17.8.2010, 11:37
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#1
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New member ![]() Group: User Posts: 1 Joined: 17.8.2010 Member No.: 2172 |
Bad relations with neighbours came to ahead with a joint boundary fence being removed and replaced with a 2mtr high block wall whilst we were on holiday.
It is attached to the join between our two properties (dont know if damp proofed) and runs parallell with our extension wall leaving a gap about 35-45 cm between the 2 walls enclosing drain pipes. The fence that has been removed was erected by us replacing old fence when extension completed 8 years ago. The area in question at that time was hidden behind a garden shed and we would have explained what were doing but no objections or comments were made, then or up to now. We erected trellis panels of approx 3-4ft to enable access with 'elbow room' to allow us to check for any signs of problems. They were easy to move to create that little bit extra space to carry out any minor maintenace or repairs. Obviously, if any major work required permission would have been seeked to allow access on their side of the boundary. Land registry details for both properties do not indicate who is the owner or responsible for the boundary structures. This topic was queried between both parties in the spring because we wanted to deal with some over grown conifers (which they wanted sorted aswell) and replace existing fence. We both in our conversations were unclear of actual boundary line but talked along the lines that the structures were joint. They werent happy with our choice and wanted to think about it. It was agreed to leave it until the autumn to broach the subject again. In the meantime, we repaired the trellis without discussing with them first (foolishly, not realising it would be a such a big deal) , which then made them suspicious and accussed us of trespassing and moving a ladder. We denied stepping onto their land and absolutely had not touched a ladder. Point 1 here - If we had used their ladder would we have been stupid enough not to put it back where we found it? Point 2 - Because of their on going extension work it would be possible to say one of their tradesmen could have used it. Also their children are the sort to be up to all kinds of mischief which parents are obliviuos to, so they could have moved it. It had been several weeks after the repair that they made the accusation. Anyway, obviuosly we were shocked and horrified that they could do such a thing, had the right to do such a thing especially while we were away. It prevents us from accessing the lower 2 metres of our extension wall and small section of main house wall therefore prevents us from carrying out any inspection, maintenance or repairs. We are concerned that this has created risk of potential damage to our property through e.g.collection of debri and trapped water etc. They will not discuss it with us and are behaving aggressively & using foul language. We wish to write them a letter telling them we are not happy with their actions and want to make sure of our rights and their wrongs to safe guard the condition of our property. Can anyone advice us of our rights or what would be the best way to word it because we dont really want to pay for legal advice if its not going to go anywhere. Ideally we would like it removed and are willing to agree to an alternative fence panel if the trellis is not to their liking. If not, if they can held liable for any damage arising in the future/can be made to make the gap weather proofed would be better than nothing. Thank you in advance |
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20.8.2010, 1:22
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#2
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Senior ![]() ![]() ![]() Group: Administrator Posts: 97 Joined: 26.1.2009 From: UK Member No.: 2 |
Hi,
Normally your boundaries will be outlined in your deeds. Your solicitor should have advised you about who is responsible for which boundary. I know that on my street everyone is responsible for a boundary (either hedge or fence) to the left of their property and that is applicable to all houses on the estate. Boundary walls are normally exempt from building regulations, but may require planning permission. For example, in some areas it is not allowed to build a wall at all, or if there was a planning permission for a 1 meter wall, it can’t be replaced with a 2 m wall. Call to your local council’s planning department and ask them. Also in your case wall is too close to your property and that may be against building regulation as well. |
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