Neighbours want to build conservatory and temp remove my fence

bert38

jennifernil wrote: »

OP said the houses are detached, how come the neighbours' conservatory is so close to the boundary that that they want/need to remove his fence to build it?

There is a gap of just over a metre between properties. My fence and the boundary runs from the end of their house if that makes sense.

bert38

alchemist.1 wrote: »

Sounds like the fence isn't the issue but your neighbours building a conservatory.

Oh I get it-of course! So I come on here looking for some legal advice when I'm actually just jealous?! Ok.

Running_Horse

I would rather have agreed the original proposal with a neat brick wall border, rather than what will now be an awkward compromise with both sides potentially unable to maintain what is theirs. Especially as they were always going to build it anyway.

bert38

Running_Horse wrote: »

I would rather have agreed the original proposal with a neat brick wall border, rather than what will now be an awkward compromise with both sides potentially unable to maintain what is theirs. Especially as they were always going to build it anyway.

I get what you are saying but I did not want to be looking at a 8 foot brick wall in my back garden. At least the fence marks the edge of my property and hides some of the wall. Equally I wasn't happy with builders in my garden when the house is empty or I'm trying to sleep after nights-I don't think that's unreasonable.

But I agree I'm now back in that situation-end of the day I just don't want the grief.

Mojisola

bert38 wrote: »

without a formal agreement I'm not happy with my fence coming down especially if Im not in.

Why not have discussions and get a formal agreement - the neighbours should pay for the solicitor.

Mossfarr

I would definitely clarify the situation regarding the location of the gutters. If they originally intended to build their wall where the fence is currently located then their gutters would definitely have been overhanging. This is a definite no-no as any future maintenance would have to be done from your property - and what if the gutters leak or overflow into your garden?
My grandmothers neighbours built a fabulous conservatory at the back of their property and asked for permission to knock down and replace the existing garden wall using the new wall as the side of their conservatory. My Grandmother refused permission as the gutters would be on her side of the wall so encroaching on her property. So, the conservatory was built completely over on their side but as it was at a slightly higher level my Grandmothers garden has flooded really badly ever since.

slowpoke_rodriguez

It could be worse; they might build a two storey extension...

Norman_Castle

bert38 wrote: »

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.

There should be foundations in place for this wall. Ask them to show you exactly where the wall will be built. Depending on which way the roof slopes there may not be gutters on this wall. Ask them.
Ask if you can see the plans for this conservatory so you can understand what they intend to do.

Poppie68

Aren't gutters only a problem if they don't get maintained.... our conservatory has been in place for 10 years and we have never had an issue, I'm assuming due to regular upkeep?

Fence maintenance shouldn't be a problem for you as you only really have to maintain your side as far as painting etc, if they need repairs or replacement then their conservatory won't hamper you..

Draw an agreement up with the neighbours that any damage to your garden is rectified.
Ask to meet the builders and get a rapport going with them, they will be more inclined to be careful and considerate towards your garden and your need for sleep..
Move bedrooms for the duration if need be.

Davesnave

bert38 wrote: »

I get what you are saying but I did not want to be looking at a 8 foot brick wall in my back garden. At least the fence marks the edge of my property and hides some of the wall.

I'd far rather have a brick wall at the side of my garden than a fence which needs maintenance. As a gardener, I know that walls are an excellent surround for the plants I'd be growing directly in front. I certainly wouldn't be looking at just a plain wall.

Five years ago the 'builder' in a situation like this was a member of my family. The neighbour flatly refused to allow the 'offensive' wall to be built or rendered from their property. My relative went ahead anyway and, sure enough, the wall ended -up looking quite offensive! However, my relative couldn't see it.

Four years of not speaking later, the neighbour decided he'd been a silly Billy and actually asked for the wall to be rendered. This has now been done, very nicely, peace reigns and nobody is likely to mention the wall again.