boundary and criminal damage

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bromley9
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boundary and criminal damage

Post by bromley9 » Mon Jun 29, 2020 2:38 pm

Hi,

I have semi detached garage with my neighbour, see pictures attached, it was build by the original house developer in 1930's

According to a recent party wall agreement, (2 years old), the virtual red line should run in the middle of the common garage wall (green here). At the back of the garage where the new fence will be erected there is a brick wall around 2m long which is clearly on the side of my neighbour, ie not running from the middle of the common garage wall. The garage wall is 10cm wide so 5cm will be the middle where i would expect the red boundary line to be. After this 2m long wall we have a very large garden where my neighbour wants to erect the fence (his responsibility). My neighbour is arguing that the boundary is wrong and he wants to take the 2m wall down and bring the fence into my side, actually he things that 8.8cm of the garage wall belongs to him and only 1.2cm is mine = total 8.8 +1.2 = 10cm. Won't even try to explain why 8.8 for him. There is also a single brick support pillar at the end of the 2m long wall, 10cm wide.

He is basically refusing to back down threatening that he will not erect the fence otherwise. What are my options here. I understand that if a brick wall exists for more than 10 years it is evidence and admission that that part is mine anyway and also he can not take it down without a party wall agreement in place or move the wall even 1mm into my land. I am basically happy to give him few centimetres here and there to build the fence to avoid any obstacles, like a tree.

He has also took down part of the 2m brick wall, without asking me or serving me any notice and also remove part of the on my side of the garage, plus he chopped down some small trees/ bushes in my land cause according to his boundary calculation belonged to him. (I am prepared to forget the last one).

The deeds also show the red line in the middle of the 2 garages, but it's hard to have an accuracy of few cm to be fair. The deeds say that he is responsible for erecting the wooden fence, I am responsible for the fence with the other neighbour not this side.

I have attached a pic (not to scale) that explains the situation. Where do you think the boundary of the new fence should be and what are my rights regarding the brick wall and he also caused criminal damage as far as i can see.

Thanks very much for any advice.
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Collaborate
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Re: boundary and criminal damage

Post by Collaborate » Mon Jun 29, 2020 5:27 pm

If you want the boundary clearly defining you need to erect your own fence. You seem to have the right idea about where the boundary is. You cannot force your neighbour to fence the boundary line.

bromley9
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Re: boundary and criminal damage

Post by bromley9 » Mon Jun 29, 2020 6:00 pm

Hi thanks. i understand. Where do I stand with regards to damage to my property, he removed part of the plaster on my garage wall, plus destroying the party wall without proper notice + chopping down, pruning my trees/ bushes? Thanks.

bromley9
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neighbour will continue destroying our garden party wall without serving any notice

Post by bromley9 » Tue Jun 30, 2020 6:09 pm

Hi,

My neighbour will start destroying our garden party wall about 2m long which is set at the back of our semi-detached garages. He is disputing the fact that it's a party wall and of course he has served me no party wall notice. I have suggested that we jointly get a surveyor to get the boundaries right, decide whether it's a party wall or not but he is ignoring the surveyor option. I guess he knows better than the surveyor and he said he will demolish that brick wall anyway.

BTW this is over 10cm space, he things the wall that stood for over 50 years on the boundary is wrong by 10cm and has to go and re-claim the land!

What options do I have here, without obviously paying through the nose! Thank you.

despair
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Re: neighbour will continue destroying our garden party wall without serving any notice

Post by despair » Tue Jun 30, 2020 7:01 pm

Involve the police since he is dedtroying your property without permission

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Re: neighbour will continue destroying our garden party wall without serving any notice

Post by Collaborate » Wed Jul 01, 2020 10:03 am

You shouldn't start a new thread. Continue here: https://www.gardenlaw.co.uk/phpBB2/view ... 98#p216998

Collaborate
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Re: boundary and criminal damage

Post by Collaborate » Wed Jul 01, 2020 10:04 am

bromley9 wrote:
Tue Jun 30, 2020 6:09 pm
Hi,

My neighbour will start destroying our garden party wall about 2m long which is set at the back of our semi-detached garages. He is disputing the fact that it's a party wall and of course he has served me no party wall notice. I have suggested that we jointly get a surveyor to get the boundaries right, decide whether it's a party wall or not but he is ignoring the surveyor option. I guess he knows better than the surveyor and he said he will demolish that brick wall anyway.

BTW this is over 10cm space, he things the wall that stood for over 50 years on the boundary is wrong by 10cm and has to go and re-claim the land!

What options do I have here, without obviously paying through the nose! Thank you.

Collaborate
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Re: boundary and criminal damage

Post by Collaborate » Wed Jul 01, 2020 10:06 am

On the basis of what you have posted here the 2m brick wall belongs to your neighbour. It is only the support pillar that straddles the boundary, so if the wall has been taken down there is no need for the pillar. What is the problem?

How have they damaged the plaster in your garage?

bromley9
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Re: boundary and criminal damage

Post by bromley9 » Wed Jul 01, 2020 10:34 am

My neighbour wants to destroy the whole brick party wall including the pillar (which is definitely on my side) and then erect the fence into my side where they think the fence should be. This is for about 10cm extra space. I have almost agreed to come to the same border line but now destroying this old wall and coming into my side also means I will not have space to paint the back of my shed plus if course he is cross a very clear boundary.

He has removed the plaster at the back of my garage up to the point where he thinks the border should be and beyond (without asking me of course). He also chopped down my small trees according to the new boundary that he thinks is correct. He is refusing to see the party wall documentation and also refuses to get a surveyor to clarify the boundary.

I am posting a new pic if it helps.
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bromley9
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Re: boundary and criminal damage

Post by bromley9 » Wed Jul 01, 2020 10:42 am

Also as per party wall legislation if any parts of the wall straddles/ crosses the boundary then it becomes a party wall.

MacadamB53
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Re: boundary and criminal damage

Post by MacadamB53 » Wed Jul 01, 2020 11:03 am

Hi bromley9,

your sketch seems to show that the wall in question - including the buttress - stands wholly on his side of the wall dividing the garages?

kind regards, Mac

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Re: boundary and criminal damage

Post by Collaborate » Wed Jul 01, 2020 4:42 pm

MacadamB53 wrote:
Wed Jul 01, 2020 11:03 am
Hi bromley9,

your sketch seems to show that the wall in question - including the buttress - stands wholly on his side of the wall dividing the garages?

kind regards, Mac
+1

dannymassive
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Re: boundary and criminal damage

Post by dannymassive » Fri Jul 03, 2020 9:20 am

Does your Land Registry Title Plan show the boundary "as is" on the ground or is it a straight line? It may be that the wall was on the actual boundary and he is assuming that the boundary line is straight?

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