Hi,

We live in a semi-detatched in the middle of a town, with a small yard – and that’s about it. Next door is a ‘buy-to-let’ property with tenants that stay for 6 months to a year. We have a right of access through their back garden and this has always been our main access point.

The boundary markers are a 3 foot fence against the property and a similar size brick wall that retains their raised garden. Along the boundary line, we have a washing line as this is the only place to have one.

The property owners now want to install high trellis fences to encourage plant growth and to effectively block us from their bargen view.

This will mean that we will be unable to use our washing line AND will seriously cut down on the light that comes into our kitchen and garden (the boundary runs East/West and we are on the North side).

I have a meeting with the property owner this weekend to discuss their plans but from the tone of the emails, they have made up their mind and have effectively told us they object to our washing blowing over their property and that we should move the line. We have no alternative siting for the line and this will effectively prevent all use of the line.

Is there anything I can do to prevent this from happening (assuming the discussion on Saturday doesn’t work)? They don’t need planning permission (I wouldn’t have thought so!) but do I have any rights on restricted light to my property and use of existing amenities?

Sorry for the waffle……

Thanks,

Carl.

I had a similar situation a few years back & was advised at the time that right of access means exectly that – you are only entitled to use the designated route for access to/from your property.

We had been storing our wheelie bin in an alley we used – it didn’t block it and we were the only people that needed to pass it – but the owners of the house next door had us remove it as they didn’t want it there when prospective buyers came round. God knows why ’cause you couldn’t even see it from their property.

Right to Light guidance here: http://www.communities.gov.uk/planningandbuilding/planning/planningpolicyguidance/planninginformation/planningfactsheets/planningfactsheetovershadowing/

I don’t think there is much you can do TBH, but good luck.

In Scotland at least you don’t have a right to daylight nor to hang your washing over another’s property. Have you checked planning regs etc? (I doubt they’ll hlep but worth a try)

boundary disputes can quickly escalate into expensive and stressful situations
i would advise you contact your solicitor and get them to summerise your exact rights in relation to this
then i would have a think about what comprimises you are prepared to give eg. you will move washing line if they don’t put up trellis fence etc however, bear in mind you do not want to be “giving them” anything that may reduce the value/saleabilty of your property
remember if and when you do sell you need to disclose any disputes with neighbours so a compromise between both parties may be a solution
you probably do not want to be instructing solictors to act as the cost will rise very quickly although you may need to if you cannot agree a compromise

Washing line sounds like you are making the most of the boundary and kinda a little beyond. If the fence hinders your washing line, it sounds like your washing line is indeed too close. Will a whirliegigg not work (Thats what we call ours) Set into a ground anchor they are easily removed so to free up space when not needed.

The right to light is something you cant really complain about. I dont think you have any official right to a certain amount of sunlight. We put up a conservatory and didnt ask the neighbours.

It is as I suspected, though we will try and argue ‘the toss’. There isn’t enough room for a whirlygigg – the yard is that narrow. The only way we could achieve a movement of line would be to have the line at 1st floor height, with a pulley system to raise it above the fenceline. Are there any planning rules to stop a 20 foot pole going on the boundary line?

Cheers,

Surely there are other methods for drying than a line……….surely…….errr trying to think of one for ya.

Tumble dryer 🙁

I’d suggest a high washing line, like the style used in parts of Kent. Two tall poles, with a system for raising both ends of the line like flags are raised.

Hobo – we have used a line for 25 years with no objections. The house is NOT big enough for a tumbledrier and introduces numerous costs and other problems.

I’m just frustrated – they don’t even live there and they force change on us.

Grrrrr

Hang various of items from

http://www.agentprovocateur.com/

..on the line. Sorted.

LOL – I can only guess at the content of the site – my works IT ‘fun police’ have blocked access and have now recorded my attempt at access!

🙁

Plant- it does say the words ‘Agent Provacateur’ openly on the URL! 😥 🙁

On of the things about fencing is that you aren’t allowed to alter the look of the area and if this was ment to be open when it was built then it is ment to stay like this which is why we had to put a 3 foot fence and not a 6 foot one.

I’m afraid this is one reason I’d never buy a house that didn’t have its own access or a decent bit of garden space, even if I had to go to a different area – i hate living under the nose of other people and having things forced on me, I feel for you!

Owen – that’s not what it says on the Planning Portal site

Fences between gardens generally don’t require any permission up to 2m high so AFAIK Plant has no legal redress to them putting a fence up – seems that it’s not interfering with the access so there’s no ground for complaint there. Plant – stick up a pic and we’ll see if the STW collective can come up with alternative washing arrangements.

thepurist

This is the bit that applied in out case.
it would be over 1 metre high and next to a highway used by vehicles (or the footpath of such a highway); or over 2 metres high elsewhere; or

Which may applie here if he can claim that it is a fotopath of such a highway.

I think that’s only so that you dont block visibility. Doesnt sound like this is in such a location?

Why not erect a deck which is supported in your yard but cantilevers over the neighbors property by a few feet. That may be a bit drastic in retrospect as it would have to be some height indeed to clear the trellis the neighbor is erecting, alternatively you could erect a deck on the boundary that raises your property height enough for the poles or whirly gig to clear the neighbors trellis.

Hobo – we have used a line for 25 years with no objections

you had no right to it though, that’s the point.

Tricky. I can see if I were you I would be frustrated at losing my washing line, but if I owned the other property I’d feel entitled to put the trellis up too. I appreciate the trellis will put an end to your (arguably a little bit cheeky) washing line, but they aren’t restricting your right of way.

I’m with Bluebird – they are putting up a fence which they are entitled to do – the fact that it stops you from putting your washing where it goes now is of no consequence – they are erecting the fence on their property.

Could you use a retractable line that goes in a different direction maybe???

Or it’s time for a rotary dryer – there is a new one LINKY that has just come out that cantilevers off walls so you could do that.

Or dry indoors all year which my wife insists on because she is scared of spiders getting in outdoor dried clothes 🙁

have nothing to add of any consequence, apart from mastiles wife may have a point. still find it funny that my mother got stung on her lady bits by a wasp that was in a pair of grundies she had just picked in from the line (what she was doing out in the garden commando didnt cross my seven year old mind, but disturbs me slightly now)

(what she was doing out in the garden commando didnt cross my seven year old mind, but disturbs me slightly now)

LOVL!!!

From my experiences of doing an extension I think you haven’t got any hope beyond your neighbour being nice to you. You’ve been there for 25 years? Maybe you’d like a bigger garden? Could be a good time to get something more to your taste soon if you fancy a move?!

to be honest if my neighbours washing blew into my garden I’d be pretty pissed off about it too, but good luck anyway.

Would it be like overhanging branches and apples? Any washing coming over the boundary becomes the property of the neighbour?

don’t think they do become the property of the adjoining owner
adjoining owner is allowed to cut/prun overhanging branches but has to return them to the owner

could be interesting if it applies to washing

🙂

It would certainly escalate any dispute if his neighbour came round with the bottom half of his undercrackers hacked off and returned because they were overhanging.