Garden Wall & Boundary dispute

Garden Wall & Boundary dispute

Postby Raz » Fri Apr 15, 2005 2:00 pm

Dear All

I am having a problem with my new neighbour. He is a property developer and has recently bought the property next to mine.

A concrete block wall seperates our gardens. My neighbour is in the process of building an extension at the back and has used this wall for his extension. Basically he has extended the height of the wall and rested his roof joists on it.

I have a suspicion that although the wall is maintained (I dont know if it actually belongs to him) by to him it is built astride the boundary and wholly on my land. Does this make the wall mine because it is built on my land?

What can I do to get my neighbour to stop using the wall for his extension.

Any help would be much appreciated


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Re: Garden Wall & Boundary dispute

Postby » Fri Apr 15, 2005 2:52 pm

Raz wrote:Dear All
it is built astride the boundary and wholly on my land. Does this make the wall mine because it is built on my land?


Sorry but you need to be really clear here, is it built astride the boundary OR wholly on your land. Its important and cannot be both.


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Location: Suffolk, UK

Postby Danny » Sat Apr 16, 2005 11:26 pm

As mav said, your post is not clear. However, this may be of help to you.

If your neighbour is building on all the wall, then maybe he belives the wall is his, on his own land. If the wall is yours or astride the boundary then your neighbour may be causing a Trespass. As you seem to have no idea as to what your neighbour is building or who's wall it is, you may want to seek professional advice ( e.g. Surveyor, Solicitor or licensed conveyancer)

You could contact your local planning dept and ask to speak to the duty officer, ask (1) if planning permission has been granted (2) if the property has permitted development rights. (3) that you are concerned, the wall and foundations are not capable of supporting a structure. (4) Ask for an enforcement officer to visit the address and report as you may need to seek professional advice in order to protect your rights.

It may help you to know for certain who owns the wall. Title deeds may be of help, although they may not be conclusive. You can obtain copies of your title deeds and also your neighbours from your local land registry office. Suggest you look at their web site, you may be able to download copies about £2 each.

Do you know;
who owns the wall?
Who built the wall?
If the wall is a garden wall?
If the wall is a Party Wall?
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