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Neighbours Fence

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*Princess* | 13:30 Tue 18th Oct 2005 | Home & Garden
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We live in a bought council house, and we have a lot of problems with our neighbour, who is a council tennant (and doesn't work, claims every benefit going...but that's a different story!) Anyway, we have a fence between our gardens, and this morning he's got someone to put up another fence, about 1 foot away in his garden, which is 6 foot and has the fence posts on our side.  Rang the council who say he hasn't got permission AND he has the fence posts the wrong way, but they can't do anything :(

So really I'm after some advice, what can we do?  We can't speak to him, he's not a nice man unfortunately.  He likes to throw stuff in the garden, scare my pet chickens, sound abuse at us...that kind of thing.  Is there anything we can do?

Thanks for any help!

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what exactly is the problem with the fence that he's erected, I assume you cant see it because its behind the original fence?..is it the fact that its highter than the original one?  (sorry dont mean to be ignorant just trying to get an idea of the situation) 

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It's mainly because we have the ugly side i.e. the posts.  Also the fact that it's 6 foot block our view - its a lovely field and it's a shame to miss it. 

 

It looks awful to be honest, a big fence with a little one in front, it looks odd.  I didn't know why he didn't just take the old fence out and replace it (not that there is anything wrong with it) but now I realise that it's because he doesn't have permission.

I don't think there is any law that says which way round you have to erect a fence. Its usually put up with post on the owners side to show just that, who owns the fence. I don't think theres much you can do except grow something in front of the shorter fence so that it looks like there is only one fence there or better still grow some shrubs to hide them both. Its a shame when you lose a nice view but theres no guarantee when you buy a house you will keep that view. Can't see much else you can do really.

As he is a council tenant, he has to abide by the rules under his tenancy agreement.  This includes the fence, which the council should be making him take down.  I think they've just fobbed you off.  If he continually breaks the rules of his tenancy, and you complain in writing with evidence to the council, they should move him to another area. Unfortunately, these things do take time, and cause a lot of stress, so be sure you want to fight it all the way before continueing. I wish you all the luck, I know what it's like to have rotten neighbours!!!!

Hi, Princess, I've had exactly the same problem of posts being on 'wrong' side of a fence.  My solicitor advised that there is no law about it, but it is customary to have them on the side facing the owner of the fence.

But no law, sorry ;-(

Not sure about the situation regarding the fence actually being there.  He would not need planning permission but probably would need permission from the owner of the land, most likely this is the Council.  Maybe they would make him take it down?

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