Emyr Pierce

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Front garden fence is just the limit

My next door neighbour has had a new 7 ft fence erected along the boundary of our front gardens. Is this legal? I think there is a limit a height a fence can be erected in a front garden.

You are correct. There is a limit to any wall or fence in front of the building line in any property. Such a wall or fence must not exceed two metres and, in some cases, one metre in height.

In many modern properties the frontages are left “open plan” and any building in front of the Building Line is prohibited. This maintains a modern open plan environment on most new residential estates.

As your neighbour has already erected such a fence then you should contact the planning department as a matter of urgency.

Neighbour cut down trees without permission

I recently agreed with my next door neighbour that he should replace the boundary fence between our properties. I have given him one half of the cost of the materials as he offered to do the work himself, but as well as erecting the fence he has also chopped down a number of trees in my garden.

This is most unfortunate – and clearly without your authority or consent. It effectively amounts to an act of vandalism to your property. The position is somewhat complicated as you allowed him to access your property to replace the boundary fence, but it would appear that he has simply taken advantage of this opportunity to cut back or destroy the vegetation on your property.

It is understandable that, in repairing or replacing the fence, there may be a need for him to clear or cut back any vegetation which either interfered with, or could possibly cause ongoing damage to, the fence, but to enter onto your property and cut back trees which were clearly within your boundary and not in any way affecting the boundary fence, amounts to a wilful act of vandalism on your neighbour’s part, for which he is technically liable.

Presumably the extent of the damage caused, and how unreasonable this was in the course of replacing the fence will be apparent from any photographs which you should take of your garden and such photographic evidence can then be used in support of any subsequent action which you may be advised to undertake. If necessary, seek the advice of your solicitor.