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Aries on MacBook 22-09-2010 11:48 PM

Fencing height
 
On 22/09/2010 22:34, Sacha wrote:
This isn't entirely safe advice because to some extent it depends on the
land the house was built on. For example, houses built on Church
Commission land may have covenants attached that have nothing to do with
normal planning and housing laws. That's why I suggested Val looks at
the Deeds to their house if she's thinking of putting in a fence instead


It will be interesting to have a look at them, I'm curious now.

--

http://www.ariesval.co.uk/val

Aries on MacBook 22-09-2010 11:49 PM

Fencing height
 
On 22/09/2010 22:26, Martin wrote:
On Wed, 22 Sep 2010 11:47:48 -0700 (PDT), wrote:

On 22 Sep, 17:10, wrote:
We have a very tall (over 10 feet) Leylandii hedge around two sides of
our back garden. I hate it and would like to it replace with a high
fence where we could then grow fruit trees etc alongside it. Can anyone
tell me what the tallest legal height is that one can have re a garden
fence in England ?

--http://www.ariesval.co.uk/val


Forget about your deeds, irrelevent.
You can plant a hedge BTW and let it grow as high as you like subject
cutting light off from your neighbourd house.


We had this discussion about hedges a week or so again.
A neighbour can do nothing about a hedge cutting off light.
A neighbour can complain about a hedge being more than 2 metres high.
If the neighbour complains, the neighbour has to pay the councils costs whether
or not the complaint is justified. The council can order the height of a hedge
to be reduced to two metres, but not if reducing the height could kill the
hedge.


gosh this is getting complicated !

--

http://www.ariesval.co.uk/val

Aries on MacBook 23-09-2010 12:09 AM

Fencing height
 
On 22/09/2010 23:56, Sacha wrote:
On 2010-09-22 23:48:11 +0100, Aries on MacBook
said:

On 22/09/2010 22:34, Sacha wrote:
This isn't entirely safe advice because to some extent it depends on the
land the house was built on. For example, houses built on Church
Commission land may have covenants attached that have nothing to do with
normal planning and housing laws. That's why I suggested Val looks at
the Deeds to their house if she's thinking of putting in a fence instead


It will be interesting to have a look at them, I'm curious now.


I'm raising the question because a member of our family is selling a
house in this village. It is built on Church Commission land. There are
certain covenants - usual ones about them retaining mineral rights, for
example but the buyers' solicitor wanted to know if there was a Chancel
repair obligation (no!) and there is certainly a restriction as to fence
height - 6' either side of the house but the fence at the rear has to be
maintained rather differently and can't be anything more than wire,
IIRC. No idea why. OTOH, there is no mention of a restriction from
growing a hedge in that part of the garden. The lane in front of the
house is unadopted just where it meets her house but not in front of 4
houses above hers and yet the Council appear to repair it! From this
slightly convoluted experience, which I've been handling, I'd say that
there is no one size fits all which is why I suggest you look at your
Deeds. This may apply more in rural areas but there's no room for
complacency, IMO.


I'm not sure any of the above will apply to us. We live on the
outskirts of Tiverton on the south facing slopes of the Exe, not
actually in the town itself. We own a private drive leading up to our
home and running along one side of the drive and right alongside our
garden is an old railway which is now a lovely walking area with lots of
lovely trees growing either side of is so making our garden very
private. But at the bottom and south side of the garden is this very
overgrown leylandii hedge which in preference now I would like to see
topped off to a more reasonable height. Surely that won't kill it ?

--

http://www.ariesval.co.uk/val

Aries on MacBook 23-09-2010 08:44 AM

Fencing height
 
On 22/09/2010 22:11, kay wrote:
'Martin[_2_ Wrote:
;901067']On Wed, 22 Sep 2010 17:10:13 +0100, aries

wrote:
-
We have a very tall (over 10 feet) Leylandii hedge around two sides of
our back garden. I hate it and would like to it replace with a high
fence where we could then grow fruit trees etc alongside it. Can anyone

tell me what the tallest legal height is that one can have re a garden
fence in England ?-


My understanding is that below 2m you do not have to apply for planning
permission.

If you want to go higher than that, you will need planning permission
(and perhaps building regs permission re foundations).

So you could ask and see what they'd be likely to approve. Nothing to
lose if you're content to keep with a hedge if you don't like their
answer.



Out of interest I may do that Kay, thank you.

--

http://www.ariesval.co.uk/val

Pete[_9_] 23-09-2010 09:26 AM

Fencing height
 


"Aries on MacBook" wrote in message
o.uk...

I'm not sure any of the above will apply to us. We live on the outskirts
of Tiverton on the south facing slopes of the Exe, not actually in the
town itself. We own a private drive leading up to our home and running
along one side of the drive and right alongside our garden is an old
railway which is now a lovely walking area with lots of lovely trees
growing either side of is so making our garden very private. But at the
bottom and south side of the garden is this very overgrown leylandii hedge
which in preference now I would like to see topped off to a more
reasonable height. Surely that won't kill it ?



Provided there is plenty of green below the chop off level then
the wretched stuff will thrive after topping ( :-(
If the stuff below the top off point is dead greenless material then it will
likely die (:-)

Regards
Pete


kay 23-09-2010 09:44 AM

Quote:

Originally Posted by Aries on MacBook (Post 901107)
But at the bottom and south side of the garden is this very
overgrown leylandii hedge which in preference now I would like to see
topped off to a more reasonable height. Surely that won't kill it ?

Almost certainly not. But it might make it a funny shape. It;s very difficult to reduce the width (because it won't grow back if you cut beyond the limit of the green).

You could think if there's any way of removing the leylandii one at a time, replacing by fence panels for temporary privacy, then replanting a different hedge. But any hedge that'll grow to 7 or 8 ft in a reasonable length of time will take a lot of maintenance. So it depends how much you hate it. Have you thought of growing a Tropaeleum up it? - they've done that at York Gate and it looks very good, scarlet flower against the matte green background.

We're considering various options for our 30ft leylandii. Meanwhile the Church have reduced theirs to 10ft lollipops ;-)

Charlie Pridham[_2_] 23-09-2010 12:45 PM

Fencing height
 
In article ,
says...
We have a very tall (over 10 feet) Leylandii hedge around two sides of
our back garden. I hate it and would like to it replace with a high
fence where we could then grow fruit trees etc alongside it. Can anyone
tell me what the tallest legal height is that one can have re a garden
fence in England ?



Without planning consent 2M but you can go above this with a bit of
trellis or plants, if you like your neighbours and they agree then there
is no reason to not put up a fence the height you want, but no one can
object to 2M if its on your land.
--
Charlie Pridham, Gardening in Cornwall
www.roselandhouse.co.uk
Holders of national collections of Clematis viticella cultivars and
Lapageria rosea

Aries on MacBook 23-09-2010 02:34 PM

Fencing height
 
On 23/09/2010 09:26, Pete wrote:


"Aries on MacBook" wrote in
message o.uk...

I'm not sure any of the above will apply to us. We live on the
outskirts of Tiverton on the south facing slopes of the Exe, not
actually in the town itself. We own a private drive leading up to our
home and running along one side of the drive and right alongside our
garden is an old railway which is now a lovely walking area with lots
of lovely trees growing either side of is so making our garden very
private. But at the bottom and south side of the garden is this very
overgrown leylandii hedge which in preference now I would like to see
topped off to a more reasonable height. Surely that won't kill it ?



Provided there is plenty of green below the chop off level then
the wretched stuff will thrive after topping ( :-(
If the stuff below the top off point is dead greenless material then it
will likely die (:-)

Regards
Pete


It's all green and lush as it's been well looked after during previous
years. It's just far too tall and costs a lotta to have it trimmed.

--

http://www.ariesval.co.uk/val

harry 23-09-2010 05:46 PM

Fencing height
 
On 23 Sep, 13:13, Martin wrote:
On Thu, 23 Sep 2010 12:45:13 +0100, Charlie Pridham

wrote:
In article ,
says...
We have a very tall (over 10 feet) Leylandii hedge around two sides of
our back garden. *I hate it and would like to it replace with a high
fence where we could then grow fruit trees etc alongside it. *Can anyone
tell me what the tallest legal height is that one can have re a garden
fence in England ?


Without planning consent 2M but you can go above this with a bit of
trellis or plants, if you like your neighbours and they agree then there
is no reason to not put up a fence the height you want, but no one can
object to 2M if its on your land.


My daughter lives on a hill, her garden is about a metre above her neighbour's
garden. Is the 2 metres measured above her own garden or her neighbour's garden?
--

Martin


Neighbours.

Pete[_9_] 23-09-2010 06:02 PM

Fencing height
 


"harry" wrote in message
...
Without planning consent 2M but you can go above this with a bit of
trellis or plants, if you like your neighbours and they agree then there
is no reason to not put up a fence the height you want, but no one can
object to 2M if its on your land.


My daughter lives on a hill, her garden is about a metre above her
neighbour's
garden. Is the 2 metres measured above her own garden or her neighbour's
garden?
--

Martin


Neighbours


Own (imho)
Pete


Christina Websell 23-09-2010 06:05 PM

Fencing height
 

"harry" wrote in message
...

Forget about your deeds, irrelevent.

No!! They are not irrelevant at all if you ever fall out with your
neighbours over trees and fences and you've gone against your deeds.
Their deeds will be similar so they know what is allowed and won't hesitate
to use it against you to press their case.
Believe me on this and keep yourself on the right side of the law.

My neighbours, who I initially got on very well with have turned into the
neighbours from hell. We have big gardens, very long, 156 yds, but when a
limb fell off an old plum tree of mine 100 yards down and into their garden,
they threw it back over and damaged a lot of my plants, including a nice
Knipfo. That is entirely not necessary.
It really isn't important to be so territorial, particular as they rarely
even go down their garden that far. I know what they are doing it for, they
want me to take my Lawson's cypressus down in my front garden. Which I will
get reduced in January when the woodpigeons have finished nesting in them.
I told them that but what fun it is for them now to throw everything back
that they can prune that dares creep 1mm into their garden from mine. I
don't know how we got to that stage.

Normal neighbours might like to help someone who lost their husband and is
recovering from ovarian cancer - which they are aware of.
Seems not.

Tina





Tina



No Name 23-09-2010 07:08 PM

Fencing height
 
Christina Websell wrote:
My neighbours, who I initially got on very well with have turned into the
neighbours from hell. We have big gardens, very long, 156 yds, but when a
limb fell off an old plum tree of mine 100 yards down and into their garden,
they threw it back over and damaged a lot of my plants, including a nice
Knipfo. That is entirely not necessary.


Nick has been getting rather upset at our neighbours who chopped off his
grape vine when it started encroaching (at a height of about 10') over the
boundary, and previously he's been pushing the hop plant that tries to climb
over their fence back into our garden, which has broken the trelis and
snapped one of my lily trees.


Christina Websell 23-09-2010 07:52 PM

Fencing height
 

wrote in message
...
Christina Websell wrote:
My neighbours, who I initially got on very well with have turned into the
neighbours from hell. We have big gardens, very long, 156 yds, but when
a
limb fell off an old plum tree of mine 100 yards down and into their
garden,
they threw it back over and damaged a lot of my plants, including a nice
Knipfo. That is entirely not necessary.


Nick has been getting rather upset at our neighbours who chopped off his
grape vine when it started encroaching (at a height of about 10') over the
boundary, and previously he's been pushing the hop plant that tries to
climb
over their fence back into our garden, which has broken the trelis and
snapped one of my lily trees.

I suppose I can understand being terratorial if your garden is only a few sq
metres, but mine is not, and I expect yours isn't.
Never had a problem with previous neighbour, we accepted that we had enough
ground that if a tree encroached over the boundary, it just did not matter.
Mine would, or his would, we did not care either way.

Tina





Pete[_9_] 24-09-2010 09:43 AM

Fencing height
 


"mark" wrote in message
...

as an aside, I am sure I recall from the uk.legal.moderated newsgroup that
there is a misunderstanding of this action over property incursing into
others property.
This is the usual scenario where trees/bushes overhang a fence boundary
line.
It was, I'm sure, the considered opinion that the 'offending' material
that had crossed the boundary into adjoining property, when lopped/trimmed
back to the boundary line MUST be offered back to the owner.
The opinion was that just throwing back the overhanging material was quite
possibly an act of culpability..! One which, as in your case, could be
held to have caused damage and for which a property owner could
successfully claim for the damage done by the 'throwing back' of the
offending material.
I am not a lawyer but think I have remembered correctly the considered
opinion in that group (frequented, of course, by a number of legal
professionals..)
If this is so, and I'[ve no reason not to belive that, then it would be
absolutely in order to ask the neighbours to refrain from throwing back
any cuttings they make to your trees overhanging their property and that
they should ask you on each and every occasion what you want done with the
trimmings. Obviously, it follows, that if you do not want them then the
neighbour will have to dispose of them in another manner.
You do not *have* to accept things being thrown into your property...



Seems reasonable to me - except I do not see the point of the "each and
every occasion" factor.
Surely a happy to all precedent could be established, to cover all
occasions.

Regards
Pete
www.thecanalshop.com


Pete[_9_] 24-09-2010 12:04 PM

Fencing height
 


"Martin" wrote in message
...
On Fri, 24 Sep 2010 09:43:21 +0100, "Pete"
wrote:
Seems reasonable to me - except I do not see the point of the "each and
every occasion" factor.
Surely a happy to all precedent could be established, to cover all
occasions.


If you look up the law/regulation all it says is that cuttings/branches
belong
to the owner of the tree/hedge.
--

As owner he can give the material to the neighbour, if mutually agreed.

Pete



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