Any Legal eagles around, please?

changkra

This is going to sound quite petty, it does to me anyway, but i live in a row of Victorian terraced houses. Now my neighbour has suddenly decided to build a fence on my wall, it look horrendous, but that is just my opinion. The thing is she didn't even bother to tell me she was planning this until it was half built, i don't know but maybe she planned it that way. What I'm really angry at it the builders who are also gardeners (???) and her friends have cut a chunk out of my fascia board on my extension so they could fit it in as it is too tall, added to that they decided to come onto my property to cut it out without telling me and left my back gate wide open so my dog could get out. I did say in the beginning i wasn't going to start a neighbour dispute but that was before they started damaging my property. She obviously has a problem with us as she hasn't put one up on the other side which her own wall. If she wants to blank us then thats fine but i have always been courteous and friendly with her when Ive seen her which hasn't been a great deal, but i can't help wondering what it is I've done wrong

So, can anyone tell me how i stand here legally please?

savingsara_2

I'm afraid I don't know where you stand legally, but I would say they were trespassing if they came onto your land. The citizens advice bureau might be better placed to help you with regard to any damage to your property and allowing you dog to escape (as an owner of two dogs, I'd want to go and bat her for that alone!).

I have to practically restrain my OH on a daily basis as he's gunning for our neighbours (of 18 months) who are in the process of erecting a workshop the size of a small industrial unit next door. Roughly 8mx11mx4m high so I sympathise with your predicament.

Sorry I cant be more help

RichyRich

Going onto your land without permission is trespass. Sadly it's not a criminal offence so unless they caused damage by trespassing there's not a lot you can do.

Damaging your fascia - you should be able to claim for the cost of repairing this. It may also be criminal damage.

Leaving your gate open - you will only have a cause of action if any damage was caused

The fence - if it's over 7' it may need planning permission.

HtH
Rich

changkra

Thank you very much for both the above posts, i really appreaciate it. The fence is no way 7 foot but she has built it on top of a wall which would make it over 7ft, would this make a difference?

RichyRich

Yes, it is the height from the ground which is counted (iirc), so:

If a 4 ft fence is built on top of a 4 ft wall, the height would be 8 ft and so I'm pretty sure it would probably need planning permission.

Rich

paddy's_mum

The fence on top of the wall exceeds the permitted height of 2 metres. RichyRich is quite correct. It would need planning permission but your local council may be prepared to grant retrospective pp.

Are you absolutely certain that it is your wall and not a party wall? If it is solely yours, you can insist that it is removed.

Again, if the cutting in has clearly and demonstrably been done to your fascia board, you are entitled to demand (politely is always best) that your neighbour either make good the damage or replace the board with a new one, at her own expense. If she refuses, you are at liberty to take her to the small claims court for an order compelling her to replace or compensate you.

You may care to put this one on https://www.gardenlaw.co.uk for a more exact answer. Good luck with it.

mpython

I would strongly urge you to talk to your neighbours in the first instance and seek some form of dispute resolution if at all possible before thinking about court action. Such disputes can be very, very costly.

That said, is it your wall or your neighbours?

The deeds of your property should detail whether resposibility for the boundary is yours or your neighbours. If its yours then you can ask them to remove their handiwork.

Get a quote from a couple of carpenters re the damage to the facia and ask your neighbour for the money to repair it.

RichyRich

mpython wrote: »

I would strongly urge you to talk to your neighbours in the first instance and seek some form of dispute resolution if at all possible before thinking about court action. Such disputes can be very, very costly.That said, is it your wall or your neighbours?The deeds of your property should detail whether resposibility for the boundary is yours or your neighbours. If its yours then you can ask them to remove their handiwork. Get a quote from a couple of carpenters re the damage to the facia and ask your neighbour for the money to repair it.

Yes, thanks for clarifying that. I wasn't suggesting jumping straight down the court route; try to work it out amicably first!


Rich

eira

Just like to recommend a site called Neighbours from Hell (the forum that is).
A lot of helpful articles and superb support from people who have either a)been there or b) know their onions. There are articles about a wide range of issues - hedges/parking/boundary disputes etc. A really great resource

zebidee1

mpython wrote: »

That said, is it your wall or your neighbours?The deeds of your property should detail whether resposibility for the boundary is yours or your neighbours.

Can I query this please? We recently got our title deeds but all they showed was where the boundary between the neighbours actually was and what was on it (i.e. a fence). They didn't say anything about who owned the fence.

As it happens, we put the fence up so we know who owns it but I've seen things like this often and wondered if our deeds are less detailed than they should be?

paddy's_mum

zebidee - deeds are often non-specific, and rightly so, because things can so quickly change.

Let us suppose that you currently have a substantial hedge marking out your property. The deeds could say "the hedge is on the boundary". You get fed up with having to keep cutting it and so one day, you hire a chainsaw and chop it down. A week or so later you erect a low wall.

Five years later, the frost has got into the mortar and the wall is failing. You remove it and install a 6' high fence. Your new neighbour then comes out and asks you where is the boundary. What can you answer - if the deeds say the hedge is the boundary, can you point to it?

What most people don't realise (and why should they, you pay a solicitor for that) is that a boundary is an invisible line of zero thickness - it is a concept not an actual thing. Hedges, fences etc are called boundary features and it is those items that most sensible people look at when trying to decide where the boundary is. Between most sets of neighbours, commonsense says this fence is exactly on the line of the old wall and the wall was built exactly where the hedge roots were. "Here's a photograph of great-aunt Aggie's birthday party and you can see that the wall, and now the fence, touch the midline of the house brickwork ...."

Except between real neighbours from hell, the system works well, everyone is happy and to add more detail to deeds could actually provoke more trouble than it could solve, as I hope my example has shown you. Your deeds may or may not show T marks to indicate to whom a fence belongs. If you need guidance, a quick call to the Land Registry that covers your district will often be of use. LR staff, I have found, are unfailingly helpful and courteous. Hope that helps.