Boundary owner has advanced an half metre into my garden.

Boundary owner has advanced an half metre into my garden.

Postby 23256433 » Sun Oct 09, 2016 2:29 pm

Hello the group. My neighbor has built a boundary wall an half metre into my garden. An explanation of the task was told to me on Saturday morning, with the work commencing on the Tuesday following . With a total footing for a 9 inch wall of 830 cm surprised me, and I eventually brought to his attention the rules of the Boundary Wall Act 1996. Both he and the contractor denied hearing of the act, or of the necessity of notices etc. He now claims 6 years later, that he is excused the boundary wall act, as does his solicitor.

My interpretation of the act, is that it is essential that the builder follows the Notices rules.

Despite months of research, I cannot find any reference to this new statement.
Is there any one that can guide me as to where I can discover a reason for a person being granted such far reaching rules.
your help and guidance will be appreciated
23256433
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Re: Boundary owner has advanced an half metre into my garden

Postby Eliza » Sun Oct 09, 2016 5:32 pm

Your post isn't reading very clearly to me.

Are you saying that you allowed the neighbour to build his wall half a metre into your garden?

Are you saying that this happened 6 years ago?

If you are, then it appears you had better remove his wall soon, before he has it in the wrong position for many more years.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Boundary owner has advanced an half metre into my garden

Postby despair » Sun Oct 09, 2016 5:36 pm

Ditto
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Re: Boundary owner has advanced an half metre into my garden

Postby mugwump » Sun Oct 09, 2016 5:43 pm

Also there is no such act as the Boundary Wall Act 1996, that's why they hadn't heard of it.

You may have possibly meant the Party Wall Act 19996?
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Re: Boundary owner has advanced an half metre into my garden

Postby Collaborate » Mon Oct 10, 2016 7:20 am

I agree your post is very unclear. Looks like it happened 6 years ago, so too late to take action anyway.
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Re: Boundary owner has advanced an half metre into my garden

Postby Eliza » Mon Oct 10, 2016 8:22 am

I would have thought 6 years was still well within time.

Presumably it's "adverse possession" that we are thinking of here and someone has to have grabbed someone else's land for 10?/12? years before they stand a chance of being able to keep it.

Unless there is some other thing you are thinking of - other than adverse possession - then OP still has a few years in which to take back his property.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Boundary owner has advanced an half metre into my garden

Postby Collaborate » Mon Oct 10, 2016 8:23 am

The 6 year gap would suggest agreement or acceptance that the boundary was in the correct place.
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Re: Boundary owner has advanced an half metre into my garden

Postby arborlad » Mon Oct 10, 2016 9:09 am

23256433 wrote: With a total footing for a 9 inch wall of 830 cm surprised me,




Some misconceptions here, nobody owns the boundary - only the boundary feature that must abut it.

The footing should be twice the width of the wall, in your case 18"/450mm with the wall sitting in the centre of the footing, there should be nothing excessive about it, either in height or width.

The time to object or take action to any errors or encroachments is as soon as you are aware of them.
arborlad

smile...it confuses people
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