It is a privately owned house and we have the deeds in our hands. Reading through the deeds, it states that on the boundary of the front gardens there is a party wall for which we are responsible for the maintenance of. I assume that as a party wall both ourselves and neighbour have joint ownership of the bricks. Our neighbour took it upon himself to demolish the wall use the bricks elsewhere in his own garden and put up a fence.
I understand there is a party wall act but the act is pretty useless unless we are prepared to line the pockets of the solicitors (we don't have any insurance policy to cover). The police will not entertain any form of criminal damage as they see it as a neighbour dispute and part of civil law. At a guess because ownership of the bricks are jointly owned or maybe they don't actually want to get involved.
We don't have the money to take them to court to put the wall back to how it has been since the houses were built and states in the deeds of the house. Which means we are going to have to let them take the bricks and let the fence stay where it is. My question is regarding the deeds.
Are we now responsible for this fence that has been put in place of the party wall? The deeds state we are responsible for the party 'wall' not a fence.
Can we do anything to the fence, ie paint it, pin things to it? I ask this because we didn't pay for the fence and our deeds state we are responsible for a brick wall that came part and parcel with the house we have paid for.
There has recently been a case in the papers where Lyndsey Gagrica is due in Nottingham magistrates court for painting the fence her neighbour put up. This baffles me how someone can demolish a wall with no action being taken yet this lady has been taken to court for painting a fence on her side.
I understand there is absolutely nothing we can do with regards the wall being taken down without permission. People are allowed to knock garden party walls down with no redress for their actions. I am just seeking advice and help from the community as to where we stand following the events that have happened.
In your case you seem sensibly to have realised there isn't a lot you can do except I would make clear to them that they own the fence as you were not party to their unilateral decision and had no choice in the matter. Were it a 'party fence' then you would have shared the costs. If you have a pressing use for them I would ask for my share of the bricks back otherwise leave it drop. You never know what might happen and you might want to move one day and better to be free of any disputes.
As it is not your fence you cannot do or attach anything to it. Although in practice this often goes on, it was just that the G person had been too nosey for too long and the old folks were at the end of their tether and what the G person did was a step too far. http://www.mirror.co.uk/news/uk-news/yo ... al-2118880
@ Kipper unfortunately we are not on speaking terms.
If we make it clear that we want nothing to do with the fence, how will it effect the deeds of the house? Do the deeds of the house have to be altered to suit the changes as there will be no party wall there now.
I would think that such a responsibility has clearly lapsed if there is no longer a wall to be maintained.
Not a big deal I would have thought but perhaps someone expert can comment re deeds.
Maybe there is a Land Registry form you can complete/submit?
The OP owned the half of the wall on his side and accordingly the bricks in it, rather than being joint owner of all the bricks. The neighbour did not of course have the right to demolish the wall, but having done so he ought not to have appropriated all the bricks. The OP is entitled to sue for their value, but the action is probably not worth the trouble and in any event, wisely, he is not keen to get involved in litigation.