Cut and dry boundary; surely?

Re: creeping fence

Postby COGGY » Mon Jan 25, 2016 5:35 pm

How long have they been opening their windows over your property? After so long they will acquire a right to do this. Our neighbour acquired such right. Take advice. How long has the conservatory been there? Did they obtain planning permission for it and did this permission show the windows opening over your property? The action open to you now depends on how long the windows have been opening over your property.
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Re: creeping fence

Postby Collaborate » Mon Jan 25, 2016 6:42 pm

COGGY wrote:How long have they been opening their windows over your property? After so long they will acquire a right to do this. Our neighbour acquired such right. Take advice. How long has the conservatory been there? Did they obtain planning permission for it and did this permission show the windows opening over your property? The action open to you now depends on how long the windows have been opening over your property.


It's unlikely they'll have needed PP, though they would I think still have needed Building Regs.

It looks to me like the conservatory has been there less than 20 years. OP - you need to notify them in writing of your objection to the fence being on your land and state that you intend to remove it, and reposition it on the boundary.

This is the land registry guidance. Note the 20 year period.

https://www.gov.uk/government/publicati ... escription
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Re: creeping fence

Postby COGGY » Mon Jan 25, 2016 6:57 pm

Far more important is the window opening over your property. This has the potential to give serious problems rergarding loss of privacy, safety aspect of banging your head on the windows and noise. My advice is to sort out this problem with immediate effect. If the windows have not been there long enough to acquire rights then your house insurance may help you. It is also worth contacting the Council for help. Doing nothing should not be an option.
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Re: creeping fence

Postby arborlad » Mon Jan 25, 2016 7:22 pm

arborlad

smile...it confuses people
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Re: creeping fence

Postby jonahinoz » Tue Jan 26, 2016 8:35 am

If the windows have not been there long enough to acquire rights

Hi,

Wouldn't each of the windows have to have been opened once a year for 20 consecutive years to acquire the right to be opened?

602
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Re: creeping fence

Postby Gavski » Thu Jan 28, 2016 1:06 pm

Hi there all, and thanks for all the posts. I intend, in the first instance to write to my neighbour with the assertion that the boundary is an extension of the party wall and that the fence is on my side of that and therefore It is for me to maintain in a way that gives me the privacy I want. If they are disagerrable I will contact local planing with the issue of privacy (I know they will not involve themselves with boundary disputes).

Does this sound like a good way forward? any furthe help and comments most appreciated.
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Re: creeping fence

Postby Collaborate » Thu Jan 28, 2016 3:19 pm

I don't think your LPA will be interested. Any time for enforcement will have passed assuming the conservatory is over 4 years old (probably never needed PP anyway as it will have been Permitted Development).

In some circumstances they won't need Building Regulations approval - http://info.westberks.gov.uk/CHttpHandl ... =35287&p=0
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Re: creeping fence

Postby arborlad » Thu Jan 28, 2016 3:30 pm

Collaborate wrote: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.



I can't see the upper floor windows in question, am I the only one?
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Re: creeping fence

Postby MacadamB53 » Thu Jan 28, 2016 3:55 pm

arborlad wrote:
Collaborate wrote: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.



I can't see the upper floor windows in question, am I the only one?
No - had me puzzled too.
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Re: creeping fence

Postby COGGY » Thu Jan 28, 2016 4:16 pm

If the windows have not been opening over your property long enough to obtain a right then the Planning or Enforcement Officer may well help you.
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Re: creeping fence

Postby Collaborate » Thu Jan 28, 2016 6:11 pm

COGGY wrote:If the windows have not been opening over your property long enough to obtain a right then the Planning or Enforcement Officer may well help you.


Planning aren't interested in whether anyone actually has the legal right to develop a property. All they're concerned with is compliance with planning law.
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Re: creeping fence

Postby Collaborate » Thu Jan 28, 2016 6:13 pm

MacadamB53 wrote:
arborlad wrote:
Collaborate wrote: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.



I can't see the upper floor windows in question, am I the only one?
No - had me puzzled too.


Is it just me? Do I have special powers?

It's the photo in the first post on this thread. We see the bottom left corner of a first floor window on OP's side. We see nearly all of the corresponding window belonging to the neighbour.

There are 8 whole bricks in between both windows.
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Re: creeping fence

Postby MacadamB53 » Thu Jan 28, 2016 6:18 pm

Hi Collaborate,

I can see two upstairs windows alright - but both are the neighbour's...

I got frustrated trying every trick I knew to see if the picture was being cropped for some reason!!

Kind regards, Mac
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Re: creeping fence

Postby COGGY » Thu Jan 28, 2016 8:46 pm

I can see two windows belonging to the neighbour plus the bottom corner of an upstairs window belonging to the OP. Maybe some of us have special powers not given to everyone. :lol:
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Re: creeping fence

Postby MacadamB53 » Thu Jan 28, 2016 8:55 pm

Hi arborlad,

try this:

http://i64.tinypic.com/1g1xf9.jpg

Kind regards, Mac
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