Legal Question

G

gmac102

Guest
hello

i would love any advice anyone can give me regarding this matter.
my nieghbour wants to build a wall between our gardens. i am ok with this. but he says that the dividing point between the gardens is at the bottom of our gardens. but if this is so, if we were to build a wall from the end of the garden at the half way point the wall would end up under my sitting room window, but he says that the way needs to start at the end of our garden but curve to the divide between the houses. ok so basically that would mean hes curving a wall onto my view of my garden. isnt it supposed to be straight down from there the guttering is on the two houses? can anyone tell me what we are supposed to do? i dont want to fight about it but i also dont want a wall that is curved over to my side. im sorry if i didnt explain it right im upset about it
 
Do you know where your boundry is.
Is it possible that the boundry curvs in the way that you state. The wall should be built on the boundry regardless of what form it takes.
 
In other words get a copy of your title map and check the boundary on the map. This is the correct boundary and the wall should follow the map.
 
where do i get these maps? but surely if we were to half the garden ok from the end the wall would end up half way under my lounge window thats how much it will curve onto my side? surely if i do NOT want the wall in my view when i look out my window i have a right not to?
 
Your thread title gives no indication as to the nature of your query. Please edit it.
 
gmac102 said:
but surely if we were to half the garden ok from the end the wall would end up half way under my lounge window thats how much it will curve onto my side? surely if i do NOT want the wall in my view when i look out my window i have a right not to?
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As you don't own the land (if your neighbour is correct on the boundary line), I don't believe you have any rights to stop them building the wall. Technically, it's not curving onto your side, it's curving along the boundary line. It's visual impact would be a planning matter. From my limited knowledge I believe that it would be exempt from planning so not much you could do to stop it (other than proving that you own the land on which they intend to build in which case they obviously have no rights to build in the proposed manner).

EDQ4 Can I build a wall/to the front/to the back/or around my house without planning permission?
EDA4 Yes you can build a wall, of specified materials and to a certain height around and within the curtilage of your house without planning permission.
You can build a railing or wooden fence, or a wall of brick, stone, blocks with decorative finish, other concrete blocks or mass concrete.
Every wall (other than dry or natural stone) must be capped and the face of any wall of concrete or concrete block, which is visible from any road, path or public area must be rendered or plastered.
A metal palisade or other security fencing cannot be used. If you wish to use this type of material, you need to apply for planning permission.
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[broken link removed]
Source: Schedule 2 (Part 1)
Class 5 of the Planning & Development Regulations 2001.
 
For a map you need to contact the Land registery office that deals with
your area, that is if your property is indeed registered with them. Is
there already a boundary seperating your rear gardens? if so what does
this boundary consist of? Question your neighbour as to how he knows
the boundary has a curve on it, can he show you a legal map?
 
I lived in a house which had a huge back garden, but the boundary curved away from the house into my neighbours garden. When I got the plans (I was going for planning permission) I was interested to see if it was built according to the boundary line - which it was. Ask to see the map, or get one yourself, shouldn't be that expensive.
 
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