Property Boundaries

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  • Property Boundaries
  • cultsdave
    Member

    Morning folks,

    Just wondering where I stand on this. At the moment there is a gap between my garden and the neighbours. There used to be a large hedge but I removed it when we moved in. The neighbour was delighted by this as it was very intrusive. My original plan was to erect a fence but the neighbour wanted a wall. Fine by me as they said they would pay too.
    The issue is where he wants to build the wall. Half on his garden half on mine which would be fine if it were not for the existing garage wall. My garage side wall runs along to the gap. The back wall of the garage backs onto his garden so the boundary starts at the corner of the garage and runs flush to my side garage wall. I would prefer to have the wall sit flush to my garage so the whole wall is in his garden. This avoids what would be a step in between the garage and new wall and would look better. I assume i am allowed to insist on this?
    We have chatted with them and get on ok, he is a bit of a chance and I think he just wants to avoid losing more of his garden than he can get away with!

    scotroutes
    Member

    You want to build your wall in his garden? I bet you want him to pay for it too. You are POTUS and ICMFP.

    cultsdave
    Member

    No, he wants to build his wall half in my and half in his Garden, I want the wall flush with the existing garage wall which would but it all in his garden. I would rather have a fence but happy enough with a wall especially as he has said he will pay for it.
    My question is, Is he allowed to build the boundary wall half on my garden and half on his?

    Premier Icon Greybeard
    Subscriber

    If the hedge was yours, it was in your garden, so the boundary is his side of the hedge, although if the hedge hadn’t been trimmed it might have overhung further. If he builds the wall from his own choice, it has to go on his side. But if it’s to be jointly owned, I guess you can agree to put the centre on the boundary. Do you have any documents from the purchase saying where the boundary is?

    Premier Icon Squirrel
    Subscriber

    Under the Party Wall etc Act you would serve a Line of Junction Notice on him stating that you want to build the wall entirely on his land. He does not have to agree, and if he doesn’t you can’t. You do have the right to project your foundations onto his land though. A fence should be on the boundary line unless you agree with him otherwise. You need to be certain where the boundary line is, otherwise it could lead to arguments in the future, particularly when one of you wants to sell up.

    cultsdave
    Member

    Squirrel-
    It is my neighbour who is building and paying for the wall. He wants it half on my land half on his. I want it all on his land so it is flush with existing garage wall.
    I assume he is not allowed to build a boundary wall on my land?

    sharkbait
    Member

    Sounds like the edge of your garage forms the boundary (which makes sense) so in fact what he thinks is his land might be yours.

    ji
    Member

    Is it really worth arguing over a couple of inches? You can insist on your rights, but at what cost?

    Premier Icon oldtennisshoes
    Subscriber

    Let him build his wall on his land. You build a fence on your land if you’d like.

    cultsdave
    Member

    Is it really worth arguing over a couple of inches? You can insist on your rights, but at what cost?

    No not normally, but what will happen is the wall will run along my garage then step out 4.5 inches and run along. It will look naff.

    poly
    Member

    It will look naff.

    Am I picturing it wrong but will it not be naff on his side rather than yours?

    handybar
    Member

    You need to establish what the actual property boundary line is. If you think he may be a chancer then you may wake up one morning with a very tiny garden and a wall Donald Trump would be proud of.
    I would have just trimmed the hedge.

    mattyfez
    Member

    Maybe compromise and rather than having a step out at the garage, build the wall at a slight angle so it’s flush with the garage but ends up 50/50 on the boundary at the front?

    Unless I’m picturing it wrong.

    cultsdave
    Member

    I would have just trimmed the hedge

    The hedge was a 10foot tall 8 foot thick row of Leylandi trees in a small garden!

    What JI says. Move on.

    Premier Icon Squirrel
    Subscriber

    Cultsdave. Same applies from your neighbour’s point of view. He cannot build partly (or entirely)on your land unless you agree to it. His foundations can however extend onto your land. Regardless of who pays for its construction, the cost of future maintenance would fall to the Party on whose land it sits. If it straddles the boundary maintenance costs would be shared as it would be a Party Fence Wall. I would suggest it is not a good idea to give or take a few inches of land, as this could lead to disputes in the future unless properly recorded in the property deeds.

    Premier Icon BadlyWiredDog
    Subscriber

    Solicitor? Essentially you’re asking for legal advice, you’re better off getting it from someone who know what they’re talking about because it’s their job, rather than a random ‘I’m not a lawyer but…’ poster on here.

    Premier Icon slowoldman
    Subscriber

    Well I suppose your neighbour could say “OK I won’t pay for a wall, you pay for a fence”.

    andykirk
    Member

    If he is offering to pay for a masonry wall I’d bite his hand off! Unless of course you live in a grade A listed building of great aesthetic importance. If you are happy with where the boundary line is then half the wall to each side sounds fair to me. Sod getting involved with solicitors and the like!

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