Neighbours want to build conservatory and temp remove my fence

bert38

Hi
I own a detached house with a rear garden divided from the neighbouring property by a wooden panel fence.

My deeds show a 'T' from the dividing fence facing inwards into my garden-I therefore understand that the fence is mine?

Earlier in the year the neighbours asked if they could take down the fence as they were planning to build a conservatory and wanted the wall to form the boundary. I am unsure if they know who the fence belongs to. Not wishing to have a brick wall in my back garden I said no.

Now work has begun on the conservatory they are asking if they can temporarily take down the fence to allow the builders to point the brick work as they will be building the wall within inches of the fence-which would be put back.

I have a number of issues with this: My current relationship with my neighbours is reasonably amicable and friendly.

1) Would my fence be put back correctly and in the right position.
2) If its mine, how do I maintain it if the conservatory wall is erected within inches of it
3) Any guttering etc would likely over hang my property
4) The rear of my property would be insecure whilst it is built and I would have builders in my back garden making a mess
5) I have no doubt the builders would use my side access into my garden to build the wall
6) I have no doubt if they believed that they owned the fence it would already be down

Clearly my neighbours want to maximise the size of their conservatory. I am not happy with people being in my garden whilst I am at work. I really want to say no-build it away from my fence and leave me enough room to maintain it-but I really would rather not fall out with them.

Your help and advice would be welcomed,

bert

G_M

Amicable resolution is always the best solution, so a friendly chat over tea (with cake).

However following this, draw up an agreement (a surveyor could help with this - suggest the neighbour pays your surveyor's costs) specifying what they can/can't do.

It could cover all the issues above, as well as specifying that the neighbour would pay for any damage caused.

The Party Wall Act might apply - take a look.

Ultimately they can build what they want on their own land - subject to Planning law - have you checked if it falls within 'Permitted development'? (probobly does).

The Access to neighbouring property Act also applies.

http://www.problemneighbours.co.uk/rights-under-access-to-neighbouring-land-act.html

GwylimT

When we built one a few years ago there is no way we would have been allowed to have our property over the border (guttering), so I would personally look into that.

scaredlady

just a quick thought , you say about maintaining the fence. You would only be able to do that your side of the fence surely. So does it matter how close to the fence they build. You will not be going into their garden to do anything with it, will you?

bert38

scaredlady wrote: »

just a quick thought , you say about maintaining the fence. You would only be able to do that your side of the fence surely. So does it matter how close to the fence they build. You will not be going into their garden to do anything with it, will you?

I believe reading the Access Neighbouring Property Act-thats where that would come into it. Reads as though if you cannot agree there is legal recourse should you need to repair/maintain etc.

However, unless they take down part of my fence they cannot physically build it right up to it-because they wouldn't have sufficient room.

prosaver

i thought the building regs says you have to get permission if the building is a few meter near to your land?
(shade and all that)

Mojisola

bert38 wrote: »

However, unless they take down part of my fence they cannot physically build it right up to it-because they wouldn't have sufficient room.

Get them to pay for a new fence for you - concrete posts with slide-in panels so that you can remove them to treat both sides and they can maintain their wall (after agreeing a suitable time with you).

Of course, they shouldn't be putting their guttering over the fence line. All of their building should be on their land.

moneyistooshorttomention

I had read somewhere before that pointing on a new bit of brickwork can be done in a way that doesn't necessitate going onto someone else's land (think its called doing it "overhanded"???). That being so - I would be suspicious about why they wanted to come into my garden and remove my fence and would be wondering if it might "shift" a bit when it was put back up again and wouldn't be inclined to allow it.

So - bar them agreeing to Mojisola's suggestion of them paying for a new fence for you (of the slide-in panel type) so that you can maintain it AND you being there in person to ensure it goes back in the EXACT same place the current one is, then I don't think I would be agreeing to it personally.

I have to say there is a very good chance that, if workmen are allowed in your garden, then they would end up causing damage to the garden.

SailorSam

bert38 wrote: »

Hi
I really want to say no-build it away from my fence and leave me enough room to maintain it-but I really would rather not fall out with them.

Your help and advice would be welcomed,

bert

When you say you want it to be built far enough away from the fence to allow enough room to maintain it.
How were you intending to maintain it ? Surely not by going into your neighbours garden.

moneyistooshorttomention

SailorSam wrote: »

When you say you want it to be built far enough away from the fence to allow enough room to maintain it.
How were you intending to maintain it ? Surely not by going into your neighbours garden.

....which is a valid point. That being - you would be being intrusive in their garden if you had to go into it to maintain it. Another reason for adopting Mojisola's suggestion - or not agreeing to this at all.

I can have sympathies with the neighbours the other side of your fence re maintenance - as my neighbour obviously used to just take it that they could come and go as they pleased in my garden to maintain their fence:eek: (which is fine if the neighbour is reasonable and you have a "tit for tat" arrangement of helping each other out - as I have with one neighbour here). Its not on if the neighbour concerned is an NFH (as the fence one is).

BrassicWoman

Starting to think G_M has shares in Mr Kipling