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Neighbour building smaller bondary

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lleeoo | 08:40 Fri 28th Jan 2011 | Law
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Hi
My neighbour lets out his property next door. Currently, there is a brick wall boundary (which is his) with brick piers and half fence panels which is falling to pieces. I'm informed by the letting agent that this is going to be repaired to meet their letting criteria but with a brick wall approx' 3ft tall and no higher. The current boundary is approx' 6ft tall. Is he entitled to do this? Or should he replace like for like. The 6ft boundary wall was there when I bought my property and it does maintain privacy in my garden as well as keeping the garden secure for my dog. My neighbour is a very unreasonable man and he will undoubtedly take the cheapest option has he no longer lives there. Appreciate any help.
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The short answer is yes be can do this. If it's you thats after privacy, you need to put up a fence of your own. Fences over 2.0m high need planning permission.
Yes, he can do what he likes with his own wall, within the confines of planning laws.
You can erect a higher fence or wall on your side of the boundary provided it is not affixed in any way to his wall unless he gives permission.
One possibility is that there may be a clause in the deeds of your property and his specifying the kind of wall, in order to preserve the appearance of the housing development.
For instance, I have seen estates where no wall could be higher than 2 feet, to preserve an open appearance.
Unless the wall is required in HIS deeds, then he is not required to have any wall or fence on the boundary - unless he needs to control an animal.

In theory, he can take down the current wall and leave it at that.

If you are concerned about your privacy, then it is up to you to provide your on fence/wall that must be wholly your side of the boundary, not in any way attached or reliant uponn your neighbours wall with express permission and not higher than 2 metres without planning permission ( 1 metre adjacent to the highway)
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Thanks for your answers, very much appreciated.

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