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Gardenseeker.com Q&A

Legal

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Q.  How tall can I build my fence...Is it true that I can plant a hedge that will grow to any height?
Q My neighbour’s pear tree is overgrowing my garden. She says that she would like to come in to pick the fruit. Surely it is mine? Does she have the right to pick them?

Q I want to knock down an old conservatory which is now dangerous, and replace it with a new, larger one. Will I need Planning Permission, as there was one already there.

 

 

 

 

 

 

 

 

Q How tall can I build my fence.. Is it true that I can plant a hedge that will grow any height?

A Generally, between properties and not abutting the highway (footpath) up to 1.8 metres. If the fence is along any part of the highway boundary, then 1 metre is the limit. You can apply for planning permission if you wish to exceed either of these limits. Together with this, there may be certain local planning laws - for instance on ‘open plan’ estates, where it is not even permissible to erect any fence whatever between properties to the front of the house. The planning department of your local council will usually be quite helpful these days. They normally have such things as ‘customer charters’ and some of them are, at last, beginning to realise that 'ratepayers' are actually their employers!

Hedges can normally be allowed to grow to any height - but don’t be antisocial now!

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Q My neighbour’s pear tree is overgrowing my garden. She says that she would like to come in to pick the fruit. Surely it is mine? Does she have the right to pick them?

A The fruit belongs to your neighbour not you. She does not have the right to come into your garden without your permission to pick it however. I suspect that she will be allowed, in law, to have a long handled ‘picker’ which she can use from her property. Why not be friends and let her in. I am sure that she will reward you with a few pears. If you pick them, then legally you should offer them to her. You cannot simply help yourself however tempting they look.

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Q I want to knock down an old conservatory which is now dangerous, and replace it with a new, larger one. Will I need Planning Permission, as there was one already there.

A 'Generally', you are allowed to replace 'like with like' where there has been an established use.  A new conservatory for an old one, would fall into this category provided that the dimensions were the same. So, your plans for a new - but larger - one, would require you to seek planning permission.

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View our Planning Regulations page

 

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