Neighbour refuse access

ll716 · 13 May 2022

Hi All,

Got a funny neighbour who first objected our planning application and now refused when I ask for access to finish the extension wall which is sitting on my side of the boundary.

She emailed and said:” I do not give you permission to remove my fence” after I offered to address all of her concerns and offered putting a temporary fence in place.

Below is a picture shows the wall with the adjoining neighbour which measured at 161cm. Builders’ view is that the boundary should be at the mid point which is 80.5 from either side which is exactly where the downpipe is positioned. I think the fence was misplaced historically due to the position of the downpipe and our deed does not specify where the boundary is.

Appreciated if anyones got any views on where the boundary should be and how I should proceed from here? If the boundary is the mid point then the fence is clearly on our land and we have every right to remove and carry out the work thoughts?

Notch7 · 13 May 2022

The issue is less the boundary position than the problem with your small minded neighbour.

I personally would diplomatically explain to your neighbour the fence is yours, on your land and you will remove it to do your works and replace it afterwards.

I think you need to explain politely what you will be doing and when, then just get on and do it. What can the neighbour do about it?

If it’s on your land it can’t be her fence

and if it’s not on the deeds, then she has no proof it’s her fence….although of course the neighbour may have paid for it.

jono_h · 13 May 2022

Any idea how long the fence has been up? Historically it was polite to give the neighbour the ‘nice’ side, but more recently whoever is paying chooses to have the nice side.

Far from definitive, and not all that helpful. Sorry!

As Notch says, just get on with it. It can’t be trespass if it’s in your land, and if you remove & replace the panel carefully it can’t be criminal damage.

Mottie · 13 May 2022

jono_h said:
but more recently whoever is paying chooses to have the nice side.

I'm amazed at how many fences I see like this nowdays. My neighbour paid for the fence between us and chose the 'good' side towards him. They did the same with the back fence that backs on to an alley. All the easier for a potential burglar to climb into their garden.

^woody^ · 13 May 2022

Notch7 said:
If it’s on your land it can’t be her fence

Ownership of a fence, paying for it, responsibility for a boundary and a fence's position on or near a boundary are all different things.

The neighbour may well own the fence even if it's not on the boundary.

^woody^ · 13 May 2022

Why do you need to remove the fence to finish the wall?

ll716 · 13 May 2022

Thanks for all the responses. We’re planning to crack on but is it worth to get a surveyor to determine the boundary line in case we get solicitors involved?

ll716 · 13 May 2022

^woody^ said:
Why do you need to remove the fence to finish the wall?

To finish the rendering of the wall as the space between the fence and cavity wall is only 10cm.

^woody^ · 13 May 2022

Leave it un rendered, point it up.

^woody^ · 13 May 2022

ll716 said:
Thanks for all the responses. We’re planning to crack on but is it worth to get a surveyor to determine the boundary line in case we get solicitors involved?

That won't work.

Why should a neighbour believe your surveyor? Why would your surveyor be correct?

Boundaries are legal disputes requiring legal intervention, the surveyor wil just provide opinion.

ll716 · 13 May 2022

^woody^ said:
Leave it un rendered, point it up.

Thanks Woody. Thought about it but we’re using blocks for both inner and outer cavity wall and building control asking for rendering? Do you think they’ll accept pointing or shall we go with bricks without rendering?

cdbe · 13 May 2022

ll716 said:
To finish the rendering of the wall as the space between the fence and cavity wall is only 10cm.

That's plenty of room to smear some dreadful lumpy render on with a small trowel - just write back apologising in advance and enclosing some pictures of what they could have had - no doubt a nice K-rend finish, and what they will be getting - something like this, which will be the best your builders can do under the circumstances:

ll716 · 13 May 2022

cdbe said:
That's plenty of room to smear some dreadful lumpy render on with a small trowel - just write back apologising in advance and enclosing some pictures of what they could have had - no doubt a nice K-rend finish, and what they will be getting - something like this, which will be the best your builders can do under the circumstances:

View attachment 269584

love it!

^woody^ · 13 May 2022

The render is typically for the u-value calculation not protection of the wall. Check with your designer if compensation is required.

Check your blocks with the manufacturer, they should be exterior rated, but if not there are many that are.

Tell your neighbour you will be forced into this and that the wall will look a right ugly, mortar smudged mess. See if you can find a photo to illustrate.

And this would be the only time I'd recommend using crap bricklayers.

Mottie · 13 May 2022

^woody^ said:
Tell your neighbour you will be forced into this and that the wall will look a right ugly, mortar smudged mess. See if you can find a photo to illustrate.

And this would be the only time I'd recommend using crap bricklayers.

Something like this or nice and smooth and painted. Just give them the choice.

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