Neighbour built raised flowerbed against our garage wall

Stumblewood
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Neighbour built raised flowerbed against our garage wall

Post by Stumblewood » Mon Jun 03, 2019 11:01 pm

Hi,
Advise please. We've been in our property since 1991. Our garage sits partially across the rear of our neighbours garden. This is how it was built many, many years before we purchased the property (believe it was when the houses were local authority owned) and there have been no problems until new neighbours moved in 4 years ago. After completing house refurbishments, they started the garden with no issues until now. They have built a 3/4ft long raised flowerbed straddeling our garages concrete pad (our boundary) and directly up against our garage wall. This evening, we politely mentioned to them that we are not happy that they have put soil and trellis against our property and that it could possible cause water damage issues. Their response " you've put your garage in our garden, and we can do as we like" and then drive round to an uncle who works for the council and have boundary info printed to show us :roll:
I believe they have no right to attach or build anything against our garage wall, especially without our permission - is this correct?
TIA

Collaborate
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Re: Neighbour built raised flowerbed against our garage wall

Post by Collaborate » Tue Jun 04, 2019 7:47 am

From what you say, the wall straddles the boundary so it is as much their wall as it is yours.

If it were just your wall, standing wholly on your side of the boundary, it would constitute trespass for someone to pile anything up against it. If it's also their wall they cannot trespass on their own property.

We have a raised bed against a similar wall in out back garden. We put up some plastic sheeting so that the DPC wasn't bridged. Perhaps they'd be willing to do that.

Stumblewood
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Re: Neighbour built raised flowerbed against our garage wall

Post by Stumblewood » Tue Jun 04, 2019 10:06 am

The garage wall IS our property and sits 3 to 4 inches within its raised concrete base and he has encroached across this raised base and installed against our wall. It seems after our "conversation" last night, he has now installed some plastic sheet as a protection (although not the complete depth of the bed), so it seems we will have to see if we get any water damage outside or inside the garage before we take further.

SJC14
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Re: Neighbour built raised flowerbed against our garage wall

Post by SJC14 » Tue Jun 04, 2019 11:11 am

I have owned two homes which have next doors garage as the boundary, so their garage wall as per deeds is wholly maintained by them is also owned by me, exactly as if it was a fence. I would check your deeds to make sure (ie don't assume) that your garage is wholly within your plot. The concrete base is no indication of ownership.

Stumblewood
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Re: Neighbour built raised flowerbed against our garage wall

Post by Stumblewood » Tue Jun 04, 2019 12:09 pm

Our garage is wholly within our plot, as shown on our deeds.

MacadamB53
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Re: Neighbour built raised flowerbed against our garage wall

Post by MacadamB53 » Tue Jun 04, 2019 12:18 pm

Stumblewood wrote:
Tue Jun 04, 2019 12:09 pm
Our garage is wholly within our plot, as shown on our deeds.
how is it shown on your deeds as wholly within your plot if deeds are words?

do you mean it is shown in an accompanying plan? if so can you elaborate please - where does it show the boundary, if it’s not the garage wall?

kind regards, Mac

arborlad
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Re: Neighbour built raised flowerbed against our garage wall

Post by arborlad » Tue Jun 04, 2019 1:04 pm

Stumblewood wrote:
Mon Jun 03, 2019 11:01 pm
Hi,
Advise please. We've been in our property since 1991. Our garage sits partially across the rear of our neighbours garden. This is how it was built many, many years before we purchased the property (believe it was when the houses were local authority owned) and there have been no problems until new neighbours moved in 4 years ago. After completing house refurbishments, they started the garden with no issues until now. They have built a 3/4ft long raised flowerbed straddeling our garages concrete pad (our boundary) and directly up against our garage wall. This evening, we politely mentioned to them that we are not happy that they have put soil and trellis against our property and that it could possible cause water damage issues. Their response " you've put your garage in our garden, and we can do as we like" and then drive round to an uncle who works for the council and have boundary info printed to show us :roll:
I believe they have no right to attach or build anything against our garage wall, especially without our permission - is this correct?
TIA


Yes I believe you are correct.

Absence anything to the contrary, the garage wall marks the limit of your land, and has done for the last 28 years. It was built as such, conveyed (at least once) as such and your neighbour purchased with it like this.

The slab would have to be considered as though it were the footing on the gable wall of a house.

Evidence that it is anything other than wholly owned by you would be some sort of document or the neighbours garage relying on it for support.
arborlad

smile...it confuses people

Stumblewood
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Re: Neighbour built raised flowerbed against our garage wall

Post by Stumblewood » Tue Jun 04, 2019 1:37 pm

Yes, it is shown on the land registry plan ... it is only partially across the rear of their garden -- we own the garage, we maintain the garage, if needed. Never listed as a party wall when we purchased the property in 1991 when questioned were asked.

Further discussions have taken place this morning between myself and the female neighbours father which seem to have made leadway. We will see when her husband and my husband return this evening.

FYI: we are fine with them screening off the part of our garage which is sited at the rear of their garden. We were not happy to have soil piled directly against our garage, which could in time cause water damage either externally or internally.

arborlad
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Re: Neighbour built raised flowerbed against our garage wall

Post by arborlad » Tue Jun 04, 2019 8:00 pm

Stumblewood wrote:
Tue Jun 04, 2019 1:37 pm
... it is only partially across the rear of their garden --



This adds weight to it being wholly owned by you.
arborlad

smile...it confuses people

despair
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Re: Neighbour built raised flowerbed against our garage wall

Post by despair » Tue Jun 04, 2019 9:48 pm

If your garage is only across part of their garden is there a fence completing the boundary ?

Have they made a raised bed agsinst that too ?

Stumblewood
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Re: Neighbour built raised flowerbed against our garage wall

Post by Stumblewood » Wed Jun 05, 2019 7:13 am

The rear of their garden consists of two garages - theirs and ours in part, with a gap between. Their garage is sited completely within their garden and previous owner had a small bed (not raised, nor touching) in front. Current neighbour has allowed the laburnum in this bed to grow, spread and obscure their garage. The part of our garage in their garden has always had a precast concrete paving area in front.

SJC14
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Re: Neighbour built raised flowerbed against our garage wall

Post by SJC14 » Wed Jun 05, 2019 9:40 am

MacadamB53 wrote:
Tue Jun 04, 2019 12:18 pm
Stumblewood wrote:
Tue Jun 04, 2019 12:09 pm
Our garage is wholly within our plot, as shown on our deeds.
how is it shown on your deeds as wholly within your plot if deeds are words?

do you mean it is shown in an accompanying plan? if so can you elaborate please - where does it show the boundary, if it’s not the garage wall?

kind regards, Mac
That was what I was trying to understand. Either way it is not best practice to put a raised border of soil next to a wall. They could easily build a raised border with a gap between the wall.

Stumblewood
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Re: Neighbour built raised flowerbed against our garage wall

Post by Stumblewood » Wed Jun 05, 2019 10:18 am

This was our reason for speaking to him about it. Cannot understand why he built against and not a little in front! We also mentioned that the guttering runs along roof line of this wall, so what happens if we ever needed to arrange access to either clean or repair, as we have done once in 28yrs with previous owner! His response was to go on the attack! 🙄

We've had no response after speaking with her father yesterday were I mentioned protective barrier between garage and bed, so will keep a check and first sign of any water damage/entry - will get it removed. Garage is concrete panel (hence raised pad) so water entry will be detected fairly quickly.

arborlad
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Re: Neighbour built raised flowerbed against our garage wall

Post by arborlad » Wed Jun 05, 2019 1:19 pm

Stumblewood wrote:
Wed Jun 05, 2019 10:18 am
This was our reason for speaking to him about it. Cannot understand why he built against and not a little in front! We also mentioned that the guttering runs along roof line of this wall, so what happens if we ever needed to arrange access to either clean or repair, as we have done once in 28yrs with previous owner! His response was to go on the attack! 🙄

We've had no response after speaking with her father yesterday were I mentioned protective barrier between garage and bed, so will keep a check and first sign of any water damage/entry - will get it removed. Garage is concrete panel (hence raised pad) so water entry will be detected fairly quickly.



There is no 'right of support' on your wall and nothing to to suggest there ever has been. Plastic is never good in these situations, they wick moisture along them and there needs to be a clear air gap between whatever is supporting the soil and the wall, a few inches at least, anything less just gets filled with debris and defeats the purpose.

When it comes to the guttering, you will need the neighbours permission for access.
arborlad

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Stumblewood
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Re: Neighbour built raised flowerbed against our garage wall

Post by Stumblewood » Wed Jun 05, 2019 1:29 pm

Arborlad "When it comes to the guttering, you will need the neighbours permission for access".

Of course, which is what we did in the past with previous neighbour.

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