boundary fence rules

[bonsuivit]

my neighbour wants to build an extension up to the boundary line - we already have a fence there which i believe is either owned by me or at least jointly owned. I have a car port built into this fence at one end - what are my rights for this ?
can i stop him taking the fence down ?
can he take the fence down and build over it ?
any help greatly appreciated

 

[^woody^]

You need to sort out ownership of the fence and where the boundary actually is. A fence line is not necessary the boundary line

If its your fence, he can't touch it without your permission.

If its jointly owned/maintained then its a "Party fence wall" and becomes notifiable under the Party Wall Act - which will give you rights to support for your car port from the fence or whatever goes in its place.

He can only take the fence down without your approval if it solely belongs to him.

Even so, an extension on or near to the boundary line may involve him serving an notice under the Party Wall Act.

If the neighbour has submitted plans for planning permission, then have a look at them to check the situation at the boundary.

 

[Joe Malone]

Woody's right in that the fence line is not necessarily the boundary line but we'll assume that you've carried out the relevant checks with solicitors, land registry etc and that it is the boundary line. In most cases it is.

This isn't a party wall fence situation, the neighbour is building an extension so the line of junction notice doesn't apply. As with any party wall situation you need to find out which part of the act applies to your particular situation. In this case your neighbour should serve 'notice of intended excavation' either under section 6(1) 3m rule or 6(2) 6 metre rule. Notice should be served one month prior to work starting.

You should remember that the party wall act is an enabling act that even provides the owner with access to your land under S8 so that he can carry out works. He has the right to place foundations on your land though if they're reinforced he'll need express written consent from you.

My view is that the owner should appoint a single agreed joint surveyor to work through this. He's duty bound to draw up an award that's in the best interests of both parties. The owner can take the fence down though he'll need to provide alternative support for your car port and reinstate after works are completed. Being difficult will only sour relationships with the neighbour and prolong the situation. I've seen cases where builders have been forced to point up overhand because adjoining owners wouldn't allow access. Access wasn't essential in pursuance of the work but think about it; is it in your best interests to be left looking at a wall that's poorly pointed up?

 

[joe-90]

Try this specialist forum for advice.

http://www.gardenlaw.co.uk/