rules governing building up to boundary fence

rules governing building up to boundary fence

Postby karen1502 » Mon Jul 07, 2014 3:10 pm

Nice to find a site which may be able to help me with my dilemma. I have permitted development to build a garage on the side of my house. The space where the garage is being built will connect to my house which is on the boundary line. This boundary line is at the end of my neighbours garden who has written to me saying they refuse permission for the fence to come down whilst the work is going on and she does not want the garage to be built. It has been established that as the build is more than 3 metres from the neighbours house I do not need to go down the route of the Party Wall Act. I have contacted land registry as to the ownership of the fence as the neighbour claims its theirs but I am of the opinion it is shared as the deeds do not indicate an inward T on her side of the fence. All other property owners agree the fence running along the same line is shared responsibility. the neighbour has threatened to get the police involved if i take the fence down in order for the builder to build the garage up to the boundary line as she says it will be criminal damage as it belongs to her and i have no right to remove it. There may be damage to her turf due to the footings being dug , which of course will be put right , of course if this occurs but every effort will be made to be extremely careful and i will relay any turf etc at my expense .

Can anyone let me know where I stand, can I proceed or not with the build. :roll:
karen1502
 
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Re: rules governing building up to boundary fence

Postby MacadamB53 » Mon Jul 07, 2014 8:37 pm

Hi karen,

the neighbour claims its theirs but I am of the opinion it is shared

forget the "no 'T' marks" and "everyone else says..." stuff - these are not evidence.

why does she think it is her land? did she erect the fence?

Kind regards, Mac
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Re: rules governing building up to boundary fence

Postby karen1502 » Mon Jul 07, 2014 8:57 pm

Hi mac

Thanks for reply , no she only moved in in march so I'm guessing that is what her solicitor had told her or she is just saying so in the hope I will be convinced . I know it's a difficult one but when someone says that what can you do .
Thanks Karen
karen1502
 
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Re: rules governing building up to boundary fence

Postby karen1502 » Mon Jul 07, 2014 9:01 pm

Also mac my deeds say it's shared , so going on that basis can I take it down? Thanks mac
karen1502
 
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Re: rules governing building up to boundary fence

Postby MacadamB53 » Mon Jul 07, 2014 9:40 pm

karen1502 wrote:Also mac my deeds say it's shared , so going on that basis can I take it down? Thanks mac

Hi Karen,

can you elaborate please - I don't doubt you think this is true but you may be mistaken...

Kind regards, Mac
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