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Neighbour wants to replace MY fence, I don’t want them to!

654 replies

Fencewoes · 27/03/2024 12:33

We have recently had new neighbours move in next door. A month ago they said that they would like to replace all of the fences around their garden (sides and back) which includes replacing mine. They said they will pay for this as they want their garden to look uniform. At first I was on board with this, actually quite pleased at the thought of having a brand new fence as mine is quite old, however they have now said they will be replacing my current 4ft fence with a 6ft fence instead.

I have told them I do not want them to replace my fence with anything higher than 4 ft. They’ve now said that in that case, instead of replacing my fence, they will just build another fence against mine in their garden. So basically, I will retain my current fence, then there will be another in their garden, but I will have double fences on my side! Is this even allowed?

OP posts:
Thread gallery
7
Wibblywobblylikejelly · 31/03/2024 23:44

TheAlchemistElixa · 31/03/2024 23:41

It’s absolutely a deciding factor for me, so therefore not completely ridiculous. And if the OP was going to get the fence they want, then they wouldn’t be posting on here would they?

But they've offered the fence she wants.
She's getting to keep her 4ft fence she's so attached to.

TheAlchemistElixa · 31/03/2024 23:47

Wibblywobblylikejelly · 31/03/2024 23:44

But they've offered the fence she wants.
She's getting to keep her 4ft fence she's so attached to.

But of course she’s not getting the fence she wants. That’s what her post is all about! Another fence right next to your fence that’s three foot taller than your fence is very different from a single fence that’s much shorter.

cant quite believe im having to explain that. Or that im arguing the toss over it with a stranger on the internet!

Oh goodness me, it’s late. Let’s go to bed!

Blondebrunette1 · 31/03/2024 23:55

TheAlchemistElixa · 31/03/2024 23:34

Sure, I get that. But if the OP’s neighbour bought the house knowing and seeing every other neighbour had low fences already, and were presumably happy with that and liked the status quo, it shouldn’t be unsurprising to them that they might meet a (totally reasonable) objection to them nearly doubling the height of the fence.

if I wanted privacy so badly, I might have - in their position - considered a different house instead, or enquired with my potential new neighbours before purchasing the house.

this doesn’t mean they’re not technically within their rights to do whatever the hell they want, but I sympathise a lot with the OP. It’s my neighbour nightmare, being fenced in against my will, with no recourse to stop it happening.

It's very rare that people have restrictions on aesthetics of properties. It's annoying when new neighbours make changes that change your view but it's worse when they're taking privacy rather than giving you more. Our new neighbours cut gorgeous trees down and the view it left was awful-i had to plant more and it'll take years before they grow to fix it, but I'm grown up enough to know, I have no right to think I'm entitled to a say in my neighbours garden space.

TheAlchemistElixa · 31/03/2024 23:59

Blondebrunette1 · 31/03/2024 23:55

It's very rare that people have restrictions on aesthetics of properties. It's annoying when new neighbours make changes that change your view but it's worse when they're taking privacy rather than giving you more. Our new neighbours cut gorgeous trees down and the view it left was awful-i had to plant more and it'll take years before they grow to fix it, but I'm grown up enough to know, I have no right to think I'm entitled to a say in my neighbours garden space.

Umm, but you replanting trees in the same area they cut them down IS affecting their garden space. It’s exactly the same thing as the OPs neighbour putting a bigger fence next to where the OP was happy with a smaller fence! What happens in your garden can affect the space in your neighbour’s garden. You already know that from your experience. You’re doing the same thing but in reverse! 🥴

Wibblywobblylikejelly · 01/04/2024 00:35

TheAlchemistElixa · 31/03/2024 23:47

But of course she’s not getting the fence she wants. That’s what her post is all about! Another fence right next to your fence that’s three foot taller than your fence is very different from a single fence that’s much shorter.

cant quite believe im having to explain that. Or that im arguing the toss over it with a stranger on the internet!

Oh goodness me, it’s late. Let’s go to bed!

And I can't believe that the OP had lived so many many years but has yet to learn that people can do what they want on their property.

But here we are

Blondebrunette1 · 01/04/2024 00:37

TheAlchemistElixa · 31/03/2024 23:59

Umm, but you replanting trees in the same area they cut them down IS affecting their garden space. It’s exactly the same thing as the OPs neighbour putting a bigger fence next to where the OP was happy with a smaller fence! What happens in your garden can affect the space in your neighbour’s garden. You already know that from your experience. You’re doing the same thing but in reverse! 🥴

I'm not sorry for planting trees in my own garden, I don't expect them to be sorry for cutting theirs down is exactly the point I'm making. Neither of us is entitled to decide what others do with their land. Also, not that it's relevant but our trees actually don't affect their garden they are a different type of tree and don't drop leaves for them to clear. We get on well with them and it's not in exactly the same area as our trees are in our garden closer to our house, not theirs.

Concannon88 · 01/04/2024 00:42

TheAlchemistElixa · 31/03/2024 23:34

Sure, I get that. But if the OP’s neighbour bought the house knowing and seeing every other neighbour had low fences already, and were presumably happy with that and liked the status quo, it shouldn’t be unsurprising to them that they might meet a (totally reasonable) objection to them nearly doubling the height of the fence.

if I wanted privacy so badly, I might have - in their position - considered a different house instead, or enquired with my potential new neighbours before purchasing the house.

this doesn’t mean they’re not technically within their rights to do whatever the hell they want, but I sympathise a lot with the OP. It’s my neighbour nightmare, being fenced in against my will, with no recourse to stop it happening.

I actually loled at that. How is the height of a fence (which can easily be changed and legally too) a deciding factor when buying a house? The majority of buyers make changes to their home within the first 2 years.

"Absolutely a deciding factor for me, therefore not completely ridiculous" - see youve made the mistake there of using your experience and applying it to a situation and making it the rule, when in fact it is the exception.

Also its not doubling the height of the fence or even nearly doubling it. Its going from 4ft to 6ft, 50% higher.

AlwaysNonStop · 01/04/2024 01:31

Yes it’s allowed and now that you’ve been difficult you’ll have to do without. Should’ve just kept quiet

lauram31 · 01/04/2024 01:32

Why the objection over two foot ? We had issues like this with our neighbour unfortunately you’ll most likely end up worse off in the end , ours started with fences and then we built a double story extension on the side leading through to a single story at the back running up the side of said neighbours garden , we had planning everything in place and she made our lives hell during the whole process which lasted nearly two years .
in the end as she refused any access to allow scaffolding etc be put up we couldn’t render the side she now has the biggest breeze block wall running all the way up the side of her property and 3/4 of her back garden it looks very ugly, she now complains about it and to be frank it’s her own doing , it looks unsightly but we don’t have to look at it fortunately.
I really do think you should rethink your decision and also the fact that potentially this will cause an atmosphere with your new neighbours which can be really unpleasant for whoever knows how many years to come if they and you live their for the foreseeable , if you do stick to your guns you can’t really complain of any problems in the future with the said gap if you do have weeds growing through and damage to your current as you say old fence , I would be interested to know why exactly you have an issue with two feet ? ( genuine ask )
so much nastiness going on in the world I would ask yourself is it really worth a fall out ?

Prunesqualler · 01/04/2024 02:25

See Access to Neighbouring Land Act
The problem with your neighbours putting a fence on your boundary and adjacent to your fence is that you will no longer be able to maintain your fence. You have a legal right to do this so ask your neighbour either to place it far enough away or to erect removable panels so that you can carry out maintenance.

Eyeroll2024 · 01/04/2024 04:43

Accept their original offer, if they're still willing to do that. That's your only sensible option.

Spyral · 01/04/2024 05:12

I would suggest@Fencewoes, that you let them go ahead and build their own fence half a metre away from yours then remove your own fence, meaning you won't have the double fence issue and you would, in essence, gain 50cm of garden space along one side. Yes, there will be a 6ft fence there but that's going to happen either way.

wellrestedmum · 01/04/2024 06:34

I am currently on the other side in a somewhat similar situation. Our neighbour's fence has been rotting for years and one panel completely fell down in about mid 2020. We put up a temporary lightweight screen for some privacy hoping that he would fix his fence.
Three and a half years later we were still waiting so offered to pay for a fence panel for him. He declined the offer so we erected a 6ft fence within our boundary.
He's not happy about it as says it's "blocking his light". We think he's been very unreasonable.

Noyesnoyes · 01/04/2024 06:48

wellrestedmum · 01/04/2024 06:34

I am currently on the other side in a somewhat similar situation. Our neighbour's fence has been rotting for years and one panel completely fell down in about mid 2020. We put up a temporary lightweight screen for some privacy hoping that he would fix his fence.
Three and a half years later we were still waiting so offered to pay for a fence panel for him. He declined the offer so we erected a 6ft fence within our boundary.
He's not happy about it as says it's "blocking his light". We think he's been very unreasonable.

I think you are right! Honestly people need to get over themselves!

Lozabethxander · 01/04/2024 07:35

We live in a Victorian terrace. We have a 4 foot fence one side and the neighbour the other has a boundary of tall hedging.
we chat to the neighbour with the tall hedging all the time in the garden, as there’s a gap that allows this before her hedge. I can’t imagine not being able to do this. Equally we both ignore each other if we don’t want to chat.
the other side with the 4 foot fence, again we chat if we feel like it and just ignore them if we don’t. We had the same neighbours that side for 10yrs and we had daughters the same age. They loved standing on their slides and chatting over the fence.
we now have new neighbours and again no issues with nosy neighbours, however when we’re both in the garden and fancy a chat we do so, and actually it’s helped us all to be friends.
I think a 6 foot fence would be horrid. To hear your neighbours, but not be able to interact with them if you were both willing.
our garden still affords privacy as there are shrubs each side of the lower fence, but having the option to socialise is wonderful.
I understand OPs comment about community.

TheAlchemistElixa · 01/04/2024 07:40

Concannon88 · 01/04/2024 00:42

I actually loled at that. How is the height of a fence (which can easily be changed and legally too) a deciding factor when buying a house? The majority of buyers make changes to their home within the first 2 years.

"Absolutely a deciding factor for me, therefore not completely ridiculous" - see youve made the mistake there of using your experience and applying it to a situation and making it the rule, when in fact it is the exception.

Also its not doubling the height of the fence or even nearly doubling it. Its going from 4ft to 6ft, 50% higher.

You’re being very rude, and I’m not sure why. You can buy a house however you like, you can change your fence however you like, and you treat your neighbours however you like.

Im becoming ever more grateful for all the neighbours I have. Who are just downright lovely.

FizzyDucks · 01/04/2024 07:52

Prunesqualler · 01/04/2024 02:25

See Access to Neighbouring Land Act
The problem with your neighbours putting a fence on your boundary and adjacent to your fence is that you will no longer be able to maintain your fence. You have a legal right to do this so ask your neighbour either to place it far enough away or to erect removable panels so that you can carry out maintenance.

But surely OP could just maintain her own fence by removing her own fence panels instead? I am most certainly no expert on the Access to Neighbouring Land Act but my understanding is that this applies only if the person seeking access cannot reasonably carry out the work without access to the neighbours property. It's surely unreasonable to ask a neighbour to remove a fence panel in order to access your own. I'm also unsure what essential maintenance of the fence needs to happen from the neighbours side.

Saz91x · 01/04/2024 08:40

Axx · 27/03/2024 12:52

4 foot fence sounds awful. I'd bite their arm off for a 6 foot one

They are. We are in a terrace house and everybody has tiny fences. We can see 6 through 6 gardens on the left and one on the right as the neighbours next to them so have a lovely big fence. There is no privacy. Everybody can see what everyone is doing, see their smalls on the washing line and any time you go out you feel like not talking because your neighbours are just right there and not only in ear but in sight too. Just no privacy at all.

Isitovernow123 · 01/04/2024 08:47

TheAlchemistElixa · 31/03/2024 23:34

Sure, I get that. But if the OP’s neighbour bought the house knowing and seeing every other neighbour had low fences already, and were presumably happy with that and liked the status quo, it shouldn’t be unsurprising to them that they might meet a (totally reasonable) objection to them nearly doubling the height of the fence.

if I wanted privacy so badly, I might have - in their position - considered a different house instead, or enquired with my potential new neighbours before purchasing the house.

this doesn’t mean they’re not technically within their rights to do whatever the hell they want, but I sympathise a lot with the OP. It’s my neighbour nightmare, being fenced in against my will, with no recourse to stop it happening.

Whilst I understand your point about buying the house with the current fencing, they also knew the first thing they’d do is put up 6’ panels m, so your argument is null.

Isitovernow123 · 01/04/2024 08:54

Prunesqualler · 01/04/2024 02:25

See Access to Neighbouring Land Act
The problem with your neighbours putting a fence on your boundary and adjacent to your fence is that you will no longer be able to maintain your fence. You have a legal right to do this so ask your neighbour either to place it far enough away or to erect removable panels so that you can carry out maintenance.

Unlikely to go anywhere legally as it would cost the op 10x more per panel to challenge that in court ( or even letters).

ScroogeMcDuckling · 01/04/2024 08:59

Yes they can, and don’t worry about it. Let them put their new fence up, then take your fence down and plant apple trees, plum trees and pear trees on your boundary line.

godmum56 · 01/04/2024 09:32

Prunesqualler · 01/04/2024 02:25

See Access to Neighbouring Land Act
The problem with your neighbours putting a fence on your boundary and adjacent to your fence is that you will no longer be able to maintain your fence. You have a legal right to do this so ask your neighbour either to place it far enough away or to erect removable panels so that you can carry out maintenance.

fences seem not to be included? https://www.mylawyer.co.uk/going-onto-your-neighbours-land-a-A76076D34458/#:~:text=Often%20it%20is%20vital%20for,their%20permission%2C%20you%20are%20trespassing.

Going onto your neighbour's land | MyLawyer

https://www.mylawyer.co.uk/going-onto-your-neighbours-land-a-A76076D34458/#:~:text=Often%20it%20is%20vital%20for,their%20permission%2C%20you%20are%20trespassing.

PumpkinsAndCoconuts · 01/04/2024 09:32

Ebme · 27/03/2024 12:51

Yes they can do this

Yes it is annoying

Yes you are kinda being bullied

Yes it is correct that there is nothing you can do to prevent this

Your options are

  1. Agree and have a new 6 foot fence , which will look ok but isn’t what you want, or
  2. Object and have two fences next to each other, which will shrink the width of their garden and thus create bad feeling, also it will look shit and make it hard to get things which fall down / weeds that grow in between the fences

I would not call this bullying but 100% agree with the rest of your comment.

OP can either agree to get her fence replaced (and get a new fence for free).

Or she can keep her old fence, still have her view blocked by her neighbour`s new fence and deal with the potential fall-out / bad feelings.

sophiasnail · 01/04/2024 09:33

I had to do a "double fence" years ago when the lady next door refused my offer of replacing a falling down fence because my dogs could jump the broken fence. She tried to report me to the parish council, who sent me a letter to say that whilst they had to acknowledge that a complaint had been received, nothing I had done was against any rules, and wished me and my dogs well.

Gretty264 · 01/04/2024 09:36

Not at all, fencers regularly work without access to a neighbours property. Lots of neighbours that don’t get on. it’s fairly easy and standard to install a 6 foot fence without needing to go on neighbours land.