boundary lines

Joined
20 Aug 2007
Messages
86
Reaction score
1
Location
Gwent
Country
United Kingdom
my next door neighbours extension is about 1 foot into my garden,because it is about 3 foot below my garden they have put the outside wall up with a retaining wall which i found out when trying to dig down to put some new fence posts in and hit there concrete blocks with my spade,the blocks have been laid on there side and are on our side of the boundary,all advise received with thanks
 
Sponsored Links
Don't understand you. The blocks are laid on his side but are on your property? Any chance of a pic or diagram?
 
sorry for the confusion the blocks have been layed on its side so the wall is wider ,i cant do a photo at the moment as my camera is broke
 
So what do you want advice on?

If you want to enforce the property boundary, then you will need to see a solicitor.

Or if you want an allternative way of erecting the fence then you'll need to provide more details about the foundation projection and what you are trying to achieve
 
Sponsored Links
i was checking for advice on was my neighbour ok to build in my garden without my permission and would i have to ask them now if i have to drill into the blocks so i can put post fixing in for my posts
 
Unless they served notice under the Party Wall Act (which gives rights to lay footings across the boundary), then they are commiting a trespass by building astride the property boundary .... if done so without your permission.

Having said that, it does not give you the automatic right to remove the offending blocks!

If you speak with them, then I am sure it wont be a problem fixing to their wall - as the alternative would certainly be a major headache for both of you
 
well i have no idea of the legal position here,

but i would of though that there is no way on earth that he can put anything on your garden even if it is a retaining wall,

if he needs to retain it surely he should of built the retainer on his side and moved the fence onto his land.

i would be very angry here.
 
Would agree with the above you need to speak to a solicitor, he cannot build on your land but unless it is very obvious where the boundary is , then these sorts of disputes can be complicated and protracted.But should be sorted as they can cause unseen problems further down the line.
Also be aware that you are legaly obliged to notify of any boundary disputes that may be ongoing should you be in the process of selling.
 
thanks for all the replies,spoke to my neighbour and he's not happy about me drilling into his blocks,i guess now its a trip to the local planning authorities to see what there plans where for the extension and go from there,once again thanks for all the advice.
 
ISTR that the footing can go into your land if needs be.

The PWA needs to be invoked though.

Solicitor time.
 
ks,i guess now its a trip to the local planning authorities to see what there plans where for the extension and go from there.

What the plans say is irrelevent.

It's a trespass under commom law, and you will have to pursue it via the civil courts if you can't reach an agreement.

The usual thing in these cases is for you to either be paid compensation by the neighbour - either a one off payment and the boundary is effectively redrawn, or you lease or licence use of this strip of your land and the neighbour pays [rent] for this.

If the neighbour does not agree, then you may have to spend a great deal in legal fees to enforce your rights - but will get them back if your claim suceeds.

It's unlikley that you could have the foundations removed. And can not fix into them without the neighbours permission - they are his property not yours
 

DIYnot Local

Staff member

If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.

Select the supplier or trade you require, enter your location to begin your search.


Are you a trade or supplier? You can create your listing free at DIYnot Local

 
Sponsored Links
Back
Top