Advice on what my neighbour is allowed

Advice on what my neighbour is allowed

Postby newcentury » Fri Aug 11, 2017 3:52 pm

Any advice would be appreciated.
The rear boundary between our house and our neighbour is a low wall (about 2ft) with a 4ft fence on top.
The fence posts are wood and are bolted to the wall, which is in a poor state.
I have now decided to remove the wall and replace with concrete posts, concrete gravel board and Hit & Miss fence panels. We are in a very windy area so thought the Hit & Miss might help.
In the past few months me neighbour, who I do not get along with, has built a row of raised beds along the wall, about 2ft high. Three sides are brick/ block, the back appears to have no support except my wall.
When I remove the wall, the dirt from the planters may fall out.
I have spoken to my neighbour. His attitude is, if I remove the wall, its down to me to shore up the back of his planters. There is apparently heavy duty plastic sacking
( the sort of thing bulk shingle and sand is delivered in) holding the dirt in the planters. This can be seen at the top edge of the planters.
He said that he had shown pictures to a solicitor and they told him it was all OK. He appears to have sought advice since I first told him of my plan to remove the wall.
If I do not shore up the planters he will get a builder to do the work and send me the bill.
I do not want the dirt / water up against my new fence, which will rot quicker than normal.

Any thought as to where I stand on this problem would be very helpful.
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Re: Advice on what my neighbour is allowed

Postby jonahinoz » Fri Aug 11, 2017 4:49 pm

Hi,

From what I have learned on this forum, your neighbour is not entitled to paint, nail things onto, grow plants up, nor lean things against your fence or wall ... which includes piling soil against it.

If it is your wall, the implication is that it is built on your property. If your neighbour builds a wall to replace the one that you have demolished, he may only build it on his own land. If he builds it on your land, it becomes your wall.. Your most economical solution is to demolish your wall, let your neighbour build a new wall, then send him a bottle of wine and a thank you note. If he only builds a low wall, forget the wine.

Your neighbours raised bed has only been in existence for a few months. if it had been there for several years (how many?) he may have acquired the right for you to support his soil, but I know even less about that. Maybe his solicitor is equally ignorant?

Check that the wall is not "shared", which might be a different ball game.

John W
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Re: Advice on what my neighbour is allowed

Postby newcentury » Fri Aug 11, 2017 7:00 pm

I have sought advice from my House Insurance legal team.

I have been told that my neighbour has committed a Trespass, buy building a wall joining against my wall.

We will ask further questions when we speak to a local solicitor next week.

Watch this space.......
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Re: Advice on what my neighbour is allowed

Postby MacadamB53 » Fri Aug 11, 2017 8:03 pm

Hi newcentury,

advise the neighbour that:

1. your wall will be removed by dd/mm/yyyy and that it will not be replaced by a new wall (thus giving him reasonable notice)
2. you recommend that he takes appropriate action in the interim to provide alternative support for his raised flowerbed(s).(thus making him aware of the impact)
3. he should seek proper legal advice before contemplating pursuing you for any cost incurred to remedy because he has no lawful or legal right to demand that you provide a wall at the boundary in order that he may pile soil against it (thus spelling out the legal position)
4. you will take all reasonable steps to avoid causing damage to his raised flowerbed(s).
5. if he does not take action in the interim and soil/plants slip onto your land during the removal of your wall you will endeavour to return these to him in as good a condition as you find them.

then see how things go.

if he does nothing - remove wall, wait it out and hope he blinks first.
if he builds a back to his raised beds - remove wall and replace with fence.

Kind regards, Mac
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Re: Advice on what my neighbour is allowed

Postby despair » Fri Aug 11, 2017 8:22 pm

DITTO

your neighbour is talking censored

Its your wall and he has no right whatever to attach anything to it
Has no right to pile soil against it
He cannot grow plants or ivy etc up your wall or fence
He cannot paint or stain or render your wall or fence

In short its your property and he needs to respect that fact pronto
If he wants raised beds he needs to correctly build them with all 4 sides and in correct materials and they must not cause
Damage or detioration of your existing wall or your new fence

Any damage done is 100% his responsibility

Put all of this in writing to him and keep a copy
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Re: Advice on what my neighbour is allowed

Postby newcentury » Fri Aug 11, 2017 9:18 pm

Hi All...........

Thank you for you advice.

Its so reassuring to know that we are within our rights to go ahead and have the boundary fence / wall the way we want.
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Re: Advice on what my neighbour is allowed

Postby arborlad » Sat Aug 12, 2017 8:26 am

newcentury wrote:Any advice would be appreciated.
The rear boundary between our house and our neighbour is a low wall (about 2ft) with a 4ft fence on top.
The fence posts are wood and are bolted to the wall, which is in a poor state. .




How did you establish ownership of the wall/fence, does the neighbour agree?
arborlad

smile...it confuses people
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Re: Advice on what my neighbour is allowed

Postby jonahinoz » Sat Aug 12, 2017 9:24 am

How did you establish ownership of the wall/fence, does the neighbour agree?

Hi Arborlad,

I think the neighbour is insisting that it's Newcentury's fence, and that Newcentury must maintain the support that it provides for the raised bed. I wonder if the advising solicitor will put that in writing?

Newcentury, of course, is entitled to remove his wall, and be under no obligation to replace it with anything ... which could be awkward for the neighbour if he has a dog.

602
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Re: Advice on what my neighbour is allowed

Postby arborlad » Sat Aug 12, 2017 10:31 am

jonahinoz wrote:How did you establish ownership of the wall/fence, does the neighbour agree?

Hi Arborlad,

I think the neighbour is insisting that it's Newcentury's fence, and that Newcentury must maintain the support that it provides for the raised bed. I wonder if the advising solicitor will put that in writing?

Newcentury, of course, is entitled to remove his wall, and be under no obligation to replace it with anything ... which could be awkward for the neighbour if he has a dog.

602





Knowledge of who owns what is fundamental to knowing who can do what to what. Dog ownership has no relevance to boundary feature ownership, although it is often used to confuse matters.
arborlad

smile...it confuses people
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Re: Advice on what my neighbour is allowed

Postby jonahinoz » Sat Aug 12, 2017 4:55 pm

Dog ownership has no relevance to boundary feature ownership, although it is often used to confuse matters.

Hi Arborlad,

Agreed. I was suggesting it as another ploy to confound the enemy.

If neighbour has a dog, and Newcentury removes (or threatens to) his fence and wall, the neighbour will have to start thinking about how to keep his dog under control. He might even erect his own fence on his own property.

John W
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Re: Advice on what my neighbour is allowed

Postby newcentury » Sun Aug 13, 2017 11:02 am

Hi arborlad...........

When we bought the house the sellers pack stated we were responsible for the boundary on the right
as you face the house from the road.
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Re: Advice on what my neighbour is allowed

Postby arborlad » Sun Aug 13, 2017 12:23 pm

newcentury wrote:I have spoken to my neighbour. His attitude is, if I remove the wall, its down to me to shore up the back of his planters. ..........He said that he had shown pictures to a solicitor and they told him it was all OK. He appears to have sought advice since I first told him of my plan to remove the wall.





There seems to be agreement over who owns the wall then - the neighbour, and most especially the solicitor, are both entirely wrong.
arborlad

smile...it confuses people
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Re: Advice on what my neighbour is allowed

Postby newcentury » Tue Aug 15, 2017 3:42 pm

Hi to all.............

We will be seeking advice from a local solicitor on 16/08.

We hope they will support our view and advise as to the best course or action.

Watch this space.............
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Re: Advice on what my neighbour is allowed

Postby newcentury » Wed Aug 16, 2017 2:26 pm

Hi to All...............

We have been advised that we can go ahead and build whatever type of boundary wall we want.
The Trespass is of a minor nature that can be dealt with by the fencing contractor as they rebuild the boundary.

If there are any threats from the neighbour during the work, call the Police.
Most builders / fencers will have dealt with angry, unpleasant people in the past.
There is no need to give 30 days advanced warning as we have already told our neighbour of our plans.

Now lets someone to do the work............
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Re: Advice on what my neighbour is allowed

Postby MacadamB53 » Wed Aug 16, 2017 9:30 pm

newcentury wrote:Hi to All...............

We have been advised that we can go ahead and build whatever type of boundary wall we want.
The Trespass is of a minor nature that can be dealt with by the fencing contractor as they rebuild the boundary.

If there are any threats from the neighbour during the work, call the Police.
Most builders / fencers will have dealt with angry, unpleasant people in the past.
There is no need to give 30 days advanced warning as we have already told our neighbour of our plans.

Now lets someone to do the work............
Hi newcentury,

there's never a need to give 30 days advanced warning - you could press ahead even if you'd not told your neighbour of your plans.

however, just because something isn't necessary in law doesn't mean it isn't expected by our society.

pressing on without forewarning the neighbour about when it will be happening would be thought of by most as an uncivil and unneighbourly approach to take - especially given the impact it will have - so that's something to consider.

Kind regards, Mac
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