Fence crossing Party Garden Wall

Fence crossing Party Garden Wall

Postby ajay3bee » Mon Sep 25, 2017 4:05 pm

Hi,

I live in a mid-terrace Victorian property. My new neighbour told us he was having a fence built on his side of our shared 100 year old garden wall. What he neglected to mention was that it would have a panel fitted which crossed from the fence, across this wall and protruding 7 inches onto my property coming to rest against my conservatory wall (picture below - the gap between the garden wall and my conservatory is blocked off to prevent debris entering the 7 inch gap, this is the grey concrete that can be seen).
Fence Panel small.jpg
Fence panel from his fence (right hand side) across the garden wall and onto my property (left hand side)
Fence Panel small.jpg (138.81 KiB) Viewed 258 times


I went round to discuss the issue with him pointing out that the fence was on my property, however his response was to fob me off and then write a letter saying he believes it's his wall and if I touch the panel he will bring criminal damage charges against me.

Can I register a party wall dispute, based on the fact that I believe he has come across the party garden wall without notification? If so, can I then get him to pay for a chartered surveyor to determine the agreed boundary so that he won't be able to do this again?

Thanks for any thoughts.
AJ
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Re: Fence crossing Party Garden Wall

Postby Collaborate » Tue Sep 26, 2017 7:12 am

I wouldn't bother. It's so clearly on your land just go ahead and get it torn down (the bit on your land that is). Get the rest of the fence built where it should have been built in the first place.

there is no reasoning with people like that. Choose your fencer carefully (i.e. make sure they are well built, and don't take any c**p). If he tries to interfere call the police for a breach of the peace. Act quickly.
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