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Legal matters

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Original poster

Neighbour wants to change garden boundary

59 replies

TakingAffence · 14/06/2023 11:13

Garden boundaries are just wooden fences on a small early Victorian terrace. Narrow long gardens, roughly equal amounts of garden in wiggly lines and in patches with no fence at all. Historically everyone on the terrace was happy, done this way presumably over a sequence of owners to accommodate a big mature tree and various old rose bushes. I moved in ten years ago and haven’t changed anything.
New owners next door are extending and say that on the plans for their house, the fence lines are straight so now we must straighten. It’s my fence responsibility. It could mean the end of the nice old tree etc depending on where line is drawn and various of my shrubs. I’m keen to keep up a good relationship with everyone.

Do I have to change the fence line and pay for that as it’s my fence? Who should decide on the ground where the right line falls, if it’s straightened? Do I have to pay for any professional boundary advice/decision? Who should pay for taking down a big tree, big bushes etc if that needs to happen?

TLDR- Do plans going back over a century to when a property was built, override today’s reality as purchased?

OP posts:

EyelessArseFace · 17/06/2023 17:49

Grawlix · 17/06/2023 16:06

I wish the people a few doors down from close relatives of mine had been clear about this last week when they had a crew with chainsaws demolishing three magnificent and enormous mature trees in their garden. No trace of them now remains. What happened to the many birds which must have been nesting there….well, you can imagine. It was sickening.

Show quote history

Did anyone report it? People can be fined thousands for doing that.

TenoringBehind · 17/06/2023 19:34

I once lived somewhere where all my neighbours - row of about 15 terraced houses - extended their gardens up an overgrown/disused bank between our back gardens and the adjacent playing field. We were the only house that didn’t (dh lawyer knew that this was a bad idea). We were ostracised by the neighbours for not ‘joining in’.

The local authority took them to court and they all got fined several thousand pounds.

Grawlix · 17/06/2023 20:32

EyelessArseFace · 17/06/2023 17:49

Did anyone report it? People can be fined thousands for doing that.

Show quote history

I don’t know, @EyelessArseFace, and as I don’t live there, I just heard about it when I happened to visit and the worst of the damage was already done. It’s so upsetting though.

Pringleface · 17/06/2023 21:11

sunshinesupermum · 14/06/2023 12:04

Get a TPO via your council to save it.

FFS. You can’t just ‘get a TPO’. The council don’t hand them out on demand like leaflets. There are several criteria which are taken into consideration including amenity value, the type and condition of the tree, potential threat etc. It’s a legal process which also requires consultation in most cases. People don’t get to just tell the council to slap a TPO on a tree because they want to upset a neighbour’s building plans.

Pringleface · 17/06/2023 21:15

EyelessArseFace · 14/06/2023 14:07

You can't cut trees down during the bird nesting season anyway.

This is often claimed on here and it isn’t true. You can fell and prune trees as much as you like during nesting season. It’s illegal if you know birds are nesting and still cut it down.

Here you go.

https://www.rspb.org.uk/about-the-rspb/about-us/media-centre/press-releases/tree-and-hedge-removal/

The law is clear. It is an offence under Section 1 of the Wildlife and Countryside Act of 1981to intentionally take, damage or destroy the nest of any wild bird while it is in use or being built, or to intentionally kill, injure or take chicks or adults, or intentionally take or destroy any eggs (with some exceptions).

If no active nests are present, works may legally take place. However Our advice to anyone considering tree or hedgerow management is that any work should be avoided between March and August.

Tree and hedge removal at sensitive times for nature

What you can do if you suspect tree or hedge removal is threatening an active nest

https://www.rspb.org.uk/about-the-rspb/about-us/media-centre/press-releases/tree-and-hedge-removal/

EyelessArseFace · 17/06/2023 21:25

@Pringleface The thing is... if it is illegal to disturb nesting birds, how do you go about checking through a massive tree in full leaf for nests, whilst not disturbing the birds in any way? If there are any nests, you are going to disturb the birds merely by clambering about in the tree.

That's what perplexes me, anyway.

BlooberryBiskits · 17/06/2023 21:36

SistersNotCisters · 14/06/2023 12:01

There is no legal requirement to have a fence between properties. At all.

If it's on their land then they can remove the fence at their cost. If it's on your land then you can do what the hell you like. If the tree is on their land then they can chop it down (providing it doesn't have a TPO.) if it's on yours, they can't touch anything that not on or overhanging their side.

So do nothing. 🤷‍♂️

^ this. I think they are trying to get you to pay for a shiny new fence

if it’s not your priority just ignore them

Sunnydaysareuponus · 17/06/2023 22:53

Our tree (rental property) had a tpo. Entitled home owner across the back had it cut to the bare bones.. Tree butcher even had his ladder on our side to do it. Council officer came out.
Apparently it didn't matter as it would grow back. Spineless twat was terrified of her...

fliptopbin · 21/06/2023 19:36

Depressingly, as I found out in my previous house, in practise, your neighbour can do whatever the hell they like, even to the extent of cutting down your hedge while you are out. Any disputes will cost a fortune, and have to be declared if you try to sell, so if a boundary dispute is in any way likely, it is best to sell up.

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