Where do I stand?

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We're just about to have a replacement conservatory built on the back of our semi detached house. The neighbour has already got a single storey extension, to which our existing conservatory butts up against.

The angle of the boundary line means that the slight increase in length could possibly place 10-15cm of the gutter over the neighbours land, BUT when we moved in, there was a fence that effectively closed this section off and made it our 'land'.

Looking at the plans for the house and garden, its not clearly defined where the crank in the line starts. I've spoken with the neighbour and we get on really well so she doesn't have any problem with it, but if she ever sold up and someone else moved in and had a problem with it, what can they do? Surely they bought the ouse as seen and therefore cant start demanding that existing buildings that were there before they owned the property are moved....or can they?

To be honest, I could well argue that the 'crank' in the boundary line doesn't start until its cleared both our extensions - otherwise my house would never be able to be extended.

I've offered to replace the original dividing fence that wea there when we moved in once the conservatory is up, and this would effectively give us this land back to the same state as when me initially moved in. Can this fence be argued as the boundary line, essentially I'll plead ignorance becuase thats what it was like when we moved in.

Thanks in advance
 
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If your neighbour is happy with what your doing, the very least you should do is to get a signed & dated statement letter from them saying they agree with what you are doing. However, boundaries & the disputes that can arise from them can be far from straight forward; of which I have personal experience!

You might like to try posting the same question here;
www.gardenlaw.co.uk/phpBB2/index.php
I’ve used this forum before & the folks on there were a great help with my particular problem.
 
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DenzB said:
You need a Party Wall Agreement. See the following link:
http://www.opsi.gov.uk/ACTS/acts1996/1996040.htm
This will give you a legally binding document and protects against any dispute with future neighbours.

A party wall agreement will give both neighbours legally binding rights but doesn't it assume the position of the boundary is already clearly defined!
 

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