boundary/ party wall

boundary/ party wall

Postby Tisha » Fri Nov 10, 2017 5:33 pm

Hi I know this is not a gardening matter but I'm hoping someone can help me.
I came home this afternoon to find my neighbour painting part of my house. I told him he had no right to do this and he said from the middle of the chimney stack
is the boundary of the 2 houses. We both have drives and he has painted about 9 inches on to the engineering bricks all the way up to the roof and also splashed paint on my facica .
I spoke to a party wall solicitor for about 5 mins and he said that you can not determine the boundary from the chimney.
We have had so much trouble with this neighbour over the last 2 yrs its unreal, I think he thinks he owns my house as well as his own.
I have told my partner to erect a fence the length of the drives and paint our house a different colour. He said he will but why should we have to ?
Tisha
 
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Re: boundary/ party wall

Postby MacadamB53 » Fri Nov 10, 2017 6:06 pm

Hi Tisha,

the short answer is “you don’t have to” but that isn’t the kind of thing that’s going to help...

unfortunately, folk being folk, misunderstandings and mistakes happen on a daily basis.

it’s how we respond to them that matters.

in your shoes I’d have a good think about how much the neighbour’s mistakes 1. are a genuine cause for concern or 2. are worth getting annoyed about.

I’m not saying he should be allowed to do as he pleases....

kind regards, Mac
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Re: boundary/ party wall

Postby Tisha » Fri Nov 10, 2017 6:33 pm

Thanks Mac.
Tisha
 
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Re: boundary/ party wall

Postby despair » Sat Nov 11, 2017 9:46 pm

Make sure he does not now start to attach trellis to the wall too

He has no right to touch your wall let alone paint it
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Re: boundary/ party wall

Postby arborlad » Mon Nov 13, 2017 11:41 am

Might have been better to continue your original thread: viewtopic.php?t=20287


Tisha wrote:Hi I know this is not a gardening matter but I'm hoping someone can help me.
I came home this afternoon to find my neighbour painting part of my house. I told him he had no right to do this and he said from the middle of the chimney stack
is the boundary of the 2 houses. We both have drives and he has painted about 9 inches on to the engineering bricks all the way up to the roof and also splashed paint on my facica .
I spoke to a party wall solicitor for about 5 mins and he said that you can not determine the boundary from the chimney.
We have had so much trouble with this neighbour over the last 2 yrs its unreal, I think he thinks he owns my house as well as his own.
I have told my partner to erect a fence the length of the drives and paint our house a different colour. He said he will but why should we have to ?




Is that a horizontal or vertical band of engineering bricks?.......if vertical, they sometimes appear decorative but usually line up with the party wall internally, if you're unsure, a photo might help.

The solicitor is not really correct, on your average semi the chimney will sit astride the party wall so useful if your building a loft extension but not much use for a fence at ground level.

If your neighbour has trespassed with the paint and your neighbour wishes to widen his drive, the paint line is what he'll be using to determine the limit of his land.
arborlad

smile...it confuses people
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Re: boundary/ party wall

Postby Tisha » Mon Nov 13, 2017 8:20 pm

HI, the engineering brick are layed horizontal and there is six courses. On Friday when this happened I called the Police who turned up today, they went and spoke to the wife who told them that a builder had told them that I had encroached on to their land the width of a block. I said we followed the line of engineering bricks as the council had repaired the frontage of our house when they modernised it in 1980. Her mother and father owned the house then but had only moved in a few months before me and my parents. I doubt the council would repair any part of a house that did not belong to them, therefore the bricks are the beginning of my house also the gas pipe that was also supplying both properties was right in the middle of both my new bricks and their old mouldy bricks. when we had the block drive layed in 2005 her dad didn't say anything and they have been living there since 2010 and only now feel the need to start making an issue. I am under the impression that if something has been in place for 5yrs (we are in Birmingham) then there is nothing can be done. As when I found out their extension was a foot and a half in my back garden I was told that it had been up for 5yrs therefore it was to late to do anything about it.
I told the police today that we are going to put a fence up the length of the drive and they say be careful where you put it as next door could get it taken down????? why is it one rule for me and another for them.
Tisha
 
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Re: boundary/ party wall

Postby SJC14 » Tue Nov 14, 2017 5:03 pm

Tisha wrote:I doubt the council would repair any part of a house that did not belong to them/quote]

That is an assumption and not fact. The only item that counts is the deeds - a copy of which you can get from the land registry. Do not assume anything until you consult the deeds. That is also why the Police said about making sure you put the fence in the correct place - as if you put it over your neighbours land they will remove it, and rightly so and you would do the same.

As when I found out their extension was a foot and a half in my back garden I was told that it had been up for 5yrs therefore it was to late to do anything about it.


There is no 5 year expiry date, that sounds made up by someone. If the extension is in your garden, and can prove it via the deeds then they have to remove it. Not sure why anyon

Your only step is to check the deeds and I strongly advise not erecting a fence or painting anything until you do.
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Re: boundary/ party wall

Postby Tisha » Tue Nov 14, 2017 6:32 pm

Hi SJC14. I have been told by a solicitor that boundaries change over the yrs, my drive has been there for 13 yrs they or the chap that had the house previously never mentioned anything to us until this all kicked of Friday. they have built an extension, conservatory and took the hedge out and replaced it with a cheap fence. They had the cheek to tell the police that I had encroached on their land!!! How I don't know. We have decided to paint our house the sme colour that he has painted his. If he touches the bricks again without proving to me that it is his land I will scrub the paint off again.
Tisha
 
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Re: boundary/ party wall

Postby SJC14 » Wed Nov 15, 2017 6:07 pm

Tisha wrote:I have been told by a solicitor that boundaries change over the yrs


Correct if the boundary is a river, stream or other land that naturally changes. Unilaterally building on somone's garden and saying 'boundaries change over time' is a recipe for anarchy. As previously said, you need to check the title deeds and follow what boundary that says.
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Re: boundary/ party wall

Postby arborlad » Sat Nov 18, 2017 3:41 pm

SJC14 wrote:
Tisha wrote:I have been told by a solicitor that boundaries change over the yrs


Correct if the boundary is a river, stream or other land that naturally changes. Unilaterally building on somone's garden and saying 'boundaries change over time' is a recipe for anarchy. As previously said, you need to check the title deeds and follow what boundary that says.




The deeds and title plan will only show which property you bought, not where on that property the boundary lies.
arborlad

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