost etc resting against my new expensive fence though.

LIZS · 21/07/2021 10:20

@GrrRightBackAtYou bear in mind the level of next door is lower than op garden so add up to 2 ft. But even allowing for that it can only be max 1 ft above gravel board. I would think it has been made that height to be used as seating.

Original poster
krj2688 · 21/07/2021 10:22

@GrrRightBackAtYou

The wall at the back is around 4 bricks lower than the wall along the side of our fence.

OP posts:
Loudestcat14 · 21/07/2021 10:26

@Orcadianrythyms

I was with you until I saw the pictures. They're allowed to make their garden now they want - you don't get to dictate that nothing touches your fence. Were you expecting an exclusion zoneConfused. If you'd put that up on my boundary - I'd have planted a climber asap to break it up visually, which arguably does more damage to those cheap fences. I do think you are being unreasonable but it's hot and you're pregnant. I never understand people who want to have their own way about things like boundary treatments but don't think others deserve the same rights.
Actually, OP does get to dictate what touches her fence. Legally you are not allowed to touch your neighbour's fence without their permission, that includes painting it, hanging baskets up against it and, presumably, cementing a wall to it so that the panels are stuck and can't be lifted out. They've damaged OP's property.
AddressLabel · 21/07/2021 10:33

@LIZS @krj2688 I had a similar breeze block shed built and didn’t require planning permission. Didn’t when I got a drive built either, I think it was because I live on an unclassified road. So may well be the case here. Although we had our shed built so we could access all around it for maintenance purposes, rather than shove it up against the boundary.

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