FENCE OFF
Our neighbour’s 6ft privacy fence blocks off garden they DON’T own… but council bosses won’t listen & we won’t let it go
The family maintain they had previously received verbal agreement
A PENSIONER has slammed his neighbour's 6ft privacy fence which borders a garden they don't even own.
Fred Tucker, 84, complained to his local council after the family, which lives opposite him, built a fence around a grassy area next to his house in Cwmparc, South Wales.
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The family have never owned the land, which is now inside the boundary fence, but say they have leased the land from the council since January 2017.
They had no formal planning permission for a garden area or to erect the fence when they did so last year.
Up until then the family used the area to park vehicles while Fred said he would sometimes use the land to turn his caravan around.
But last year the family built the fence around the modest section of land in order to extend their garden.
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Have you been involved in a neighbour row over a fence? Contact: [email protected]
Fred said he approached them after they began building the fence and asked if they'd received planning permission.
It transpired no formal planning permission had been given - although the family maintain they had previously received verbal agreement to use the area for gardening purposes.
They claim they'd been incorrectly informed by someone working for the council that they didn't need planning permission for the fence.
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Fred then said he'd complain to the council in order to have the fence taken down or reduced to a metre in height.
The family was told they would have to apply retrospectively and has now won the case to keep the fence as it is.
They have also won approval for change of use to use the area as a second garden.
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Fred said the planning result has left him baffled.
He had sent the council a document signed by 54 neighbours who objected to the plans but Fred said his efforts "made no difference".
Fred said: "The land is not their land. The land belongs to the council. You can't see cars coming down the hill and around the corner.
"It also completely blocks my view from my drive and my window.
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"I used to watch for the bus at the top of the street and I'd wave at the driver and he'd wait for me. I can't do that anymore.
"I've had a nice view of the hills for 40 years. Now I look at that fence."
The family who erected the fence said: "We asked the council as to whether we could enclose the land without the need for planning permission.
"We were told in writing that consent wasn't needed and so we proceeded to erect good quality fencing to enclose the land to become a play area for our young daughter.
"Mr Tucker then kicked up a fuss with the council that the land didn't have planning consent.
What are your rights over a fence row?
IT'S very important to know your rights if you are embroiled in a fence row with a neighbour.
How do I know which side I own?
A boundary feature can be a fence, wall, hedge, ditch, piece of wire, or sometimes even just the edge of a driveway.
The only way to know for certain who owns what side and to avoid any neighbour disputes, is to refer to the title plan or Land Registry.
In this, the T mark is used to indicate who the boundary belongs to and therefore who is responsible for its upkeep, say pros at .
Larger developments tend to have some indication provided by the builder, but there are no hard and fast rules
People often think they are responsible for the left (or right) hand boundary wherever they live, but there isn’t any legal basis for this.
You can check with HM Land Registry to see which boundary feature you are responsible for.
Often households can't get hold of the paperwork but experts say they shouldn't panic.
Homeowners can guess who owns the fence by checking where the rails are.
Pros say: "The fence is typically facing away from their property so that their neighbour gets the ‘good’ side.
“This is the most secure way of facing fencing so there are no rails for anyone to use to climb into your garden.
“This is then repeated with the neighbour on the other side to ensure that each home has both a ‘good’ and ‘bad’ fence side.”
Walls and fences are often built on the land of the boundary's owner with the edge of the wall marking the limit.
While professionals agree a glimpse at the fence can give you a hint, it's not foolproof - so you can't be certain.
Fines and punishment
It is recommended to always check legal documents before making changes to avoid hefty fines.
There is no law that the neighbour has to get the good side of the fence, so it's completely up to whoever owns the fence.
Fencing pros have suggested: “It may be worth selecting a double-sided panel with no ‘bad’ side as both sides look the same and rails are concealed within the fence panel.”
If one boundary backs onto a road or footpath you can install the panels with the rails on the inside
But if it's installed on the outside, it can provide an “easy ladder for burglars to enter your garden”.
The Royal Institution of Chartered Surveyors (RICS) and the Property Litigation Association have created a mediation service to help neighbours resolve disputes over their property boundaries without resorting to court action.
RICS also provides a list of surveyors who could assist in boundary disputes.
If a dispute continues, it is ultimately a court that makes decisions, but they do not like such disputes being put before them.
Changing a boundary
If you want to change an existing boundary, such as replacing an old fence with a new one, we always recommend discussing with your neighbour first and making sure it is all agreed.
The registered titles can help you to reach an agreement, but only if this information has been added.
In terms of decorations on a fence legal advisers recommended asking around over who actually first installed it.
But they also urged caution before getting to work on amending the fence without getting more certainty yourself - since there is a danger of actually being prosecuted for criminal damage.
How high can a garden fence be?
The height of the fence is measured from your ground level, this can have an impact when, due to slopes in the ground, your garden may be at a higher level than your neighbours'.
A garden fence can be as high as 100m but you need to get planning permission if it's over than 2m.
However, there are some complications to this.
If you are thinking about front garden fences, restrictions state that fences alongside a driveway can be a maximum of 1m or 3ft.
You would need to get planning permission for putting a trellis on a fence of 2m.
But, if any plant that you grow on that trellis exceeds 2m, you do not need to obtain a permit for the growing plant.
"We then had a meeting with planning enforcement and he informed us very apologetically we did actually need planning consent which we attended to immediately.
"The process took a long time and that was when Mr Tucker put up signs to attempt to intimidate us."
A spokesperson for Rhondda Cynon Taf County Borough Council said: "The council can confirm it is the owner of the land in question and has leased it for use as a private garden curtilage.
"In January 2024 the planning and development committee considered an application to change the use of land to a garden curtilage, which included installing a 1.8m fence.
"Officers recommended the application for approval as the proposal was typical of such residential areas, was considered acceptable in visual terms, and was deemed to have no adverse impact upon pedestrian and highway safety.
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"A number of objections were made against the application including by a local resident who spoke in the planning meeting.
"Having considered all relevant material planning considerations, members of the planning and development committee resolved to approve the application."
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