to be cross with my neighbour ignoring our need for privacy.....

[BuggedBeyondBelief]

Our (newish) neighbour has had a deck installed in their garden. It's just over 2.6 feet off the ground but it means that the garden wall between us is now only 3.6 feet high on their side. The deck is very close to the house (about 2 metres away) and the neighbours have positioned a table and chairs right next to the wall. They can see directly into my kitchen window just a few feet away, and into my dining room. I can't really see into their house from my garden as I have to step down into my garden (as they used to have to do).

We would like a fence on top of the wall to make the barrier six feet on their side (we'd still see one of the couple next door as he's 6' 3''). They are objecting on the grounds that they would feel hemmed in. But the fence will not obstruct the sun, and their garden is wider than ours anyway. They will agree to a fence which would give us a barrier of just over five feet between us.

The neighbours are out in the garden, sat at the table all of the time. For me, I find it very difficult to even go out in the garden when they are there. I also find myself shutting the blind in my kitchen as I don't know when someone is going pop up out there.

To put this in context I believe that the (female) neigbour is p*ssed off because we have to cross their property to get rear access to ours, and whilst we don't use the access a lot, she has made it clear that she doesn't want us to use it at all. In a letter which she sent to me the day after my birthday when relatives visited and used the rear access....

AIBU in wanting total privacy? Is the neighbour being reasonable in not agreeing, despite the fact that they have created the issue by building a deck? (For the record - they didn't tell us about the deck and had it built whilst they were on holiday, making it difficult for us to complain about it).

SORRY FOR LONG POST!

I really sympathise, its horrible to feel so overlooked, esp when you are used to having privacy.
How about 8ft of trellis made from small squares (B&Q and good garden centres sell it or it can be made by a fencing company) and plant a couple of large leaf evergreen clematic armandii which grow up to 5m tall and will grow over and above the trellis.
I used this in our last garden to block the view of our neighbour's patio and trampoline and it's very effective. Nice scented flowers in spring too.

I can totally sympathise. I have the same on one side of the garden, but thankfully it means they can look out into our extension, which we dont use much anyway. They have also extended their garden at the rear, cutting off our access through to the snicket in emergency.

At the time my Mum (whose house it was) didnt say anything, and dont get me wrong, they are nice people, but it does have me worried the fact that I dont have a direct exit outside anymore, and I would have to get onto the main road by going through their back garden, but their side gate is nearly always locked.

At the other side we have racist neighbours who dont speak to us because DH is foreign. We have their 11 year old daughter bouncing on her trampoline for hours on end peering into our kitchen

Sorry for the me me post, but just to say you are not alone, and pannacotta I like the trelis idea very much

Here's the climber I mentioned, there is a 20% discount for Crocus mentioned on the gardening board I think.
www.crocus.co.uk/search/_/search.armandii/

I would speak to the council to ask about the fence, planning for the decking and access.

I wold also put my rubbish bin just where their table is and put as many nappies in it as you ccan

Ohh - and, based on another live thread, get a windchime or two, particularly if you're not spending too much time outside - you can always take it down when you're out if it annoys you!

Start composting

All those who are suggesting trampolines, composting, large hedges, making a lot of use of the access etc, I know you are being slightly tongue in cheek, but do you really think that will help? Surely that will just increase the animosity and lead to a neighbour dispute that will make life hell and which BBB will have to declare when she sells the house. You don't get to choose your neighbours, but you have to live with them, and in my view there is almost nothing that's worth falling out with them about.

I think you are being unreasonable in wanting total privacy, yes. I just don't think that's ever going to be achievable, unless you live in the Lake District! There is often tension between neighbours, sometimes bourne out of territorial disputes, and this could be what is happenning between you and your neighbours.

But putting a raised deck in their garden doesn't sound very neighbourly and it might well have needed planning permission. Have you checked with the planning department at your local council? I think if they've put this raised deck in, you should be entitled to raise the garden wall between the two properties to what it would have been pre-decking. Try not to let them wind you up, it sounds like they're spoiling for a fight!

Trellis is pretty - like swedes said, as for the rear access to your property, she has absolutely no right to disallow access (reasonable or unreasonalble) it's the same in my garden. I have lots of trellis and ivy

Think you're just going to have to get all artistic like with your fences and planting.

they will agree to a raised fence if you agree to no access? That's win/win for them then.

How about you agree to no access if they take down their decking?

It's hard, you want to remain fairly amicable but they sound like arses. They KNEW you would need access when they bought it and so on.

Worth checking whether your council are wrong about PP not being necessary - sounds like it from the press coverage I've seen. Not sure where you can check out the actual legal wording of the relevant Act or regulations... but try Google for starters.

Don't let them bully you about access, it is your legal right and they knew about it when they bought the house. Fast growing plants in pots do sound like the solution. Or approach the council and see if you could get permission for a taller fence given they have built a deck which now overlooks your house.

My head says bramshott is right, and it's horrible this situation. But the second they bought the property they have the same rights as you legally, although not morally. Reason is best, and their suggestion is not reasonable.

Personally though, I love the idea of you buying an umpires chair and sit in if facing them when they are out and only saying your brilliant word TWUNT over and over. It's legal, not offensive but sounds like it should be, and is fantastically annoying if you stare and only answer all questions with that word.

The nude thing is probably illegal, but funny. I expect you'll end up all over the internet though.

I still don't know what's to stop you putting up a 2m fence. You don't need planning consent - pretty sure that this is not a problem on rear boundaries between neighbouring properties either, but don't get involved in this sort of thing so not as sure. This would do everything (as I understand) apart from stopping them looking over when they are standing up, but when seated there will be no problem.

Personally, I don't see what difference a trampoline is to what they've done - but if you get one, they may spend less time sitting out on their decking...

Because of the height of the deck it would only make the fence 4' on their side.

We live in a very hilly area and my neighbours on one side are lower than us meaning their 6'6" fence on their side is only 4ft on ours!!!

I feel terribly self conscious going to that side of my garden and have even put frosting film on my conservatory windows that over-look their side as I can literally wave at them as they sit at their table.

Fortunately we get on really well so were completely understanding when they attached little climbers to the fence and put up some bamboo for screening.

You can buy "instant hedging" which comes in many different tree forms. There is no ruling on the height of trees or other plants and it is a bit wishy washy with what they term "hedging"

DO NOT agree to reducing access, this is bullying tactics.

For more advice see www.gardenlaw.co.uk

Fab forum re boundaries/fences etc

UPDATE:
Thanks everyone for all of your posts. Very interesting. A couple of days after the muslins went up at the windows/the neighbours suggested the deal whereby we give up our access (virtually).... the lady next door stopped my DH and said she REGRETTED sending the letter (see above - my original post I think), that things were very frosty and that's not that she wanted and that her DH hadn't meant it when he said they wanted us to give up our access!!
Could this be because I invited a mutual friend round who also happens to be a surveyor...for his advice, naturally. Obviously he would have formed a view of their behaviour....AND he said that we could suggest having our access rights valued (worth about £15k apparently).

So, fence-wise I think we will be going with an additional 2'6" or 3' panel on top of the wall depending on what the fencing man can do. I have reconsidered the height of the fence you see and I've decided that I can live with a lower fence (we'll get more sun) and I will grow stuff up it to give the additional privacy. I think the neighbours will be happy with that but will have to broach this with them. Wish me luck....

Whose fence is it? As long as it doesn't breach any planning laws or covenants in your deeds, you can do what you like without reference to your neighbours if it's your boundary. Although it is of course better to get their consent for the sake of good neighbour relations, but it doesn't sound as though they are the sort to reciprocate.

Tell them you will only use the rear access twice a week if they remove the decking.

Awkward mean buggers

On no account give up or compromise on your access, it's priceless. They should have checked out this abatement of their use of the property when buying. If you did they could just ignore any agreement, I'm sure. This could make your house difficult to sell in the future. Don't make it any part of discussions you may have with them.

If PP hasn't been breached, then go for the high plants.

I would hate it if my neighbours had access through my property - so i wouldn't buy a house that had this - its not rocket science is it!! They sound like a dream . Would you like to borrow my small, burrowing, yapping jack russel for a few months?