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Neighbour Boundary Issue

Discussion in 'In the Garden' started by Faye Bartlett, 15 Oct 2018.

  1. Faye Bartlett

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    Hi,

    I have searched far and wide for an answer to this but can't seem to find one, so am looking for a little bit of advice.

    We have owned our house for approximately 2 years, it is an end terrace.

    When we moved in the front door was on the side of the house. We have recently restored it back to it's original position at the front of the house, next to our neighbors front door.

    Before we moved in, the neighbors landlord had external insulation over the front of their house. It was not until we relocated the front door that we realised that this overhands onto our property by about 75mm. To the point where it overhangs our actual doorway opening by a few mm (sits slightly over onto frame).

    We have been back and forth with what we wanted to do about this and had decided that it wasn't worth disturbing the peace and delaying our plans with the house to get this rectified. Coupled with the fac that we don't get on with the tenants and that our deeds don't actually state the measurements of the boundary etc.

    However, we are currently waiting to have a new fence built. This will run down the side of our property, the boundary with the neighbor. We currently do not have the 50mm needed for the fence post to run due to the neighbors insulation on our property.

    We did ask the builder that was fitting the door to try and create this space by moving the door over slightly however he wasn't able to create us enough space without compromising the strength of the structure.

    He is returning soon and has suggested that he may cut back the section that is trespassing onto our land in order to fix the post. Not sure how I feel about this as I don't want any damage caused to their property. Very torn with how to approach this situation.

    The last thing that we want to do is go through courts etc and try and get it removed when all we want is a few mm to attach a fence post. The neighbors have been extremely difficult thus far and won't make the situation easy and we would like to get our fence built in the next few weeks!

    Sorry about the long post. I really would appreciate and help of advice!

    :)
     
  2. Tigercubrider

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    the easiest thing is to dig the post hole slightly away from the building and insert the post so that it is the thickness of the insulation away from the wall.
    once fixed with postcrete, the post doesn't need to be in direct contact with the house.

    That doesn't address the main issue of encroachment, but is a solution at the back.
    You might find that they might claim existing rights as "nobody mentioned it years ago" - I am not a lawyer.
    CAB may be able to help
     
  3. Faye Bartlett

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    Thanks for your reply :)

    This is what I thought initially but after various backs and forths with the fencer, he is not keep on digging a hole for the fence post and would rather it is attached to the house. He is building the fence by hand to our design, not sure if this makes any difference?
     
  4. Tigercubrider

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    I see his point because holes can be hard to dig but it's his job.
    You could use brackets to stand-off from the wall, although fixing entirely on your side might flex if the brackets are weak.
    Or drill right through their insulation into YOUR wall, use short bits of steel pipe to pack out the hole so that the post is just touching but not crushing the insulation.
     
  5. lostinthelight

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