Fence changed to wall

Post Reply
Garden lover
Posts: 4
Joined: Tue May 22, 2018 4:48 pm

Fence changed to wall

Post by Garden lover » Tue May 22, 2018 6:37 pm

We have recently moved into a brand new property, we own 3 sides of the graden fencing, our new neighbours have mentioned they want to build a garage where they have a driveway, this would mean taking down our fence in two areas, as the garage walls would be on th boundary, will or should we get our deeds changed to show they own the boundary wall and we dont own it anymore.

span
Posts: 1540
Joined: Sat Nov 06, 2010 1:34 am

Re: Fence changed to wall

Post by span » Tue May 22, 2018 7:43 pm

They intend taking your fence? What do they propose you take of theirs in recompense?
How's the guttering on their development - overhanging your side, by any chance?
Have they mentioned the party wall act at all yet?

Garden lover
Posts: 4
Joined: Tue May 22, 2018 4:48 pm

Re: Fence changed to wall

Post by Garden lover » Tue May 22, 2018 8:16 pm

The fence we own will have to come down to get there garage built, so we will then have a wall as boundary instead of our fence..

What is the oarty wall act ?

arborlad
Posts: 7680
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Fence changed to wall

Post by arborlad » Tue May 22, 2018 8:50 pm

Garden lover wrote:
Tue May 22, 2018 6:37 pm
We have recently moved into a brand new property, we own 3 sides of the graden fencing, our new neighbours have mentioned they want to build a garage where they have a driveway, this would mean taking down our fence in two areas, as the garage walls would be on th boundary, will or should we get our deeds changed to show they own the boundary wall and we dont own it anymore.


If you own the fence, you own the land it occupies. If they remove your fence they will be building on your land - you shouldn't let anyone build on your land.
arborlad

smile...it confuses people

Garden lover
Posts: 4
Joined: Tue May 22, 2018 4:48 pm

Re: Fence changed to wall

Post by Garden lover » Wed May 23, 2018 7:15 am

I see, but they are saying that the new wall will be on the line of ownership, so not onto our land, but in putting the wall there the fence willbe in the way so needs to come down, so our garden will then have wall surrounding it and not our fence but the wall will be owned by the neighbours, so our deeds will be wrong as it shows we own the two areas where the wall will be..

Confusing

span
Posts: 1540
Joined: Sat Nov 06, 2010 1:34 am

Re: Fence changed to wall

Post by span » Wed May 23, 2018 8:05 am

You need help.

Read up on the Party Wall Act. It'll be confusing at first for you so bring any questions you have about it on here. Remember, the only stupid question is the one you don't ask...

The PWA includes provision for you to get help at their expense via a surveyor.

Collaborate
Posts: 1388
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Fence changed to wall

Post by Collaborate » Wed May 23, 2018 8:10 am

Not that confusing. If it's your fence the boundary is on the side facing your neighbours. They can build up to your fence, not on top of it. Don't allow them to restrict your options for future development by allowing them to put their gutter in your airspace.

They can't build like that without serving you with notice under the Party Wall Act and then paying for a surveyor to represent your interests.

despair
Posts: 16219
Joined: Mon Mar 14, 2005 7:07 am

Re: Fence changed to wall

Post by despair » Wed May 23, 2018 9:19 am

Tell them in no uncertain terms NO

They cannot remove your fence
They can even build tight up to it as they need foundations
They cannot have fascias and gutters overhanging your fence or your land

They need to redesign their ideas

arborlad
Posts: 7680
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Fence changed to wall

Post by arborlad » Wed May 23, 2018 12:08 pm

Garden lover wrote:
Tue May 22, 2018 6:37 pm
......... this would mean taking down our fence in two areas, as the garage walls would be on th boundary, ..........


This is slightly confusing, is it two different types/styles of fence or do you have an L shaped boundary and the neighbour intends constructing an L shaped garage?
arborlad

smile...it confuses people

Garden lover
Posts: 4
Joined: Tue May 22, 2018 4:48 pm

Re: Fence changed to wall

Post by Garden lover » Wed May 23, 2018 1:00 pm

Fyes we have an L shaped garden where they want to build there garage, hence why we would be loosing two areas of fence.

despair
Posts: 16219
Joined: Mon Mar 14, 2005 7:07 am

Re: Fence changed to wall

Post by despair » Wed May 23, 2018 3:51 pm

Already told you

They cannot do it ....its your fence and your land

span
Posts: 1540
Joined: Sat Nov 06, 2010 1:34 am

Re: Fence changed to wall

Post by span » Wed May 23, 2018 5:03 pm

Have you been doing any research on this site?
This is illustrative of what you've got in store if you don't get this right in advance: https://www.gardenlaw.co.uk/phpBB2/view ... 16#p207016

jdfi
Posts: 547
Joined: Wed Jun 06, 2012 10:39 pm
Number of Posts per Page: 20
Number of topics per page: 50

Re: Fence changed to wall

Post by jdfi » Sun May 27, 2018 11:41 am

If both houses are "brand new houses" then:

-why on earth did they not ask the developer to build them a garage

-it is likely there will be a covenant prohibiting alterations for 10 years. Check title registers for BOTH properties.

Post Reply