Yet another dispute!

Yet another dispute!

Postby Animal » Fri Oct 20, 2017 9:34 pm

Hi,
My next door neighbour is being very difficult! We live in a semi detached property. I have to maintain the boundary to the right (according to the deeds). I spoke to the other non attached neighbor who has lived in his house from day dot. He informed us the first owner built a small dwarf wall as the boundary the garden simply had a metal wire between them. In 2007 the owners attached to us bought the house and erected a wooden fence on their side which runs off their rear extension. We moved in during 2012 and found we had a small wall and behind it was a secondary fence. This fence is 2 meters high and must have been done for privacy.
However a boundary dispute was commenced by this person when we rebuilt our rear extension. He claims we stole 5cm of LAND based on where the party wall sits. However our dwarf wall does not run in line with that at party wall at all. In fact the garden gets wider. Based on his claim my patio at the top of the garden is about 7cm onto his land (using a straight line). My title plans shows the plot but they were drawn in 1960 with a thick pen and not to scale. No where in my deeds does it say the party wall line is the boundary. Its such a farcical situation as both gardens are of a good size. The gap between the fence and wall makes an obvious boundary line. In any event the wall has been there for 40+ years.

Anyway long story short he has screwed his wooden fence into our wall in several placed and has now built over one section of the wall. He has fixed his post to this. In the high winds its pulled all the top row of bricks off and knocked it off the foundations. He is refusing to do anything about it. The wall has been inspected and I've been told it would be cheaper to remove it rather than replace. Can I remove the wall and what do I do about his posts which are screwed into? I think his fence will fall down as the wall is the only thing holding it up!
I have no doubt that once we remove the unsafe wall he will claim criminal damage!
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Re: Yet another dispute!

Postby Primed101 » Fri Oct 20, 2017 9:54 pm

Going through a similar situation myself.

This is what I understand from my reading but experienced forum members can probably advise better.

1. The straight line in the plans is only a guide of where the boundary is, it is not an absolute boundary line
2. Boundaries move over time and it could be that your has indeed been moved slightly
3. If there is a fence and you have been using this for a number of years (12 I think), then this becomes the defacto boundary
4. Neighbour is not allowed to screw anything to your fence and you would be within your rights to ask him to remove
5. If his posts are in your land, then I understand that you would be within your rights to remove these.

I think that the main issue here is to confirm whether the dwarf wall is the boundary or not.

Other members will probably be able to give your more sound advise, but what I have been told (my neighbour has been in his property for 20 years) is that if the neighbour has not contested the fence (or whatever divides the houses) , after a certain time, it becomes the accepted boundary.

Good luck

Primed.
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Re: Yet another dispute!

Postby ukmicky » Sat Oct 21, 2017 1:46 am

Problem with removing it is ,it currently is the one thing that positively identifies where the boundary is.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Yet another dispute!

Postby Animal » Sat Oct 21, 2017 7:46 am

Thanks for the responses. I don't want to remove it but it's going to cost more to repair due to the damage they have caused screwing into it.
I will leave the foundation in to show line. The trouble is we can't go in the garden with the kids because it is so bad. So neighbour complaining about 2 to 3 cm yet is happy to use my wall to support his fence. It's madness
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Re: Yet another dispute!

Postby SwitchRich » Mon Oct 23, 2017 10:57 am

Will removing the wall not just inflame things further? Or has it gone past that point already?
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Re: Yet another dispute!

Postby arborlad » Thu Feb 15, 2018 7:28 pm

Best continued here:

Animal wrote:My wonderful neighbour accused us in writing that we built an extension 2 inchs over his boundary. However he told us this 4 years later. He asked us to knock it down and threatened us with court. He then removed a large section of fence and built it over our boundary wall to make a point... However his house has now gone up for sale! Do we tell the new buyers about the issues he has raised? Do we put up a sign to alert them? Or do nothing and hope the new buyer restores the fence back in line. Any buyer looking would certainly notice the fence line as its well off line.

We don't believe our extension is on his land. These issues can cost thousands to resolve. Is it fair the new buyer suffers. We don't intend to spend a penny over 2 inched

Any suggestions?
arborlad

smile...it confuses people
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Re: Yet another dispute!

Postby arborlad » Thu Feb 15, 2018 8:03 pm

Animal wrote: The gap between the fence and wall makes an obvious boundary line.



With two boundary features and a gap between them, that's not the obvious boundary line you seem to think.
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Re: Yet another dispute!

Postby jonahinoz » Fri Feb 16, 2018 10:22 am

Hi,

A boundary is a line with no thickness. Any boundary feature should be built on your property, on your side of the invisible boundary. Therefore the original wire fence and it's posts should have all been on your property. Everybody bought what they saw.

Only can swear on oath where you built the wall. Your detached neighbour can swear on oath that he watched you ... but there may be some doubt about what detail he saw.

Sensibly, you should have used the other side of the fence posts to string out the line of your wall. I believe (but don't like) you can excavate into you neighbour's garden, so that the foundations are wider than the wall. Google PARTY WALL ACT. If that's what you did, then it's your wall. If you built the wall central on the boundary, with you neighbours permission, it may be half his wall or it may be all his. No doubt our resident experts will comment on that. ???

Assuming it is your wall, it will probably be covered by your house insurance. Drag them into the equation, let them write shirty letters to your neighbour. You may even have Legal Expenses cover ... too late, now, to include the wall on LE cover, so add it as soon as this is resolved. £20pa ???

Me? Once sorted, I'd build the wall up to 1m high, but tell the neighbough that you are going up to 2m ... and watch the expression on his face while telling him.
Is your neighbour the sort who would buy a big dog?

Your neighbour is NOT allowed to nail to, paint, or kick balls against your wall.

John 602
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Re: Yet another dispute!

Postby jonahinoz » Fri Feb 16, 2018 10:24 am

PS,

I meant damage to your wall should be covered by your house binsurance, no matter how it is caused.

John W
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