My neighbour’s house and garden is slightly higher than ours and I believe that the boundary fence is their responsibility. A build up of earth and other materials on their side of the fence has caused the fence to rot away, which results in earth and vegetation falling or growing onto our patio.Also as their garden and patio is higher than ours we do not enjoy any privacy in the summer months.We are not on good terms with our neighbours so I have decided to put a new fence up next to theirs.The fence there at present is approximately 1.2 metres in height and I would like to put up a 2metre fence on our side of the border and leaving their fence intact.I would like to know whether I am allowed to do this and would the 2-metre height be taken from my lower side of the garden or from their higher side?A Carter
Province/Country relating to question : Surrey
We have tried to contact them by letter but they have not answered.
The safest answer to this question is that you should check with your local council since it is the council that would enforce any perceived breach of planning law caused by a fence which exceeds the permitted level. Also whilst the general rule is that planning permission is not required for a fence that is 6 feet high from base to top there can be local council restrictions if ,say, a property is in an particular area .Just as an example I used to live in a road where the fence height was restricted to 3 feet to preserve the look of the area.( I expect the measurements were metric but I am stuck in Imperial)
Take the opportunity to check whether you can measure the fence from their garden level rather than the base although I would not be too optimistic about it and make sure you keep a note of who you spoke to and when in case any objections arise from the neighbours
I hope this helps you steer a safe course.If I have missed something or you have further questions kindly reply
BA honours degree in law, over 20 years experience in litigation, contract and property matters
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