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My motherinlaw passed away in July this year & her daughter is going to take over the house but because of probate ect, has not yet moved in. The nighboour has now pulled out a well kept hedge & errected a 6ft high fence. It has left a gap at the front of her drive where the hedge met a small fence panel. It has also restricted the light into the front room. The hedge is on my mother inlwaws boundry. Can the neighbour do this with out any notice.

2006-12-06 07:33:17 · 11 answers · asked by Anonymous in Home & Garden Garden & Landscape

11 answers

Do you know who paid for the hedge, planted it, and maintained it? Do you know if the hedge was planted exactly on the boundary line, or to one side or the other? In regard to the new fence, where does it stand in relation to the boundary line? Do you know exactly where the boundary line is? Has either homeowner made long and accepted use of property not on their side of the boundary line? Did your mother-in-law have any verbal or written agreements with the neighbor regarding the hedge or erection of a fence? Have you spoken with the neighbor?

There are several generally-recognized legal principles at work here, and there may be some specific laws/regulations at work in your city/town/county/state. I kind of doubt that you can prove an unfair taking (of view, light, property value) solely based on the height of the fence. If they've destroyed your property or violated your boundary, then it's likely to be a different story.

It seems to be a little bit shady that this person chose this time to take this action, while no one was around to dispute the action.

Try talking to the neighbor first to get their side of the story. If you're not satisfied and it really sticks in your throat, get a consultation with a lawyer. They won't charge you much to just come in and talk for a few minutes.

2006-12-06 07:53:27 · answer #1 · answered by mattzcoz 5 · 0 0

I bet the knew EXACTLY what they were doing. It's not very neigbourly though. They are probably apprehensive that the house wil be sold, and that the line of the hedge wasn't right on the boundary, so they erected a fence which WAS right on the boundary. Marking out their territory.

In Scotland at any rate 6 feet is OK between properties without asking.. Out the front though, things can get a little vague. If the fence is an eyesore you should have a word with the neighbour.

How well did your mother in law get on with these neigbours? If the fence is right on the boundary there probably isn't much you can do .

I'm also a bit curious about why you needed to say a "well kept " hedge.

You need to talk to these neighbours first, I can't help thinking there is a little more to this story and that they, also have a tale to tell.

2006-12-06 07:50:46 · answer #2 · answered by Not Ecky Boy 6 · 0 0

The height of a fence or hedge can go no higher than 6ft, but not sure about the front of a house.

The fence on your right out back and on your left out front is your responsibility, if this is the side that was taken up, your neighbour had no right to do this without your consent. If the hedge that was removed was on your right out front, then there is nothing you can do other than ask them politely if you can purchase and erect a 4ft panel to replace the offending 6ft piece, and ask if you can have a piece of panel made to fit in the gap.

2006-12-06 07:57:24 · answer #3 · answered by Spoonraker 3 · 0 0

1st of all the people living next door should not have put up a fence in place of the hedge without prior notice being given to you,if the hedge was on the boundary line.but if the hedge is on the boundary line and if the next doors are responsible for any fence on the line,then I'm afraid they can do this ,,but and there's more...the type of fence then comes into question !! depending on the surrounding gardens and what they have ? if it's in keeping with everyone Else's frontage then it's case closed..but was the original hedge as tall as the fence is now !/might i suggest that if you have any photo's showing the hedge,and have you any photo's of the new fence now??if you can get some photos and send them over by email to us we'll have a look for you.have you said anything to your next door neighbours
about this and what have they said ??...im tony you can contact us on ( gardeningsolutionsbedfont@hotmaail.co.uk ) all the best tony

2006-12-09 06:01:01 · answer #4 · answered by rebecca a 1 · 0 0

If the hedge was planted and maintained by your mother-in-law and on her side of the boundary the neighbour was out of order but boundary disputes can be expensive and create a lot of friction and may never be resolved. It sounds like the neighbour has taken advantage of the situation and staked their claim. I don't think I would want to live next to this person and would consider moving elsewhere. Remember when the house is sold any disputes have to be declared as part of the information to the buyer.

2006-12-06 08:04:00 · answer #5 · answered by Daddybear 7 · 0 0

You need to speak to your local planning office, they will advise you on required fence heights. Heights of fences to the front of property are often restricted to no more that 4 feet.
The neighbour can erect anything on their own property as long as it does not infringe local bye laws, planning consents or building reg's. If the fence was put up on their side of the boundary, you have no redress.
Important! When you sell your home, one of the enquiries you must answer is : Have you had any disputes with your neighbour. If the answer is yes, buyers may wonder whether they should move into a home next door to difficult neighbours. -Try not to put into writing any disagreements with the neighbour.

2006-12-06 07:56:35 · answer #6 · answered by Davy Crockett 3 · 0 0

If the fence is yours and their hedge has brought about damage for your fence they ought to replace it. Odds are they wont opt to pony up the money except you push a regulation in advantageous condition..Are you one hundred% confident the hedge has pushed the fence over and its only no longer fallen because of the age of the fence I dont understand of any bush it extremely is so reliable it really is going to knock over a fence. I really have hedges/bushs alongside my fence on my sources as well as my neighbor has them planted in his backyard alongside my fence on the sources line and we dont have this problem

2016-11-24 19:18:26 · answer #7 · answered by ? 4 · 0 0

To not cause issues with the neighbor call zoning and explain it to them , let them just drive by and see then fine him and make him remove it. You don't have to be the bad guy. You vote these people into office let them earn their money. Cuz knowone whats to live next door to someone that will cause problems, that only creates more problems let zoning be the bad guys and make sure you let them know that you did not call!!! They have to protect you also. You just might have to keep on them. You can also have property surveyed but that will cost you money,

2006-12-06 12:14:50 · answer #8 · answered by dodgeum43 3 · 0 0

No... there are restiction on height especially at the front of House's, they are govered by the local County Council, go and see them or check out there web site....

2006-12-06 12:52:07 · answer #9 · answered by Anonymous · 0 0

Make a report to your local council, they will send somebody round to assess the situation and take any action necessary.

2006-12-08 18:51:11 · answer #10 · answered by Jovi Freak 5 · 0 0

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