Fence feud

[melaniejayne]

Hi everyone. Please help! Have a bitch from hell next door neighbour who we have fallen out with. We have a public footpath at the end of our garden which the whole street is supposed to keep clear (we do) but only the neighbours from our house to the end of our road. Our lady next door (who rents) hasn't got the path open on her left but uses ours on her right to walk her dog. She doesn't keep the dog on a lead and it enjoys weeing on our grass. She also talks to her mates on the path and smokes there. She is now planning to put up a fence (we heard her talking to some builders in the garden she hasn't consulted us). I understand she is entitled to build a 2m tall fence, but does she need planning permission if a public footpath is involved or that our house is grade II listed. Also, should we see if the council will let us cut off our public footpath or is it a case of tough luck.

[rja211077]

where is this fence going to be?

[melaniejayne]

In answer to rja211077, the fence will be down the left-hand side of our garden (her right) and end before the public footpath (I presume). Although, she hasn't consulted us so am not quite sure.

[Drewhound]

Is this a public right of way (can anyone use it) or is it just for the residents?

[melaniejayne]

Hi Drewhound. I think it is a public right of way. I'm not sure!

[Drewhound]

If it is a public right of way it's the councils duty to keep it open and usable (which council depends on where you live). I asked because I wondered if it was a shared access of the sort you find sometimes. I'm pretty sure she won't need planning permission for a 2m fence but check with the planning office, they are usually very helpful. As for the her dog coming into your garden it's complicated and the advice you'd probably get is to fence your own garden, there may be other approaches but it's probably the easiest way. Read more here http://www.nottinghamshire.police.uk/faq/detail.asp?pk_main= 47 How about speaking to her landlord? There are usually clauses in the rental agreement about how they behave, you never know, they might have something to say about it

[deltalima]

If the path is a public footpath then it is governed by the highways act, which states that a public footpath constitutes part of the public highway and any fence over 1m must be kept back 1m from the public footpath/highway. However, there could be a covenant within the deeds of the properties which restricts any fences being erected. I would check your deeds as next door's will more than probably have the same clauses. However,I would most certainly contact your local planning office as your first port of call.

[sthornton]

Hi MelanieJayne

I work for a tv production company and am making a show which attempts to solve neighbourhood problems. My email is [Email address removed as per site policy. - AB Editor]... would love to have a chat and tell you a bit more about it if you are interested.

[AB Editor]

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