Planning and boundaries - ransom strip

[Lucasdemoley]

Hi,
I am in an interesting position where a developer is looking to develop land next to my house as an extension to an existing village road for the construction of 60 hours (phase 2 perhaps 100 more). Due to the narrow opening to the land ( about 7.5m) I negotiated with the developer to purchase a small portion of my front garden to access the development (this went on for about 4 years, they paid my legal fees and the contract was drafted - yes I know how much it was worth!).

However, the local highways authority have now said that the developer only needs to provided a 5.5m wide road and single 1.8m wide pavement to access the development as this will meet the vehicle needs (despite this being against the councils own design guidance and reams of planning policy documents), so the developer obviously pulled out of the agreement (less than a week from signing).

I believe they have miss-measured the available width, given that the plan shows my front garden wall some 45cm away from a lamppost which is in fact 7cm away. The other boundary is common land, and I do feel they will be abusing that boundary.

My question lies with regards to boundary posts. At the corner of my property there is an old concrete post which stick out about 50% from my wall. My fence is built onto this, but also it has a support post at an angle that extends out from my wall, crossing into the path of the proposed access way by about 1m.

My deeds show that I am responsible for my side boundary, which would include the post. Am I correct that there is no way they are allowed to remove my post on the boundary? How does the support post factor into this, i.e as its on their land can they just remove it despite it 'technically' providing support to the other (my) post?

If anyone has any ideas about this I would be grateful.

 

[^woody^]

Boundaries and responsibilities and ownership of things such as fence posts on boundaries are different things. The landowner who is responsible for a boundary does not necessarily own the fence posts on the boundary. You need to clarify that.

If this "support post" is the angled strut that is common on chainlink fencing, then it could be argued that that all the fence and the posts belong to the landowner on whos land the strut is placed, and the boundary may well be on the side of the posts nearest to you.

In any case the strut is only to support the post when a chainlink fence is attached, and the the post will stay up without the strut.

 

[Footsoldier888]

The legal principle is where the post touches the ground, so if it is your boundary that would be the far edge of the post.

I think they have right to attatchment on their side. As for support, the solution would be they concrete in the post for you.

If you are expecting skulduggery then take photos and record it.

 

[Leofric]

If the angled support post is outside your boundary you are encroaching on to their land and legally they would be entitled to remove it .