Boundary wall/fence dispute with neighbour

Hi

Have you considered asking an engineer to have a look?

Maybe they could advise you on the matter?

Mangos
 
NHG said:
I thought, once you built a WALL that it is your NEW boundary.
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The location of a wall will not affect the position of the boundary as specified in the title of the property. Claiming any extra land by the placing of boundaries may cause problems when you go to sell.
Leo
 
Re: Boundary Wall foundations

Marie said:
you erect this a clear 18" away from hers. This is the minimum distance required in law
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If you are a solicitor I will accept that statement but in my experience from carrying out surveys in the past the established boundary cant simply be moved because someone wants to put up a fence or wall. The other party to a shared boundary cant dictate terms so long as the fence/wall is on the correct side of the boundary line by even 1 inch. That of course is subject to the height which is not an issue in this instance
 
Put up a fence that blocks your view of the gate but have the side of the fence that she looks at [broken link removed].
 
Guys thanks for all the advise. I feel like I've opened a right can of worms!! Just for an update if anyone's interested?

I have been in contact with solicitor and surveyor and we are erecting a new fence as suggested by members here. Lovely wooden border fencing! I even decided to bite my tongue and approach my annoying neighbour, to make sure it was OK with her? And you know what it was a good move. It has cleared the air and she has totally calmed down and I got a backhanded apology for her temper - totally wasn't expecting that!

Eventhough she's a total wreck the head I just don't want any bad feeling - who needs it?
We are hoping to live in the area for at least 5 years and don't want any boundry issues when it comes to resale.

She's happy with the fence we've chosen, and we're happy we don't have to look at the eyesore it will be hiding.

All happy!! Phew! Now to get stuck into the garden!!
 
newkid30 said:
don't want any boundry issues when it comes to resale.
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Regardless of your relationship with your neighbour there should be no boundary issues if the deeds of your property clearly delineate your site. Check with your solicitor if in any doubt.
 
ClubMan said:
Regardless of your relationship with your neighbour there should be no boundary issues if the deeds of your property clearly delineate your site. Check with your solicitor if in any doubt.
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Thanks for the advise .

The deeds are actually very clear, just the way the fence was it was 'ambiguous' looking.

It wasn't clear where the exact line was? Glad to have it cleared up, another thing ticked off my list
 
ClubMan said:
But that is precisely what the maps with the deeds should clarify. If there is any doubt then you should get it sorted officially with your solicitor.
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Just to clarify, what I meant was that the physical line on our garden we weren't sure about, on the map it was very clear.
We are erecting the fence where the physical line on map is drawn.
We have agreed this with surveyor and neighbour.
Is that what you meant?
 
If the line is clear on the map then I don't understand why there would be any confusion about where it is in the actual garden. What I meant was clarifying with your solicitor that the boundary of the property is clear and that this matches the existing or new fences etc. if there is any doubt about any of this.
 
The OP did not like the appearance of the boundary fence the neighbour had erected. Several respondents suggested taking the neighbour's fence down. As far as I understood this exchange there was never any dispute about the location of the neighbour's fence which we were told 'was the boundary' between the properties.

Several respondents suggested taking the neighbour's fence down (a criminal act). A number of further replies suggested the OP put another fence - right up against the neighbours. If a householder erects a structure adjacent to a neighbour's boundary fence there is a requirement to leave room (18" is the specified distance) to facilitate maintenance (i.e. you cannot build anything 'up against' a neighbour's land or property.) All these matters can be checked out by a telephone call or visit to the local Council offices.

The OP did not in any way imply a dispute about misappropriation of a few inches of anothers garden or a change in location of the offending fence. This was introduced by respondents.
 
Marie said:
If a householder erects a structure adjacent to a neighbour's boundary fence there is a requirement to leave room (18" is the specified distance) to facilitate maintenance
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Can you provide a link to substantiate this claim as its news to me
 

hi some interesting points and you seem really well read up about all this.
could I ask you a question?

If a fence is on the actual boundary as in the actualy dividing line on the map, should both parties not have a say about it? technically speaking that is joint property. It's not on their land it's the actual dividing line so both 'own' it.

We have resolved our issue I'm just curious! thanks
 
Marie said:
The OP did not like the appearance of the boundary fence the neighbour had erected. Several respondents suggested taking the neighbour's fence down.
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The fence in question was the shared fence between the two properties. The neighbour built a wall inside this fence.
Leo
 
Marie I would be much obliged if you could provide a link to this information as it sounds new to me. I cant understand why anyone would want to leave 18 inches of their land to their neighbour to facilitate maintenance of their boundary fencing. If this was the case then there would be an 18 inch gap between every neighbouring garden in the country?? Or am i really missing something here. I think you have confused the issue with planning and extensions etc rather than boundary fencing/walls.
 
money man, Ive already asked the question and asked for a link. Its a big, big statement to make and I would suggest to Marie that if she cant back it up she should clarify how she came to that conclusion and if necessary retract that part of her post.

Some people would actually believe what she stated but I dont. I have been too long in the surveying business and dealing wth the the legal eagles to know not to accept so called opinions without substance.
 

Hi - not necessarily..........not if there's a shared fence and they agree. In this case the OP'er doesn't agree (so as s(he) says, there are going to be two!)
 
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