What can my neignbour do to my boundary

[boristhebold]

When we bought our house many years ago the solicitor explained that the boundary on the north side of our property was our boundary and that we were responsible for it's maintenance.

A few years later we decided to build a single storey extension and to maximise the width (just 8ft externally ) we built on the boundary (which was our boundary). At the time the property next door was a large parcel of overgrown land.

Some 7 years later the land has been sold and the developer is building 2 large properties upon it. There is no dispute as who's boundary wall it is, however the developer has just erected some featheredge fencing and rather than attach to a post at the end, they have drilled and attached to our external wall.

The boundary is ours and therefore I assume viewed as our property, so is the developer allowed to do this or should they have asked our permission. Or as we have built on the actually boundary are they allowed? If they are, does this mean they can do what they like to our wall?

If not can we asked them to correct the fencing, so that it is not attached to our property and also ask for them to repair any damage made?

 

[spraggo]

If not can we asked them to correct the fencing, so that it is not attached to our property and also ask for them to repair any damage made?[/quote]


Did you build on the boundery or over it?. Your deeds should contain the measurements to answer this, Did you build your extention more than 12 years ago with out any disputes since, regarding same?, if so you can claim squatters rights. Did you notify the previous owners that you were going to build on their boundary?. If so has it now become a party wall?. As you can tell there are a lot of ifs and buts and I would advise you to have a chat with you local citizens advice or your solicitor. But beware, fence disputes can be very costly.

 

[boristhebold]

We built on the boundary which is shown in our deeds as being our boundary. When we bought the property our solicitor emphasized the fact that this was our boundary and therefore we were responible for it's unkeep.

 

[Diyisfun]

They cant fix to your property, its the same as you cant fix to a neighbours fence, unless you ask.
Get a solictor to write to them.
They have done it to save ££ & they would have gained about 6" of ground

 

[mattylad]

In writing, tell them to remove anything attached to your wall and make good any damage (holes etc) within 14 days or you will have it removed yourself and they will be billed for it - failure to pay the bill WILL result in them being taken to court.

At the top, put "Letter before action" too.

Then if they do not remove it - remove it yourself, throw it on their land.

 

[spraggo]

We built on the boundary which is shown in our deeds as being our boundary. When we bought the property our solicitor emphasized the fact that this was our boundary and therefore we were responible for it's unkeep.

The point of law is, did you build your side of the boundary LINE, or over it?.

 

[Robert9999]

The point to bear in mind is that the boundary is a line with no thickness. Up to the line one side is yours; up to the line the other side is theirs. When you solicitor told you that the boundary was yours, he meant any wall or fence already there was on your land and the boundary was on the far side of it.

By drilling into the wall, the company have invaded your space assuming that your wall is up to the boundary and not over it. You are entitled to ask them to remove the screws, mend the holes, and find another way of fixing the fence.

However, you may decide it's not worth the bother for a few screws.

 

[big-all]

they have replaced your fence for you why not accept it as saving you a job if they take it down you could be in a battle requiring you to replace the exact same fence in the same position

other things you need to check is by putting the fence up they may be "adopting" the fence so worth checking now its done it may now be there/new owners responsibility to maintain

 

[zedhead]

If this is turned the other way how would you maintain the wall built right on your boundary, have you a right of access onto their land to maintain your boundary wall/fence. I bring this up as I am buying a house with buildings with gutters right on the boundary.
Hi BTW 1st post of many.
Baza

 

[ajrobb]

I am surprised you were permitted to build with 1m of the boundary (or did you not ask?). My local planning authority made it very clear that I could not extend with 1m of the boundary. I think ancient hedges were assumed to be 3' within the boundary as you were not permitted to trespass just to cut your hedge. I wonder if a wall built on the boundary is considered a party wall and perhaps shared property?