Boundary Wall and pool - who is BU?

[Todayissunny]

We moved into our house October last year. It's an old house needing a lot of renovation.
We bought the house because it has a fabulous view of the mountains (not UK) and paid a high price for the view. Also relevant that we spend a lot of time outdoors.

When we moved in next door were finishing their new build.
we are on a slope and the houses are side by side but because of how they have built our garden is about 2.5m above theirs. They also have a lounge area at the same height as our garden but at the other end of the property and a narrow balcony along the length of the house from which they can look directly onto our patio/garden. They also have a top floor rented appartment with a huge terrace that has full view into our bedroom, patio and garden.

They are putting pressure on us to build a 2m high boundary fence so that we can't see from the boundary of our property onto their garden. This will completely block off a big part of our view. We will be looking at their house wall, fence and sky instead of mountains.
To put the the fence up would also not comply with building regulations.

We lso want to put a swimming pool in the garden on the boundary side. It would comply to all regulations but they have threatened to put in objections if we don't put up the fence (and objections to everything else we want/need to do ... ). They are also objecting to us having a swimming pool because of noise it might cause even though their garden terrace and lounge area is at the other end of the house. We have agreed to move the pool back to restrict noise and give them more privacy, which means that a part of our garden will be unusable because it will be on a lower level.

we have been friends with the family for years and sadly, either way we go I don't think it will be the same again.

Are we being unreasonable/unfair with the boundary fence and pool?

To put the the fence up would also not comply with building regulations

You can't put a fence up that doesnt comply with building regs, I'd say no on that basis.

I would go ahead with your swinming pool plans - even if they do object, it doesn't mean your plans will be denied.

It's difficult but you're entitled to do as you wish, subject to permissions etc!

Thanks for reply @DiesalFive. If both parties agree we don't have to get permission to put the fence up. He thinks we should agree between us what suits both parties best (although what suits him seems to be the only thing that counts).
Neighbour is saying that we should put up a fence out of neighbourly consideration.

Installing the fence and losing your view (and how much light would be reduced too?) would reduce the value of your home and affect your enjoyment; I wouldn't expect my neighbour to agree to that.

It's alright for them to spout neighbourly consideration when the negatives only affect you!

Thank you again for replying. I think with things like this we get so wrapped up in our own wishes that its difficult to know if we are being unreasonable. It's good to have another view. We wouldn't do anything that doesn't comply, but regulations aren't always right for every situation.

They're unreasonable about the fence but I can see their point about the pool. That's not to say you won't get permission anyway but I can see why they'd be concerned it would be a nuisance.

@BecomeStronger what do you think is the problem with a pool? I understand screaming toddlers splashing can annoy some people, but our kids are older.
On that side of the house they only have bathroom windows. We've pushed the pool back to ry to reduce noise at the garden side of their house

No way would I be putting a fence up and spoiling my view. They must have realised they were overlooked when they bought it/built it? Couldn’t they have removed a load of soil before starting building if it was going to be an issue?

I think you’ve been fair in agreeing to move the pool location.

I think pools encourage outdoor socialising and if your children are older that's even more of a concern for the neighbours - if your garden becomes the go to hangout for all the local teens or pre teens.

That's not to say they've got any real grounds to object but I can see why they'd be concerned.

They've requested. You've declined. The could quite honestly put up a 2m fence on their side if so minded, as you didn't buy the mountain view, you only bought the house and land.

As for the pool, tbh I wouldn't be moving it as it sounds like regardless they'll object.

@MotherExtraordinaire on the boundary they cant put up a 2m fence without our agreement because it doesn't comply to building regulations. They could put a 2m screen fence 2m further down the slope if they want to but it can only co.e 80cm above our land.
Properties with views cost considerably more so in a way we have bought the view....
@BecomeStronger friendz of the teens is something we need to be aware of. We definitely don't want to upset any of our neighbours with noise and our kids are very aware of it. Neighbours at the back of have no problem with us having a pool.

I personally love a lively neighbourhood with the noise of children playing (fighting and screaming is all part of it) but I realise others don't .... and tbh I've ended up living in the wrong country for it.

I would just ensure that everything complies with regulations - take the emotion out of it. They're massively trying it on. Why would you want to break the rules and lose your views? Crazy. I would politely tell them that you're not allowed to do that, and if they get too intense start directing everything through a solicitor.

Why didn’t the previous owners put up a fence? I’m assuming they also said no and that was the end of that, the neighbour is just trying his luck with you the new owners hoping that as new owners you will bow to his wishes.

We have a pool in the uk. No pp was needed. Just built it. You could be just as noisy without a pool.

They built a house knowing it was overlooked by you. You didn’t object to them overlooking you at the design stage. It’s a recipe for disaster isn’t it? You have both ended up with problems. I would have sold! Don’t build the fence but I guess he could build something in his own Land where you suggest. Is that the compromise?

Thanks @AlwaysLatte
@BrieAndChilli they ripped down the old house that stood there and have used the land complet6differently. . I'm not sure what it was like before.

[quote Todayissunny]@MotherExtraordinaire on the boundary they cant put up a 2m fence without our agreement because it doesn't comply to building regulations. They could put a 2m screen fence 2m further down the slope if they want to but it can only co.e 80cm above our land.
Properties with views cost considerably more so in a way we have bought the view....
@BecomeStronger friendz of the teens is something we need to be aware of. We definitely don't want to upset any of our neighbours with noise and our kids are very aware of it. Neighbours at the back of have no problem with us having a pool.[/quote]
You may have paid more but if someone bought some land between you and the mountains, it wouldn't matter that you'd paid more, you'd lose it....

Presumably they could find other ways that would be within the regulations to increase the boundary height, such as foliage etc?