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Boundary Dispute
Nicki
Posts: 8,166 Forumite
Our neighbours are threatening a boundary dispute if we don't let them paint both sides of the railings which divide our properties in their chosen colour. I just wanted to check if I am missing something obvious.
The railings and the wall dividing the two properties (which are semi detached) were put up by the previous owners of our house in around 2000. Prior to that there was nothing marking that boundary. We have evidence in the form of an application for listed building consent, plus the original application documents which were with our deeds, plus photos to show that this is true. The neighbouring house never made an application to erect railings along the boundary at any time. The map on the land registry does not have a T to say whose responsibility it is to maintain that boundary, and our PIF from 2007 says they belong to us.
The two house are both Grade 2 listed and are also in a conservation area. All the railings in the area are black. The neighbours want to paint the railings in a very vibrant colour. I have spoken to the Planning department who say they would need to apply for grade 2 listed building consent to do this.
We have offered various compromises to them to try and resolve this (including that they can paint their own side of the railings in their colour, even though we really don't want that), whilst making clear that the railings belong to us and therefore they must not change them without reference to us. They are not budging from their stance however and are now threatening to start a boundary dispute to challenge where the boundary line lies. They've also mentioned the Party Wall Act but I can't see how that applies in this case as the railings are in excellent repair, even if they do classify as a Party Wall Fence which I doubt.
We do not particularly want to have a neighbour dispute, but we really dislike the colour they have chosen which would clash with the colours of our house, which we only repainted last year, and as I do not think they will apply for listed building consent, I think we would be committing a criminal offence if we allowed them to repaint railings which we know belong to us in this colour.
My concern is that I will return home one day to discover they have painted the railings anyway whilst we are out. I know this would be criminal damage and an offence under the listed buildings rules, but at the moment they are angry enough to do so. Nor do I particularly want the aggravation of defending a boundary dispute, as I am unwell at the moment, even though I feel confident we would win this based on the length of time the wall and railings have been erected uncontested by them.
Am I missing something really obvious here? Ownership of a fence along or just inside a boundary line does belong to the person who erected it doesn't it? And correspondingly the next door neighbour cannot decide to paint the fence in a colour of their choice. Thoughts welcome.
The railings and the wall dividing the two properties (which are semi detached) were put up by the previous owners of our house in around 2000. Prior to that there was nothing marking that boundary. We have evidence in the form of an application for listed building consent, plus the original application documents which were with our deeds, plus photos to show that this is true. The neighbouring house never made an application to erect railings along the boundary at any time. The map on the land registry does not have a T to say whose responsibility it is to maintain that boundary, and our PIF from 2007 says they belong to us.
The two house are both Grade 2 listed and are also in a conservation area. All the railings in the area are black. The neighbours want to paint the railings in a very vibrant colour. I have spoken to the Planning department who say they would need to apply for grade 2 listed building consent to do this.
We have offered various compromises to them to try and resolve this (including that they can paint their own side of the railings in their colour, even though we really don't want that), whilst making clear that the railings belong to us and therefore they must not change them without reference to us. They are not budging from their stance however and are now threatening to start a boundary dispute to challenge where the boundary line lies. They've also mentioned the Party Wall Act but I can't see how that applies in this case as the railings are in excellent repair, even if they do classify as a Party Wall Fence which I doubt.
We do not particularly want to have a neighbour dispute, but we really dislike the colour they have chosen which would clash with the colours of our house, which we only repainted last year, and as I do not think they will apply for listed building consent, I think we would be committing a criminal offence if we allowed them to repaint railings which we know belong to us in this colour.
My concern is that I will return home one day to discover they have painted the railings anyway whilst we are out. I know this would be criminal damage and an offence under the listed buildings rules, but at the moment they are angry enough to do so. Nor do I particularly want the aggravation of defending a boundary dispute, as I am unwell at the moment, even though I feel confident we would win this based on the length of time the wall and railings have been erected uncontested by them.
Am I missing something really obvious here? Ownership of a fence along or just inside a boundary line does belong to the person who erected it doesn't it? And correspondingly the next door neighbour cannot decide to paint the fence in a colour of their choice. Thoughts welcome.
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Comments
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In your shoes, I would be writing to the planning authority saying pretty much what you have said here and then back off completely and leave them to deal with it.
Don't get involved in discussion. Don't whip yourself into a frenzy of anxiety about something that may never happen but at the same time, you might want to check whether you have legal cover on your house insurance and if so, a quick call to them might turn out to be reassuring for you.
As a very last resort, the railings are yours to remove (for renovation!) if you so chose.
Good luck.
PS. A boundary dispute costs a great deal of money to instigate and pursue so if they are so childish and stupid as to instigate one.....!0 -
Def make an appointment with local planning authority and air your concerns, should make you feel better. You can also take some photos of the railis both sides if possible discreetly. You can, if it makes you feel better, put in a discreet CCTV cam to cover your property in case they enter it.0
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Ownership of a fence along or just inside a boundary line does belong to the person who erected it doesn't it?
yes.
do you have any idea why they don't understand this point?
you might also want to post on gardenlaw forums which deals with this sort of issue.0 -
"Ownership of a fence along or just inside a boundary line does belong to the person who erected it doesn't it? "
Get an extra pot of paint and suggest that you will paint their car the same colour ?0 -
princeofpounds wrote: »yes.
do you have any idea why they don't understand this point?
you might also want to post on gardenlaw forums which deals with this sort of issue.
I think they do understand it, but think if they keep shouting at us and bullying us we will just give in, which is wearing to say the least. I just wanted to double check that there wasn't some issue I had overlooked which might mean they did have some sort of case, even though I don't think they do.0 -
If you feel threatened or intimidated then speak to your local PCSO. The fact they are making threats means they know they can't legally do it and would have done it anyway by now. I would just ignore them but make the council aware. I would def get CCTV in.0
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No to be clear, it is just a barrage of emails, but it feels like they are shouting at us because they are unrelenting, unwilling to consider any kind of compromise, and the tone of the emails are quite hysterical at times. There has been no verbal or physical intimidation of any kind.0
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Set a rule that send their emails straight to the deleted items folder."If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair0
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Just move them all to a folder but don't reply to them. If you wanted to make a point I'd go and give the railings a fresh coat of black paint!0
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