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- 21 Jun 2019
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I previously had some very good advice on here so hoping for some more help. Neighbour is doing a two story extension. We are both semi detached and they are the non joined side. The two houses are offset so our house is closer to the road than theirs which is offset back. As such their garage which was built at the time all of the houses were built forms about 5ms of the boundary between our back garden and theirs but all built within their side of the boundary. Their new side extension will be built 30cms inside the boundary on their side. Planning hasn’t been approved yet but they had already demolished all of the original garage apart from the side wall which was single skin and we and they agreed remained unsafe without proper support. So today they pulled down the wall. There is now a gap in the boundary of about 5 ms. They have placed a temporary Harris fence there but said since responsibility for the boundary on this side is ours, we should fit new panels to replace the wall of their garage that was there when the buildings were erected in 1969 and that now they have removed. They are also asking us to update the other fence panels because they are getting a bit tired. This cost isn’t high up our list of priorities at the moment and since the current fence is secure and safe we are in no rush to update it. We also feel the new gap in the boundary is only there because they have commenced a project to remove a building that was there from the beginning and to expect us to fix this issue now is a bit unfair.
Where do we stand with regard to responsibility for this boundary? We are responsible for fencing that was on this side of the boundary on the deeds but boundary/fencing would not have extended at the beginning beyond this point since the garage was the boundary wall. If it is our responsibility do we have to find the money to do this? What happens if we can’t? We have a child and a dog and so we need a secure garden. They are planning to rent the property out so I think they would also want to have the situation resolved.
It’s extremely stressful living next door to what has become a pretty big construction (rear full width single story extension and large side double storey extension along with a complete overhaul of north front and back gardens). We are effectively unable to enjoy private and peaceful use of our garden and house during these months and have accepted the many vans and trucks that have arrived and parked in front of our drive or inconsiderately and all the other daily frustrations but to be told that we will have to make good a boundary fence in this way is the point at which it feels unfair. Any advice? Pics attached.