Party Wall / Property Boundary Issues

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Sorry if this is the wrong page but I couldn't find a subject specific to property boundary issues.
I am sure this topic has been raised many times but feel that this is slightly unusual as the wll in question belongs to my neighbour but comes onto my land by about 5ft.
The building is an out building of the main house but the entrance to it is on the boundary of both properties meaning that the majority of the structure is on my land.
This is by design, and being a council estate there are a few other properties that have the same set up.
I have included a drawing that hopefully portrays the layout but my question is this.
Who is responsible for the upkeep for the part of the structure that is on my land.
Am I able to erect a trellis without permission (although I would ask out of courtesy)
Can i paint the wall a colour of my choice, and could my neighbour object, taking into account that it is me that will have to look at it all day.
Thanks for your time
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wll in question belongs to my neighbour but comes onto my land by about 5ft.

Is this still council owned? Is the shed shared? Are you sure it's your land that it comes onto? have you checked your title plan or the online planning map if your council has one for the boundary?


but the entrance to it is on the boundary of both properties meaning that the majority of the structure is on my land.

You haven't shown the entrance on your drawing

Who is responsible for the upkeep for the part of the structure that is on my land.

If it's private then it should be your neighbour, if the council still own it then it could be the council or your neighbour, depending on their contract.

Am I able to erect a trellis without permission (although I would ask out of courtesy)

Erect a trellis where? against the wall? Probably would need permission from the owner if you need attach to the wall but you may be able to put it between posts which are anchored on your land and don't touch the wall. Also depends on your deeds/contract/planning situation

Can i paint the wall a colour of my choice, and could my neighbour object, taking into account that it is me that will have to look at it all day.

probably not without their permission.
 
Your neighbour (or the owner) is responsible for the maintenance of the wall you are not lawfully entitled to repaint it or fix anything to it without your neighbours or if they rent, the landlords permission.
 
Unless your deeds say otherwise, that shed is not on your land, and the boundary will follow the shed walls
 
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hi, our property is exactly the same as yours, but my shed butted in to next door.when we were away he smashed our shed down, and claimed the land as his. this has led into a long and very bitter dispute, with him damageing our cars, one being written of. when we rang the police he claimed it is a civil dispute. i am now looking at ways to get back at him. magnum 44 springs to mind. we cannot even sell and move on unless we back down.
 
hi, our property is exactly the same as yours, but my shed butted in to next door.when we were away he smashed our shed down, and claimed the land as his. this has led into a long and very bitter dispute, with him damageing our cars, one being written of. when we rang the police he claimed it is a civil dispute.
Presumably you reported each case of criminal damage to the Police ? What actions did they take ?

If they did nothing, write to the Chief Constable asking why no action has been taken.

If that doesn't get results, there is a complaints procedure (but I don't know the details). Basically, for this bit, you are trying to get the Police to either take action against a criminal or justify why they won't.

Claims that this is a "civil matter" are completely irrelevant - criminal damage is a criminal offence<period>. The fact that the neighbour has claimed to the Police that it's a civil matter is actually good - it means he acknowledges he did it rather than turning round and saying "wasn't me" which leaves the onus of proof on you/the Police.


For a different thread, for amounts that don't exceed £5k, then you can pursue a claim in the "small Claims Court*" against your neighbour for any costs he's caused you. It's fairly low cost, and relatively informal - is you don't need to "lawyer up" and this is actually frowned upon. Even if the amount is over 5k, it can pay to keep the claim down to 5k so it says in the small claims court and write off the difference.

* Small Claims Court is the colloquial name, it's actual name is "Fast Track Service in the County Court" - unless they've changed it's name (again) since I last looked.
 

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