Our neighbour built ‘concrete PRISON’ in their backyard costing us all our sunlight – it used to be a tiny wood shed
A FAMILY’S perfect garden has been turned into a “prison” after their brazen neighbours built an unauthorised concrete extension.
The disgruntled homeowners claim the imposing grey development also blocks sunlight and destroys their views.
The family claimed the wall of concrete made their garden feel like a ‘prison’[/caption]The controversial structure was built in Autumn this year in Slough, Berkshire, without consultation with the local council.
Furious, the family complained in an objection letter to Slough Borough Council in September.
They said how they had been “left in darkness” and described the building as having an “overwhelmingly unpleasant” impact on their home.
“The visual amenity of the structure is unappealing, resembling a prison wall and making our garden feel overwhelmingly unpleasant,” they wrote to planning officials.
They also complained about a treehouse with roof access that posed what the family described as a “worrisome” privacy risk.
Before the extension, there was a wooden fence separating the properties.
On November 11, Slough Borough Council refused to grant retrospective approval for the extension.
Planning officers said the building was out of place with the house and the rest of the street.
Councillors also said that there had been no pre-application advice sought by the developer before building work started.
They also said that there were no obvious amendments that could be made to the structure to make it more likely to get planning approval.
The Sun has approached Slough Borough Council for comment.
This comes after a homeowner was left seething when they received a bill from their neighbour demanding £200 for the cost of their new fence.
Taking to Reddit in a recently resurfaced post, the infuriated bloke shared a snap of ‘his new fence’ along with the note that he had been left by the neighbour.
The note read: “We have attached the invoice for the fence that we recently built between our boundaries, we feel that it is only fair that you should pay half the cost considering it benefits both of us.”
It goes on to say that while they are expecting payment, by no means should the man consider the fence his own property.
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 Jacksons Fencing.
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 also ask that there are no modifications made to the fence as it is still within our boundary e.g. painting or hanging objects,” it continues.
“We have had to give up part of our walkway in order to build this, anything that is done on the side facing you will be removed.
“When payment is made we will give no ownership rights over the fence.”
The huge extension replaced a wooden fence and small shed[/caption]