BOUNDRY WALL

BOUNDRY WALL

Postby joejune1 » Sun Oct 08, 2017 10:18 am

I have a boundary wall running down my property which has been there 20 odd years in that time I have had access to it to do maintenance to it
We have just got a new neighbor, I noticed that he was attending to put up a fence, I did remind him by letter what the deeds said and my rites were.
But he has had polish people construct a fence with concrete posts and wooden panels. The posts are the problem as he has set them in concrete straight on to the wall foundations. So i cant take them out to maintain the wall, as they are 4 inches away from the wall.
QUESTION
Is there a set distance that he has to allow me so that I can get access to the garden wall??
:?:
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Re: BOUNDRY WALL

Postby MacadamB53 » Sun Oct 08, 2017 11:35 am

joejune1 wrote:I have a boundary wall running down my property which has been there 20 odd years in that time I have had access to it to do maintenance to it
We have just got a new neighbor, I noticed that he was attending to put up a fence, I did remind him by letter what the deeds said and my rites were.
But he has had polish people construct a fence with concrete posts and wooden panels. The posts are the problem as he has set them in concrete straight on to the wall foundations. So i cant take them out to maintain the wall, as they are 4 inches away from the wall.
QUESTION
Is there a set distance that he has to allow me so that I can get access to the garden wall??
:?:
please post the wording from the deeds that you're relying on to assert you have a right to access your wall from his property - only then will you get a proper answer.
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Re: BOUNDRY WALL

Postby joejune1 » Sun Oct 08, 2017 12:03 pm

1.
If any one new anything about building they should know you do not just join concrete as it tends to rub together over time
2. I call this a bounder wall as it is solely in my property
3. And If anybody knew anything about deeds THEY WOULD KNOW ABOUT EASEMENT the house was built in 1952.

Please reply if you do know what you are talking about. :|
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Re: BOUNDRY WALL

Postby Collaborate » Sun Oct 08, 2017 12:29 pm

joejune1 wrote:1.
If any one new anything about building they should know you do not just join concrete as it tends to rub together over time
2. I call this a bounder wall as it is solely in my property
3. And If anybody knew anything about deeds THEY WOULD KNOW ABOUT EASEMENT the house was built in 1952.

Please reply if you do know what you are talking about. :|


If you want people to help it's a good idea not to come across as belligerent. Mac asked a perfectly proper question. You posted
I did remind him by letter what the deeds said and my rites were


If your deeds give you a right of access that's one thing, but it depends on the precise wording.

If your deeds give you no right of access, then just say so.

And If anybody knew anything about deeds THEY WOULD KNOW ABOUT EASEMENT the house was built in 1952

1. There's no need to shout.
2. We all know what an easement is. No one knows what your deeds say, because you choose so far not to share that.
3. It's irrelevant when your house was built.
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Re: BOUNDRY WALL

Postby joejune1 » Sun Oct 08, 2017 1:39 pm

God we are critical,

(the question Is) Is there a set distance that he has to allow me so that I can get access to the garden wall?? on his side to Re point and clean
:?:
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Re: BOUNDRY WALL

Postby Janieb » Sun Oct 08, 2017 2:52 pm

You have insulted 2 of the most knowledgeable and helpful people on this forum. If you need help please answer their very legitimate questions.
"I prefer rogues to imbeciles, because they sometimes take a rest" Alexandre Dumas (fils)
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Re: BOUNDRY WALL

Postby mugwump » Sun Oct 08, 2017 2:59 pm

The answer to your questions:- NO. There is no minimum distance. Your neighbour is free to fence to the limit of their land. If that is tight against your wall then so be it.

If your wall is at the limit of your land then the builder wasn't concerned with maintenance to any great extent
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Re: BOUNDRY WALL

Postby MacadamB53 » Sun Oct 08, 2017 3:03 pm

mugwump wrote:The answer to your questions:- NO. There is no minimum distance. Your neighbour is free to fence to the limit of their land. If that is tight against your wall then so be it.

If your wall is at the limit of your land then the builder wasn't concerned with maintenance to any great extent
unless something is mentioned in the deeds - might be worth sharing the relevant content...
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Re: BOUNDRY WALL

Postby mugwump » Sun Oct 08, 2017 4:44 pm

Can you have an entry on your deeds that would be binding on your neighbour that prevents him using part of his land?
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Re: BOUNDRY WALL

Postby MacadamB53 » Sun Oct 08, 2017 4:58 pm

mugwump wrote:Can you have an entry on your deeds that would be binding on your neighbour that prevents him using part of his land?
a right of access, a right of way...
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Re: BOUNDRY WALL

Postby despair » Sun Oct 08, 2017 5:08 pm

Even in 1952 it eoukd be very unusual to have an absolute right of acces to a neighbours land to maintain a wall or fence or hedge
Is it possible the OP has misconstrued thier deeds or maybe the easement has been missed on the neighbours deeds

Either way without the specific wording on which the poster is relying on no one even a judge could advise
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Re: BOUNDRY WALL

Postby joejune1 » Sun Oct 08, 2017 6:27 pm

O well to put you out of your misery just to let you know.
In the deeds It does say that I have to maintain in good repair and condition the walls fences or hedges shown on the plan annexed hereto and marked with a T within the boundary, Also I have to right to enter apon the property with or with out, agents contractors and workmen after giving the next door owner 3 working days notice to carry out repairs. Also Mugwump note you cannot build on someones foundations. so what you say about Your neighbor is free to fence to the limit of their land. If that is tight against your wall then so be it. This is wrong :-)

So Dispair, Janieb, and Mugwump. This was just a test to find out the extent of knowledge on this forum. I do not mean to be rude. now you have been enlightened
I will not be posting on here again
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Re: BOUNDRY WALL

Postby MacadamB53 » Sun Oct 08, 2017 6:41 pm

Hi joejune1,

thanks for providing a flavour of what is in the deeds - the exact wording is what is needed, though.

you cannot build on someones foundations

yes you can - getting there first doesn't mean one's neighbour has lost the right to do the same.

kind regards, Mac
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Re: BOUNDRY WALL

Postby joejune1 » Sun Oct 08, 2017 7:11 pm

MacadamB53 lol

This statment is not rite,
yes you can - getting there first doesn't mean one's neighbor has lost the right to do the same.

MacadamB53
You cannot change the boundaries when they are marked with a T on the dead's and the per-case has been carried out
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Re: BOUNDRY WALL

Postby ukmicky » Sun Oct 08, 2017 7:26 pm

joejune1 wrote:MacadamB53 lol

This statment is not rite,
yes you can - getting there first doesn't mean one's neighbor has lost the right to do the same.

MacadamB53
You cannot change the boundaries when they are marked with a T on the dead's and the per-case has been carried out

What wrong with what he said.? You will probably find your wall foundations extend beyond the boundary line. And the law allows a land owner to remove any foundations projecting beyond the boundary. Also when we say we want to see the wording of any easements,we mean we want to see the full wording. If you went to a solicitor do you think he would give you advice without seeing every single word.
.
Advice given is not legally qualified and you are advised to gain a professional opinion
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