Boundary Wall

Boundary Wall

Postby facing a brick wall » Wed Sep 06, 2017 4:11 pm

Hi,

We own the boundary wall surrounding our properties. We have a developer who has build a house on the opposite side, the land has always been lower on the opposite side. As part of the new development the developer has asked planning to approve the land being brought up to the same level as our own gardens. As the boundary wall is our property is this allowable, can your new neighbour with planning permission backfill his land against your boundary wall?

We are in Scotland and therefore not covered by the boundary wall act.

Many thanks
facing a brick wall
 
Posts: 3
Joined: Tue Mar 21, 2017 4:44 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Boundary Wall

Postby Collaborate » Fri Sep 08, 2017 11:29 am

Why is it a problem for you? Surely it will help provide support for the wall, which will no longer have to hold in the land on your side of the boundary?
Collaborate
 
Posts: 1140
Joined: Mon Feb 23, 2015 10:17 am

Re: Boundary Wall

Postby arborlad » Fri Sep 08, 2017 4:29 pm

facing a brick wall wrote:Hi,

We own the boundary wall surrounding our properties. We have a developer who has build a house on the opposite side, the land has always been lower on the opposite side. As part of the new development the developer has asked planning to approve the land being brought up to the same level as our own gardens. As the boundary wall is our property is this allowable, can your new neighbour with planning permission backfill his land against your boundary wall?

We are in Scotland and therefore not covered by the boundary wall act.

Many thanks





Is this the same wall mentioned in your other thread?

A lot would depend on the age, type and condition of the wall whether it's suitable or desirable.

Whether he gets planning permission or not, he will still need your permission - there is no automatic 'right of support' in these circumstances.

With the information available, it would have to be a no to his proposal, as it could seriously limit or prevent how you can develop your land in the future.
arborlad

smile...it confuses people
arborlad
 
Posts: 7403
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Boundary Wall

Postby facing a brick wall » Wed Sep 13, 2017 10:21 am

The wall is a very old farm wall which varies in height, on my own land this is 2 metres. The boundary wall appears to be brick which is covered with roughcasting on it and the land to the opposite side has always been lower than our own. The developer has built his foundation at least 2 to 3 feet above ground level and therefore is proposing to backfill the land against the boundary wall (there is only 4 meters of a gap). We have provided a report to the planning department with the neighbours objections, unfortunately the developer appears to get his own way with planning! It is then passed off to ourselves as a legal matter.....
facing a brick wall
 
Posts: 3
Joined: Tue Mar 21, 2017 4:44 pm


Return to Boundaries

Who is online

Users browsing this forum: No registered users and 2 guests

cron