Fence blocking out light to door

80
Found 3rd Oct 2012
Does anyone know where the law stands on this? Found a lovely 6ft (including wall its on) fence had been installed just feet from our back door blocking out most of the light.

At least I get the satisfaction of knowing they have been ripped off with poor quality panels, installed upside down, wonky and with half the bolts missing from the post shoes!
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MiscDoorFence
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Would this be acceptable to you?
http://i155.photobucket.com/albums/s308/harlzter/20121003_150116.jpg

http://i155.photobucket.com/albums/s308/harlzter/20121003_145909.jpg

http://i155.photobucket.com/albums/s308/harlzter/20121003_145956.jpg

http://i155.photobucket.com/albums/s308/harlzter/20121003_145920.jpg

About as straight as the "fencing and decking" professionals who did the work are I think

http://i155.photobucket.com/albums/s308/harlzter/20121003_150208.jpg
David Bailey, eat your heart out.
If its on their land Im not sure what you can do. You can possibly take them to court and say it is interfering with your basic right to enjoy your property. << I'm sure I've heard something like that before.
No one on this forum can tell you.
Check your local council.
what is the other side of the fence then?
What have you done to annoy them?
deek72

David Bailey, eat your heart out.


hey, never claimed to be a photographer, and the camera is the same as your phones
LDHughes

What have you done to annoy them?





nothing..










yet, but it may be a big bonfire that annoys them, the local kids nick all sorts of wood for their bonfires lol

At least I get the satisfaction of knowing they have been ripped off with … At least I get the satisfaction of knowing they have been ripped off with poor quality panels, installed upside down, wonky and with half the bolts missing from the post shoes!


They're probably the right way up on the other side.
Edited by: "Goonieman" 3rd Oct 2012
Goonieman

They're probably the right way up on the other side.



doh never thought of that one lol
harlzter

nothing..yet, but it may be a big bonfire that annoys them, the local … nothing..yet, but it may be a big bonfire that annoys them, the local kids nick all sorts of wood for their bonfires lol


Just asking as for a neighbour to rush up a fence without notifying you seems strange.
http://i.imgur.com/S6Pns.jpg
Yeah your side looks hideous but on their side they have a lovely fence and really they may have paid next to nothing for it so its win win for them.

Honestly though and I have a feeling your a little like me in this respect in that if they had done it to me it would be coming down sooner rather then later
Wouldn't they have needed permission to go onto your path to help install it?
churchill

Yeah your side looks hideous but on their side they have a lovely fence … Yeah your side looks hideous but on their side they have a lovely fence and really they may have paid next to nothing for it so its win win for them.Honestly though and I have a feeling your a little like me in this respect in that if they had done it to me it would be coming down sooner rather then later



I have a feeling you are probably right, luckily it doesnt look well treated and I do a lot of jet washing down that side X)
dinkii

Wouldn't they have needed permission to go onto your path to help install … Wouldn't they have needed permission to go onto your path to help install it?


no as its only bolt down shoes and posts went up first.
harlzter

no as its only bolt down shoes and posts went up first.



How well do you get on with these neighbours?
That fence looks terrible. If its on their boundary you can't do a thing unfortunately, but while they sleep you never know what might happen to that fence
http://webarchive.nationalarchives.gov.uk/+/http://www.communities.gov.uk/planningandbuilding/planning/planningpolicyguidance/planninginformation/planningfactsheets/planningfactsheetovershadowing/

"Surely I have a right to light?

For rights to be enforceable, they have to exist. A right to light will come into existence if it has been enjoyed uninterrupted for 20 years or more, granted by deed, or registered under the Rights of Light Act 1959. Planning permission does not override a legal right to light.

Where a right to light is claimed, this is a matter of property law, rather than planning law. The local planning authority will have no role or interest in any private dispute arising. It would be for the owner or occupier affected to see if a legal remedy would be available. If an injunction can be obtained, it might be possible to prevent someone proceeding with works, even if the works had both planning permission and approval under the Building Regulations. Otherwise, courts may direct that compensation be paid.

If you feel your property has private rights which may be infringed, it is best to seek your own legal advice as soon as possible. Each case has different facts and different chances of success. You should also see a lawyer if you think your Human Rights have been breached.

By the way, it is the Department for Constitutional Affairs which has overall policy responsibility for the Rights of Light Act."
so what is the other side, is it your neighbours garden or what?
harlzter

I have a feeling you are probably right, luckily it doesnt look well … I have a feeling you are probably right, luckily it doesnt look well treated and I do a lot of jet washing down that side X)




No wonder they put the fence up X) do they have rabbits on their side
I seem to recall that up to and including 6ft is fine, unless it borders a road.
The fence is the correct way up. Not a lot of light going to get through that door panel anyway.

It looks like a council owned property, did the council install it ?
Is it a shared drive ?
Inactive

The fence is the correct way up. Not a lot of light going to get through … The fence is the correct way up. Not a lot of light going to get through that door panel anyway.It looks like a council owned property, did the council install it ?



Its council indeed, but they ripped up an existing chain link fence to have this installed.
OldEnglish

Is it a shared drive ?


Pathway between houses the other side is the same (pathwise) just raised by a foot
churchill

No wonder they put the fence up X) do they have rabbits on their side



Yes but I also have carrots and onions in my fridge and an empty slowcooker
http://www.gardenlaw.co.uk/boundaries.html
When putting up a fence, custom dictates that the posts are entirely on your land and the face of the fence, points to your neighbours. It is worth is giving up an inch or two of your land to avoid it going onto next door and creating a dispute. This is especially so since you will need cooperation to be able to repair the fence from your neighbours land. Ensure it complies with Planning Regulations – ring them first.

If you are using Larch Lap fencing, where the panels sit between the posts, then make sure that the entire post is on your side of the boundary and that the top strip overlaps the lower strip on the fact which point towards your neighbours.
harlzter

Pathway between houses the other side is the same (pathwise) just raised … Pathway between houses the other side is the same (pathwise) just raised by a foot



I know at the front you can only put a 1m high fence, not sure about the side but that looks terrible i would ring the council
harlzter

Its council indeed, but they ripped up an existing chain link fence to … Its council indeed, but they ripped up an existing chain link fence to have this installed.




Well sadly if you don't own the property, the council can do what they like, within reason, to their property.

You could try making a complaint to the council.
harlzter

Pathway between houses the other side is the same (pathwise) just raised … Pathway between houses the other side is the same (pathwise) just raised by a foot



This is why I love shared ownership/access. Neither neighbour can do anything on the shared path without written permission.

Imagine instead of a 6 ft fence a full 2 story side extension going 6 ft passed the end of their house and you have an idea of what a friend of mine has had happen to them. They live next door to a builder with more spare workers than sense.
Edited by: "Plum" 3rd Oct 2012
Inactive

Well sadly if you don't own the property, the council can do what they … Well sadly if you don't own the property, the council can do what they like, within reason, to their property.You could try making a complaint to the council.


Sorry the property is council and the fencing contractor employed by the tenant.
harlzter

Sorry the property is council and the fencing contractor employed by the … Sorry the property is council and the fencing contractor employed by the tenant.



So they would need permission from the council to make changes like that, check to see if they were granted permission.
davelfc

http://www.gardenlaw.co.uk/boundaries.htmlWhen putting up a fence, custom … http://www.gardenlaw.co.uk/boundaries.htmlWhen putting up a fence, custom dictates that the posts are entirely on your land and the face of the fence, points to your neighbours. It is worth is giving up an inch or two of your land to avoid it going onto next door and creating a dispute. This is especially so since you will need cooperation to be able to repair the fence from your neighbours land. Ensure it complies with Planning Regulations – ring them first.If you are using Larch Lap fencing, where the panels sit between the posts, then make sure that the entire post is on your side of the boundary and that the top strip overlaps the lower strip on the fact which point towards your neighbours.




Thats all about "customary" ways to do it.
harlzter

Sorry the property is council and the fencing contractor employed by the … Sorry the property is council and the fencing contractor employed by the tenant.



If anything I think it being a council house could give you a better chance (not saying it's a good chance) of getting the fence taken down. It may be that they did not go through the correct permission process or it may come under causing a nuisance or some other condition of the tenancy. Worth looking into.
You cant do anything about this, and to be honest mate that window in the door isnt gonna let a lot of light in anyway is it?? Do you have kids that play down the side of the house and the neighbor doesnt like the noise or commotion etc? might be why they put it up?
A council tenant can not carry out alterations to a council property like that lol
Stop wasting time on here, get on the phone to the council, they are far better placed to sort it out, than a few well intentioned members of a shopping forum.
Plum

If anything I think it being a council house could give you a better … If anything I think it being a council house could give you a better chance (not saying it's a good chance) of getting the fence taken down. It may be that they did not go through the correct permission process or it may come under causing a nuisance or some other condition of the tenancy. Worth looking into.



There's a link at the bottom of that page for a forum, you'll get better advice there.
I'm sure the next windy night will wreck havoc on it.
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