Building a wall right up to the boundary

[andy_g]

I have applied to extend my garage's length (sideways as we look at it from the front).

The garage was built in the 80s and its back wall sits on the boundary between myself and a very uncooperative neighbour. In other words the back wall of the garage interrupts the fence line.

I want to build on the side to extend the garage which means I would need to take down two fence panels and build a solid wall in their place.

It would be reasonable that the fence and the back wall of the garage are on my side of the land, you would think so, but how can one possibly tell? In other words, how can we tell that the fences belong to me, as does the back wall of my garage? There is nothing in the deeds of course. Also there must be foundations under the wall that must surely extend into the bad neighbour's land. I have no idea what the legal situation is here.

Based on the land registry's plan we could try to measure accurately, but we are talking about centimeters and I do not think the plans are that detailed / hi-res to allow anyone to make that judgement.

Any advice welcomed!

 

[Nakajo]

I suspect that an old hand here, looking at the deed and plan - and maybe a couple of photos, could make a reasonable assessment

 

[^woody^]

A boundary line is hypothetical, and so a fence or wall will not be the boundary, but often denote the line of a boundary. The boundary will tend to be on one side of a fence/wall, with the fence/wall being on the side of whoever owns it or maintains it - ie the outside face of your garage and fence. If the wall or fence is jointly owned or used (eg a party wall) then the boundary will tend to run centrally along it.

On a deed plan, a boundary line can be over a foot thick if scaled in real life, so is always a guide only. It can't be scaled from other objects either, unless the actual dimensions are stated on the deed plan.

So if there is any doubt, on its position, it always comes to what is the most logical or intended position for the boundary.

In your case, the boundary is most likely to be along the outer face of the garage wall and then in a line down to the last fence post. The fence may have wavered overtime along this line, but if its on your side of the line, and especially if you are responsible for it ( the T marks on the deeds) then you should be able to remove it as it's yours.

When built, there is an implied easement to have your foundations and eaves soffit/gutter on the other side of the boundary. When you build your new wall, you have no right to do this. If you follow the Party Wall Act, you can put non-reinforced foundations across the boundary, but nothing else without express permission from the neighbour. This tends to mean keeping everything flush with the wall, or stepping the wall in to allow for any necessary projections.