Neighbor’s fence ‘makes woman feel like she’s in prison’

A Huddersfield woman was reduced to tears after her next-door neighbor erected a huge fence she says makes her feel like she’s in prison.

Sharon Boltwood and her husband John, who have lived on the Walpole estate for more than 40 years, are in “complete disbelief” at the height of the fence, which they say prevents them from seeing out of their front window.

“I couldn’t believe my eyes,” said Boltwood, whose neighbor said she put up the fence because she was worried her two-year-old son would run into the road.

“I suffer from depression and I have no friends and I rarely go outside for shopping trips, so not being able to see out the front window like I used to is affecting me deeply,” Boltwood, 59, said.

The situation has caused so much frustration that Boltwood’s husband, 65, a retired builder, does not dare speak to the neighbor when he is “losing his head”.

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The couple, who have been at their current home for 25 years, were due at Kirklees Council on Tuesday morning to see what their options were and to ask if the neighbor had breached any planning regulations.

Comparing their situation to living in Armley prison, Boltwood said: “It’s a shame because we used to be good neighbors and I’ve never had any problems with her and her mum before. She was very kind and brought us some chickens that she cooked, something like that.”

The 43-year-old neighbour, who asked not to be named, owns the property with her mother, was also in tears when asked about the dispute.

“As far as I was concerned, everything was OK. We are good neighbors with them and the fact that they complained in this way is downright upsetting. I checked with the people who installed it and it’s OK.

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“It’s strange because in the past they’ve had horses and chickens in the back, which has created a problem with rats, but I’ve never complained to them. We were very, very good neighbors with them.

“I’d just like to add that we had many quotes for the fence so it wouldn’t have been a shock that a fence was going up. Both neighbors were told on each side and neither asked about the height.”

The owner added: “Their back fence is taller than ours. No complaint was made by us.”

She said the contractor she hired to erect the fence looked on Kirklees Council’s website to double-check local property restrictions and planning permission conditions.

Can my neighbor put up a fence without my permission?

In many cases, a landowner cannot protect their view from a property unless they can rely on a specific covenant (condition relating to the use of the land) to protect it, according to Samuels Solicitors.

Homeowners have what are called permitted development rights, which allow them to carry out small-scale works on their property without needing planning permission.

This includes erecting fences and walls, provided they do not exceed two meters. So if your neighbours’ fence is within this range, you are unlikely to be able to challenge them under planning law.

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However, you may be able to make a case based on your ‘right to light’, a legal easement in England and Wales that gives homeowners the right to receive light through windows – after all, that’s what they’re for.

This right applies to all properties that have received daylight for more than 20 years, according to insurance brokers Marsh Commercial. Violators risk having court orders or injunctions delay or stop their development, and having to pay large sums in compensation.

It could be much less stressful for everyone involved and less expensive if you can resolve the matter amicably with your neighbor and hire a lawyer to guide you and help keep the negotiations on track.