we'll have to take your word for it about it encroaching beyond the centre of the party wall - but he could just re-site the fence anyway.Janieb wrote:The side of my house inside the ginnel is a party wall. The fence has been put an inch or two into my side…
go speak to No 22 - tell him you want to remove the fence to get the heating problem resolved but wanted to check whether you need his permission first - don't open it up for debate about whose land it's on though...Janieb wrote:...and my neighbour (next door at 22) says as far as he's concerned it's my land therefore my problem.
A. if he repeats his previously stated opinion - it's on your land so it's nothing to do with him - ask him to put it in writing.
B. if he says the fence is on his land and he will permit it's removal ask him to put it in writing.
C. if he says the fence is on his land and he will not permit it's removal that's that.
assuming A or B…
book a gas engineer for the necessary works and order fence materials for 4' fence.
5 days before the gas engineer is due write to No 24 - out of courtesy - to notify him the fence is being removed in 4 days' time so urgent and essential works can be carried out on your property, and that once these works are completed a new fence of your own choosing will be erected.
inform him every effort will be made to avoid causing unnecessary damage to the fence materials so that he can have them back if he wants them.
wind forward 4 days and the posse come round to carefully remove the fence.
day after that the gas engineer gets to work.
day after the gas engineer finishes get the posse back to erect the 4' fence.
if No 24 asks for the fence materials back get the posse to knock on his front door and cordially ask him where he wants them putting.
if he comes round after reading the letter to vent just stand your ground and stick to the two facts - you've got no heating and the fence is on your land.
Kind regards, Mac