Cut and dry boundary; surely?

Re: creeping fence

Postby Collaborate » Thu Jan 21, 2016 6:25 pm

Counting the bricks between the 2 upper floor windows, it looks as if they've built their conservatory right up to but not straddling the boundary. Their gutters overhang, but nothing else. If you want a fence to block their windows from invading your privacy you need to keep it on your side of the boundary.
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Re: creeping fence

Postby jonahinoz » Thu Jan 21, 2016 7:44 pm

Hi,

Is that your trellis fixed to their wall. :lol:

John W
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Re: creeping fence

Postby Collaborate » Thu Jan 21, 2016 8:11 pm

jonahinoz wrote:Hi,

Is that your trellis fixed to their wall. :lol:

John W


Probably! Just above it is the neighbour's trespassing guttering. It's all pretty insignificant isn't it?
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Re: Cut and dry boundary; surely?

Postby arborlad » Thu Jan 21, 2016 8:13 pm

You'll get better informed responses if everything is contained in one thread - I've asked for your other two threads to be merged with this one.
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Re: creeping fence

Postby Gavski » Thu Jan 21, 2016 9:09 pm

No, the problem is that they claim it to be their fence and that is where they consider the boundary to be. The wall is exactly between the 2 houses. I have put the trellis on their fence - they moaned about that. pic shoes other side

Image
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Re: creeping fence

Postby MacadamB53 » Thu Jan 21, 2016 9:21 pm

Hi Gavski,

My Neighbour has an extension... ...The wall is in line with the internal party wall of the house...

what do you mean by "in line with"?
how has this been decided?

Kind regards, Mac
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Re: Cut and dry boundary; surely?

Postby ukmicky » Fri Jan 22, 2016 12:15 am

Your legal boundaries are that which the vendor had a legal right to sell you. If your neighbour has attempted to grab some of that land he dosent suddenly win the right to your land simply because you bought the house with him already encroaching on it. . However he can gain a right to claim ownership in some situations under adverse possesion laws.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: creeping fence

Postby jonahinoz » Fri Jan 22, 2016 10:07 am

Hi,

My comment about your trellis on his wall was meant to be "tongue in cheek". But that fence seems to be rather naughty.

Is the fence parallel to the party wall, or the extension, or your neighbours other boundary, or your other boundary? Does it look like the fence has been diverted?

Whoever built the extension probably had to dig into your garden for the foundations (which according to other mails on this forum, they have the right to do). Did they then claim the land above the footings, or did the then owner say they could have it? Either way, I don't think Land Registry will be interested in a strip of land thinner than their pencil lines. It might throw some light on the matter if you could see the architects site plan, but I don't think you will want to pay for the legal battle that will follow.

I think you should accept that you bought what you saw. Console your self by thinking about your neighbour's view out of the windows next to the fence. And who owns the strip of land at the bottom of the wall, under your trellis?

John W
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Re: Cut and dry boundary; surely?

Postby arborlad » Fri Jan 22, 2016 11:22 am

Gavski wrote: - Surely on a semi the mid point between the houses must be the boundary?




You are correct on that point, the centre of the party wall* within the building will mark the boundary.

There are various other issues I could comment on but I'll wait for the threads to be merged - this could take some time..........or may not happen at all :roll:


*............unless there are circumstances we are unaware of.
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Re: creeping fence

Postby Gavski » Fri Jan 22, 2016 1:36 pm

MacadamB53 wrote:Hi Gavski,

My Neighbour has an extension... ...The wall is in line with the internal party wall of the house...

what do you mean by "in line with"?
how has this been decided?

Kind regards, Mac


In line with - means taking an internal measurement of the wall that divides the 2 houses and ensuring that the wall of his extension is not over this line but is on it.
Which it is and that's fine. The problem is that the fence quite clearly does cross it.

This may also cause me problems in future if I want to build mu own extension.
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Re: creeping fence

Postby MacadamB53 » Fri Jan 22, 2016 2:24 pm

Hi Gavski,

taking an internal measurement of the wall that divides the 2 houses

are you sure this is what you did? how would measuring the internal dimensions of the dividing wall help?

ideally, to accurately mark on the exterior face of the back wall where the dividing wall would protrude you need to take internal measurements in both properties - measuring along the inside of the back wall from the dividing wall to the first window.
these two measurements can then be marked on the exterior of the back wall and the space between indicates where the dividing wall would protrude - the centre of this space being the centre of the party wall and a good indication of where the boundary lies.

is this what you did?

Kind regards, Mac
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Re: creeping fence

Postby Hugh Jaleak » Sat Jan 23, 2016 2:34 pm

I would be erecting some kind of physical feature that cannot be easily moved, right against that fence. E.g. a patio area, slabbed path, shed, etc. That provides a fixed datum by where any future movement of the fence can be challenged. This status quo doesn't appear to have changed since 2012 when you first sought advice, no Court is going to order that conservatory to be moved, and arguing over a couple of inches of garden through legal channels is likely to bankrupt you first....

I would accept what is there is now yours, and be putting some physical measures in place to protect that.
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Re: Cut and dry boundary; surely?

Postby arborlad » Mon Jan 25, 2016 11:47 am

arborlad wrote:You'll get better informed responses if everything is contained in one thread - I've asked for your other two threads to be merged with this one.



Admin?
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Re: creeping fence

Postby Gavski » Mon Jan 25, 2016 1:22 pm

How can they even declare that part of the fence to be theirs though, as they cannot get access to it without trespass?
What's to stop me removing the fence and putting a brick wall up there?
I also think there is privacy issues with the windows ovwrlooking my patio, which they insist on opening?
And what happens when I want to build my own extension? there will be a thin strip of land with a fence in that no one can get access too?
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Re: Cut and dry boundary; surely?

Postby arborlad » Mon Jan 25, 2016 1:41 pm

It makes sense to me to have everything concerning one problem contained in one thread, to that end, if you have something to contribute to either of these two threads: viewtopic.php?f=6&t=19228

viewtopic.php?f=6&t=20195

.............add it here.

Moderation of any sort doesn't seem to be happening so self-moderation might be the answer.
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