Help please, neighbours objecting to planned new fence

Hello everyone,
I've not posted for ages, but have been busy beavering away in my house and garden. I have a potential problem arising with my neighbours just now and I would appreciate everyones input/opinion.Sorry it's so long.
When I first joined this forum, my long, thin garden was an overgrown nightmare, I spent a lot of time, effort and money getting it cleared and cut back. On all three sides of garden were very large and wide privet bushes (15-20 feet high at the back) I have always intended to replace these with a good quality fence and have been clear about my intentions to my neighbours. They were not too happy, but as bushes on right side and at bottom of garden were entirely within my boundary that was ok.The left side bushes are shared, and those neighbours were very adamant that they wanted to retain them nor did they wish to share cost of fence. I really wanted a fence and had let them know that I would trim bushes back to boundary with a view to erecting fence behind them (on my side) when I had the money. When I got hedge trimmed back, neighbours unhappy with it, but still didn't want fence. Ok, I thought, I will pay for fence myself and the more I thought about it , the happier I was for fence to be owned by our family, when we could afford it.
Meantime, my other neighbours decided to put up their own fence on R side and it looks great.
Neighbours on L now decide that they do want a fence after all and want to split cost of taking out remaining hedge and putting up fence with us.
As I have already paid for (expensive)removal of hedge, I say I will think about it.
Fast forward one month, I have remortgaged and have some cash for improvements, get french doors put in and squeeze the cash for decking and fencing out of piggy bank. I then decide after much thought that I will stick to original plan of bushes trimmed to boundary and our own fence (not shared) put up.
Hubby goes in to inform neighbours of our decision/plan and gets very short shrift! They are outraged, say they are not having it and will complain to council( both properties are privately owned)They also tell my husband , unfairly, that we're not good neighbours and bang the door shut in his face!
I just want our garden safe and secure for our children to play in. I also want to get the men cracking on with this fence and deck, but I don't want to fall out with my neighbours either.
Thanks for reading this very long post. As I said all opinions and information will be very gratefully received.
Thanks again,
Linda

 

It's not easy having shared boundaries if you have difficult neighbours. Our neighbours erected a long fence (about 100ft long) at their own expense and didn't even consult us. If they'd asked we would have coughed up half the cost because it's a benefit to us as well as them.

 

Glasgowgreen, hope this will be of use to you.

http://www.direct.gov.uk

 

If the fence goes up on your side of the boundary and it isn't above 6' tall you don't need planning permission or even to consult neighbours.
I'm guessing now, but if the existing commmon boundary is a hedge and you decide to "trim" back your side and can do it without causing any permanent damage to the hedge, your neighbours can have no sustainable cause for complaint.

Might be worth a phone call to your local authority planning department just to set your mind at rest. Scottish law in relation to planning matters isn't quite the same as in England.

 

Thanks for your input so far,I've had a look at the directgov site. We are not breaching any regulations.
Dave W, the common boundary is actually an old chestnut and wire council fence, this is falling to pieces in the centre of the bushes. As the boundary is a straight line on the Land Registry form and there is an old brick shed directly on the line, it's quite easy to find the boundary. Saying that, the bushes won't be cut right back to the last inch! Nor will it harm the bushes, I cut other ones down to the ground before, the next year they were sprouting again.
I just feel that we have given plenty chances to sharethe work/cost, and it's too late now, we will go it alone.

 

Whats the problem ? you put up the fence, they pullout the remainder of the bush (if they so choose), they get a couple of inches and a free fence. I did the same, new development put up a fence their side of the shared hedge boundary, I gain 6 inches due to the thickness of the hedge and plant accordingly. The boundary remains shared and you own the fence cause its on your land. Just make sure you take before and after photos so that your fence does not become the new boudary, otherwise at some later date/neighbour may lay claim to it.

 

Good thinking there BM yes the before and after pics will be evidence.these kind of disputes are not uncommon. the courts deal with it in a fair way however the law is on your side. before it gets to this stage hopfully all parties should sort it out. Invite them all to a bbq and have a big pow wow about it and usually it clears the air. you are paying for the fencing i cannot see a problem. you are not encroaching into their property.

 

Hi Glasgowgreen.
You know, Fancy, is right. Before things get out of hand and the council, law or whatever get involved, you should try to come to some sort of compromise with your neighbours. After all, you may be getting a nice new fence but if you are enemies with your neighbours things may go from bad to worse and it is not pleasant living with the enemy. Before you know it, they, or even yourselves, are nitpicking over every little thing and life becomes unbearable.

Certainly invite them around for a drink or three and ask them what they think BEFORE you put in your tuppence worth. Meet hostility with kindness and you will be surprised how things get sorted. Let them have their say first and they will not feel threatened and any anger they have will have been quelled before you get into negotiations (usually about the second glass).

Trust me, it works.

And, as you have already experienced, going to TELL them what you intend to do doesn't work. It rarely does when both sides are feeling threatened.

I hope you can all come to some amicable conclusion and enjoy your boundary together and remain friends. It may be that you have to compromise somewhere along the line but it seems as if they are willing to cough up some cash so work on that.

Good luck

 

Mefinks Kryssy has put it well

 

council wont get in the middle of this you can put a 6ft fence up on your side and your neighbours cant do a thing about it i put up a 6ft fence between my self and neighbours and like you i left the hedge i think we might be in the same council

 

Hello again everyone, thanks so much for taking the time to reply.
I have taken advice from you all. Photos are done BM! Saying that, I don't think invitations for drinks or BBQ would work, my neighbours are more than 30 years older than me and I can't BBQ!! Also, I honestly didn't just tell them my intentions, I have discussed this many times and previously tried to negotiate, they were just not interested. I should probably learn to be more assertive, though, as I did put it off for a week or two, letting them know I wouldn't be sharing costs as I guessed the reaction. I feel it's more to do with money, they are reluctant to shell out for hedge removal and they have refused to meet communal repair costs before. I had already paid up last year.(At that time we were willing to meet all costs for both hedge removal, disposal and fencing) I just hope it turns out to be a nine day wonder and I can get on with planning and planting

 

As said before, Scottish Law is not the same as English Law. In English Law it is usually stated who is responsible for which boundary. Try to find out how you stand regarding this. Do not on any account remove the Chestnut and wire fencing unless it is your boundary. If you are responsible for that boundary then you can remove and replace it with another. If it is not your boundary you can still erect your own fence on your own land.

 

As said before, Scottish Law is not the same as English Law. In English Law it is usually stated who is responsible for which boundary. Try to find out how you stand regarding this. Do not on any account remove the Chestnut and wire fencing unless it is your boundary. If you are responsible for that boundary then you can remove and replace it with another. If it is not your boundary you can still erect your own fence on your own land.

 

Thanks for your input, Larkshall. There is nothing on Land Registry that states who is responsible for boundary. I have not touched old chestnut fence and have put posts in place in front of it. I have to say, the deck is now in place and looks fantastic!!

 

Hi there Glasgowgreen,

I read your problem with dismay as I have a rather highly strung neighbour to say the least. Their fir trees overgrow our 6ft fence along our patio and the dog was choking on some of the fir they trimmed and threw over our side (don't ask me why the woman did it), I gently asked that she notify me by giving me a knock to let me know when she was about to do it next time so i could keep dog's indoors until I cleared the debris from my patio, (rather nice of me i thought as it is OUR boundary and HER debris). This reasonable request was met by shrieking, swearing and comments of a personal nature. My only reaction was to tell her to grow up (she is in her 40's). Hubby went and explained the situation to her husband who is quite quiet and reasonable although so heavily henpecked you can almost see the scars

Some people unfortunately have a natural urge to turn a minor problem into an all out war. I just simply don't talk to her now so as not to be accused of anything (apparently according to her i have mental problems ).

Thankfully my neighbours on the left are lovely. I was a bit worried at first as the man informed me that they do not approve of bbq's :rolleyes: ,
or noise of any discription. His wife is lovely, a really sweet old lady. We have now been here 6 years and get on famously with all our neighbours (except her up the top), in fact the sweet lady next door says she never knows whether we are in or out as we are so quiet. Now her husband gives us some homegrown green beans each year and i do the odd bit of shopping for them and have a nice chinwag on the odd occasion.

Her up the top is avoided by pretty much everybody which is sad but you reap what you sow unfortunately.

The reason i have told you my story is to let you know you are not alone, some people will find any excuse to be unreasonable no matter how nice you are. One day i am sure she will implode (her up the top)but until then and/or she receives some kind of epiphany regarding peoples dislike and avoidance of her and changes her attitude she is going to be very sad and lonely.

So you can only do your best

Don't exasserbate the problem but be firm about your needs too. A compromise can hopefully be reached in your case, unfortunately with "her up the top" this will not in the forseeable future be the case. She hates the facdt that i won't argue with her

Best wishes