Wanting to replace Garden Fence - is it a party wall matter?

Wanting to replace Garden Fence - is it a party wall matter?

Postby Tom Hedges » Tue Mar 15, 2005 9:00 pm

I am thinking of replacing a rather flimsy and ramshackle fence which has been at the end of my garden since I bought the property. The 'fence' is a mixture of chain link and random fence panels which are not really properly secured.

I want to replace this 'fence' with a more secure boundary. Ideally I would like to build a low wall (say 1m high) topped with trellis (say 1m high).

The questions are: How do I determine whose fence is it anyway? Is this typically a Party Wall matter? Do I need to contact owners of the property the otherside of fence? What are their rights to object? The neighbouring property is a detached double garage - whose owners are not known to me. How do I go about finding the owners contact details?

Any helpful advice would be gratefully received. Thanks
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Postby despair » Tue Mar 15, 2005 9:56 pm

If you build a wall it could well become a party wall matter and have all kinds of angst attached to it if the neighbours object

Better to leave the chain link fence in situ and put in a new fence with concrete posts and either panels that will then slot in and are easy to replace or a feather edge fence on concrete posts

That way there can be no argument from the neighbours that you have removed their fence and the chain link provdes protection to your timber fence against new owners with football crazy kids
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Postby Angelisle » Tue Mar 15, 2005 10:17 pm

Tom,

The neighbouring property is a detached double garage - whose owners are not known to me. How do I go about finding the owners contact details?


Is this a stand alone garage with no neighbouring property nearby?
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Postby Tom Hedges » Tue Mar 15, 2005 10:39 pm

The neighbouring property- a garage, is detached and does not belong to any of surrounding properties. It was bought seperately as a stand along garage several years ago. The owner has basically not used it since and I do not know how to contact them. The garage does not have an obvious postal address either!

Thanks Tom
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Postby Maverick.uk » Tue Mar 15, 2005 11:40 pm

Tom

If it was a couple of years ago this parcel of land will be registered. Land registry has a facility to identify a parcel of land by referance to others in the area. You will need to check their site for the exact details of what to do.

Regards

Mav
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Repair of fence and wall

Postby Bounder » Mon Mar 21, 2005 12:14 pm

We have a similar problem where the fence bordering the neighbouring property is in urgent need of repair.

Our problem is our neighbours are private tenants and are proven trouble makers, and an errant landlord who refuses to take calls with regards to their status in the immeadiate neighbourhood.

What doesn't help matter is they, among a number of matters, brought down the front wall on their side to form a 'driveway'. The general appearance of their front is an eyesore in itself.

Part of our front wall, in a form of a top slab, extented onto what was left of the wall they didn't knock down, but had caused the knock on effect that the bricks on which the slab rested on were left loose.

When it came to asking a specialist to build the fence, he requested that this part was repaired before he undertook any work. We had someone ready to carry out this work, but the main male tenant in the adjoining property, got verbally abusive and threatening to person hired, who has bailed out for the time being.

At one point we have cut back on dead hedging to prepare for the replacement fencing. We have also removed the slab off this wall, with the logic that if the wall did fall, this would cause the most potential injury to a passer-by. This has exposed how loose the brickwork was and I have discreetly removed loose bricks where I can.

During my cutting back and removal of loose brickwork, we noticed that if the replacement fencing follows the original line, this brickwork would be on our side. For the record the tenant side of the fence line has hedging of its own, which doesn't extend to completely to the front.

If an order was made for the wall to be repaired to prepare for the replacement fencing, we would gladly comply. It is this abusive and obstinate person, along with an errant landlord, that stands in the way of logical progress. We think he'd soon relinquish all rights he believes he has, if the remaining brickwork fell on a passer-by.

We are willing to comply with elements of the Party Wall act that may apply here. But is this tenant, with his behaviour, in breech of his requirements by obstructing due process of establishing a distinct boundary and safe adjoining structure?

With gratitude for any help here.
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