Two boundary wall issues

Two boundary wall issues

Postby pompoko » Sun Aug 28, 2016 8:30 am

Hello

I hope somebody can give me advice.

Actually, I've got a couple of issues, both related to the wall I have built in my back garden. Here they are:

1) I have just finished building a wall in my back garden to form the boundary between our garden and our neighbour's. I thought I had researched well enough in advance to make sure I complied with all building regulations, as the wall is only 5ft tall. Recently though, I have read about the Party Wall Act. The boundary is ours as detailed on the deeds, and the wall is entirely on our property. However, about 2" of the footings are in our neighbour's garden. They are under ground though and I recovered them with earth and grass so as not to change the appearance of their garden. BUT, I am worried now that I did not formally go through a procedure of giving notice to them - I only spoke to them about it and they had no problems at the time. What are the possible repercussions/possible worst case scenario for not going through this procedure?

2) My neighbours have now decided that they do not like walls and would rather we had put a fence there instead. As such, they have mentioned drilling into our wall to put some hooks to hold up a reed fence or light trellis. I said this would probably be okay, if they could let me know for sure when they had made up their mind. However, yesterday evening they bought some 6ft fence panels and I am worried that today they plan to drill them to my wall without asking my permission first!

So, I just wanted to know where I would stand with this. And would it be unreasonable for me to say "no"? I mean, am I wrong in thinking that the structural integrity of the wall is going to be compromised far more by attaching a fence and fence posts rather than some light trellis?
And do I even get a say in it? I thought that as it was my wall that would give me the right to get a say in what happens to it on the other side, however, from the way my neighbours have been talking to me up to now maybe this is not the case as when speaking to them they have told me what they will be doing rather than asking if it would be okay with me. And trying to look at it from their point of view, even if they did want to put up a freestanding fence on their side of the wall, I suppose it would be difficult given that the wall footings would now get in the way.

For additional information, I have tried to include my neighbours throughout the process of building. I asked them what height they would like it as I was happy to add on another level to make it 6ft tall instead (even though there was open trellis there before constructing the wall, which did not give a lot of privacy) and I even offered to paint their side of the wall. I will be chatting to them later today as I feel I must, but would prefer to be armed with some knowledge beforehand, if possible.

Thanks for reading and thanks to anyone who replies!
pompoko
 
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Re: Two boundary wall issues

Postby despair » Sun Aug 28, 2016 8:59 am

its your wall and they cannot under any circumstances

paint or render it
grown ivy or climbing plants up it
attach anything whatever to it
lean or pile things against it

since you consulted them all the way through the build they have an inordinate cheek
to think they can now attach a fence to it and doing so will weaken and damage it for which they become responsible

i for one would be over the moon to have a decent brick wall rather than a fence or hedge any day of the week and so should they
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Re: Two boundary wall issues

Postby Eliza » Sun Aug 28, 2016 10:12 am

In law you can insist they cant touch your wall

BUT you have put footings for your wall under their land. So, in repayment for them having done you that favour of allowing YOUR footings on THEIR land then it seems reasonable to accept them attaching their fence to your wall. They've given - now it's your turn to do so...
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Two boundary wall issues

Postby arborlad » Sun Aug 28, 2016 10:45 am

Christina_2001 wrote: I asked them what height they would like it as I was happy to add on another level to make it 6ft tall instead




What have you used to construct the wall?...........another course of bricks would raise it by 3", another course of blockwork would raise it by 9", the only thing I can think of that would raise it by 12" is a California screen block or similar.

You have done nothing wrong with your footing, it is normal and acceptable in these circumstances......provided it is not reinforced :)
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Re: Two boundary wall issues

Postby MacadamB53 » Sun Aug 28, 2016 10:47 am

Hi Christina,

I have just finished building a wall in my back garden... ...about 2" of the footings are in our neighbour's garden... ...I am worried now that I did not formally go through a procedure of giving notice to them

worry not - what you did was perfectly fine.

I am worried that today they plan to drill [into] my wall without asking my permission first

best go have a word then and give them permission if all sounds reasonable to you - IMHO I don't think it does because I am of the opinion that having two boundary features where there should only be one is rarely a good idea, but that might not be an opinion we share.

Kind regards, Mac
edit: raising the height of the wall would be my preferred option if the height is their concern
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Re: Two boundary wall issues

Postby pompoko » Mon Aug 29, 2016 9:58 am

Thanks to everyone who replied.

Well, I'm not happy and have told my neighbours so, however, they are not prepared to change their plans and have also told me there is nothing I can do about it anyway. Given that I cannot find any evidence to confirm that drilling fence posts onto the wall will damage it, I am tempted to give in to keep the peace, although my relationship with them will be destroyed forever. And I'll need to buy some more bricks to raise the height my side as I really do not want an ugly fence poking out over my nice wall. Wish they'd been more up for a compromise.

Thanks again for your advice, folks!
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Re: Two boundary wall issues

Postby arborlad » Mon Aug 29, 2016 11:08 am

Christina_2001 wrote:.... I really do not want an ugly fence poking out over my nice wall.




Hmmm.............seems like the neighbour doesn't share your view and would rather see a nice fence than an ugly wall - good luck with squaring that circle!
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Re: Two boundary wall issues

Postby arborlad » Sat Sep 10, 2016 8:41 pm

Best to stick to one thread


Christina_2001 wrote:Hi there. I've tried searching online for an answer to this but could not find one, so I am hoping that someone will be able to help.
I have built a wall in my back garden to make the boundary between my house and my neighbour's. My neighbour is planning to erect a fence on their side of the wall by digging away some of the foundations of my wall (as about 2 inches are on their side) to set their fence posts. Should I be concerned that this might damage my wall and are there any regulations pertaining to this issue?
One other thing - I think they are going to put the fence posts right up against the wall, as if they were leaning on the wall. Are they allowed to leave no gap at all? Given that their fence will sit 2 feet above my wall - and we live in a very windy area - I am worried about the wind load this will put on my wall.
If there is anyone out there who has been in a similar situation before, I'd really like to know you resolved it!
Many thanks
arborlad

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Re: Two boundary wall issues

Postby arborlad » Sat Sep 17, 2016 9:52 am

arborlad wrote:Best to stick to one thread


Christina_2001 wrote:Hi there. I've tried searching online for an answer to this but could not find one, so I am hoping that someone will be able to help.
I have built a wall in my back garden to make the boundary between my house and my neighbour's. My neighbour is planning to erect a fence on their side of the wall by digging away some of the foundations of my wall (as about 2 inches are on their side) to set their fence posts. Should I be concerned that this might damage my wall and are there any regulations pertaining to this issue?
One other thing - I think they are going to put the fence posts right up against the wall, as if they were leaning on the wall. Are they allowed to leave no gap at all? Given that their fence will sit 2 feet above my wall - and we live in a very windy area - I am worried about the wind load this will put on my wall.
If there is anyone out there who has been in a similar situation before, I'd really like to know you resolved it!
Many thanks




Not enough is known about the construction of this wall but given what we do know, it's likely to fail without any intervention from the neighbour.
arborlad

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Re: Two boundary wall issues

Postby pompoko » Mon Sep 19, 2016 4:56 pm

arborlad wrote:
Not enough is known about the construction of this wall but given what we do know, it's likely to fail without any intervention from the neighbour.



Why? That just seems like a bit of nasty comment to me.
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Re: Two boundary wall issues

Postby arborlad » Mon Sep 19, 2016 5:29 pm

pompoko wrote:
arborlad wrote:
Not enough is known about the construction of this wall but given what we do know, it's likely to fail without any intervention from the neighbour.



Why? That just seems like a bit of nasty comment to me.




When pertinent questions go unanswered.....................

Be sure to verify any advice you get via PM with a reliable third party.
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Re: Two boundary wall issues

Postby mr sheen » Mon Sep 19, 2016 9:53 pm

Just trying to clarify this in my head.....
You put footings in on a neighbours land without asking their permission.....so you didn't abide by the neighbourly protocols.
They were not happy.

The neighbours are putting up a fence on their land (and might attach it to your fence without your permission)
Since you didn't abide by the neighbourly protocols, they aren't going to either.

You set the precedent.

They don't want a wall, so the fact that you discussed the type of wall they don't want is neither here nor there.
You are concerned that screws in the wall might damage it....I'll tell you what would damage it...if they got in a Kango and took out the footings that are on their land.

Overall....best let this lie...you've got the wall you wanted which depends on using land owned by the neighbours for the footings and they get the fence they want equally depending upon something owned by you....seems fair to me.
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