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Boundary wall problems
Comments
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They might well have with the drainage and discharge of water across a drive and onto a public footpath. H3. Drainage and Waste Disposal.0
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They might well have with the drainage and discharge of water across a drive and onto a public footpath. H3. Drainage and Waste Disposal.
Exactly, the dilema being that it's their water but I have released it in effect
And cornolio, I do accept the boundary is a vertical line, BUT in this case the visible vertical line is the face of my wall, but my wall has depth and by definition if it is my wall it has to have substance, it's how far my wall goes back that is the issue.;)
The builder did remark that it's more common for the higher property to own the boundary, which makes your definition clear cut, but that's not the case here.I like the thanks button, but ,please, an I agree button.
Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)
Always expect the unexpected:eek:and then you won't be dissapointed0 -
cyclonebri1 wrote: »
And cornolio, I do accept the boundary is a vertical line, BUT in this case the visible vertical line is the face of my wall, but my wall has depth and by definition if it is my wall it has to have substance, it's how far my wall goes back that is the issue.;)
The builder did remark that it's more common for the higher property to own the boundary, which makes your definition clear cut, but that's not the case here.
This is how it is
If the boundary is the nearside face of your wall and the wall is owned by you then it is on the neighbours land, and may be deemed a trespass unless it has acquired an implied easement (ie is allowed to be there).
If it has an implied easement and you remove it or part of it, then you have no right to put it back in the same place
Alternatively, the boundary is on the other side of the wall, and the wall is wholly on your land and you own it, so can do what you like with it and rebuild to the same location
Alternatively the boundary runs somewhere within the wall and the wall either joint owned or solely owned by one of you
Whatever the case, the wall is not the boundary and the boundary is not some 230mm in thickness. Read my post above again
You need to understand that a boundary is not an object and a thick wall does not mean the boundary is the thickness of the wall. A boundary is invisible and that is why we tend to put things on the boundary to show people where it is
Your builder does not have a clue about boundaries, sorry. His comment is wrong and boundaries can never be assumed based on ground levels
If the wall is on the neighbours side of the boundary or crosses the boundary, or is built on the boundary, then it is a Party Fence Wall under the Party Wall Act. And if so a clued up neighbour can cost you £000's if he wants to be awkward0 -
No, I totally acept as I said that the actual boundary is a single thin line.
BUT no one is going to be able to define where this vertical line lies, I have my deeds and there is sfa in there.
Now I have visited the planning portal and it mkes things quite clear there and goes a good way to cover most of the issues you have raised. The only issue I have is that I did not get the consent in writting as we are on fairly good terms, they benefit from the work as they get a free wall which adds to their property value.
The act also accepts that adequate foundation my be laid onto the neighbouring property again I had verbal consent for that only.
The issue I am left with is still that of the water run off, the position of the soakaway wasn't known to be relevant to either me or them.
I think the best thing to do is to get this completed and see what if anything ensues.I like the thanks button, but ,please, an I agree button.
Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)
Always expect the unexpected:eek:and then you won't be dissapointed0 -
cyclonebri1 wrote: »No, I totally acept as I said that the actual boundary is a single thin line.
BUT no one is going to be able to define where this vertical line lies, I have my deeds and there is sfa in there.
Now I have visited the planning portal and it mkes things quite clear there and goes a good way to cover most of the issues you have raised. The only issue I have is that I did not get the consent in writting as we are on fairly good terms, they benefit from the work as they get a free wall which adds to their property value.
The act also accepts that adequate foundation my be laid onto the neighbouring property again I had verbal consent for that only.
The issue I am left with is still that of the water run off, the position of the soakaway wasn't known to be relevant to either me or them.
I think the best thing to do is to get this completed and see what if anything ensues.
I doubt it will go away, and the council will be around eventually, particuarly when it becomes a slip hazard in winter, or it erodes the pavement away. From the nreighbours point of view, the easiest solutiion is to bung the end full of cement, and slab over it. Personally, I'd be inclined to bite the bullet, divert it under the wall and put a soakaway under my drive now, while I'm still building.0 -
I doubt it will go away, and the council will be around eventually, particuarly when it becomes a slip hazard in winter, or it erodes the pavement away. From the nreighbours point of view, the easiest solutiion is to bung the end full of cement, and slab over it. Personally, I'd be inclined to bite the bullet, divert it under the wall and put a soakaway under my drive now, while I'm still building.
No, that's not an option, It's their water and I don't want it.
My drive is concreted, there front garden is gravel no contest where the new soakaway should be
Right sorry for not replying earlier but I have a computer issue similar to yours Mikey, thius is the 1st time this week I have been able to log onto the forum without it freezing down.
Have spoken to several members of the local council and there outsourced buidling control team.
Everything is cuschti Rodney, the weeping drain and the drainage material I have used behind the wall is as per spec. No building reg aproval needed, the only reg that I needed to be aware of was the 1 that states that a line drawn at 45 degrees from the neighbours foundation towards my property must not be cut by my works.
It isn't
I am going to adapt it's not a my problem issue.
Can't recall if I mentioned they have the house up for sale but maybe it won't be their problem either.
Forgot to say;
Builing Control say the soakaway has to be 5 mtrs away from any structure, it's less than a mtr from theirs and about 3 from mine.
Bullets at the readyI like the thanks button, but ,please, an I agree button.
Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)
Always expect the unexpected:eek:and then you won't be dissapointed0
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