UPDATE neighbour has removed my fence, what can i do?

Davesnave

On the face of it, this looks like what's called a Party Fence Wall and he should have given one month's notice of the work. The neighbour may deny that it is, of course.

You can, I'm sure, Google the term, as it's a bit complex, but as you've discovered, you're on a hiding to nothing with building control as it's in a private garden.

Beware of trying to extrapolate where the boundary lies from title plans a these are rarely accurate enough. There may be better evidence on the ground for that. The wall is allowed to have footings on your land if it is a party fence wall, but then if it is, you have more say about it.

Also, take plenty of photos as work progresses, in case of insurance problems later.

moneyistooshorttomention

Re post 10 -

the bit re the third possible cause of a wall being deemed to be a "party wall" (ie "a wall that is on one owner's land......to separate their buildings") uses the word "buildings", rather than the word "property".

"Property" would obviously logically include land (as well as the buildings themselves). The use of the word "buildings" I would take to mean exactly that (ie the houses themselves - and not the land they are situate on).

Hence that third possible cause for citing it as a party wall falls.

I wouldn't say either of the first two apply either (as the wording is "stands on the land of TWO or more owners"). From what OP says - the wall will stand on the land of one owner (ie himself).

EDIT; Definitely agree with Daves suggestion of taking plenty of photos. My sympathies are certainly with OP on this one and his description of standard of work to date is not reassuring.

System

When you say that you own the fence, did you actually pay for it or are you basing your premise on the fact that your deeds say that you are responsible for that boundary?

The fact that you are responsible for the boundary does not necessarily mean that you own the physical fence unless you actually built it, can prove that it was built by the owner of your house or that it is definitely on your land

moneyistooshorttomention

!!!!!! wrote: »

When you say that you own the fence, did you actually pay for it or are you basing your premise on the fact that your deeds say that you are responsible for that boundary?

The fact that you are responsible for the boundary does not necessarily mean that you own the physical fence unless you actually built it, can prove that it was built by the owner of your house or that it is definitely on your land

I think there may not be a difference in law.

If we assume, for the sake of argument, that the boundary responsibility/land belongs to this neighbour - then I think the legal position would be that the neighbour has come to own the fence (ie because of it being situate on his land). I think the law is that people get to own anything that is on their land - even if it isn't theirs iyswim.

I am assuming that the land that OP's fence is on belongs to OP and hence the fence was theirs before they erected it and is still theirs now (ie courtesy of being on their own land).

Silver-Surfer_2

moneyistooshorttomention wrote: »

I think there may not be a difference in law.

If we assume, for the sake of argument, that the boundary responsibility/land belongs to this neighbour - then I think the legal position would be that the neighbour has come to own the fence (ie because of it being situate on his land). I think the law is that people get to own anything that is on their land - even if it isn't theirs iyswim.

I am assuming that the land that OP's fence is on belongs to OP and hence the fence was theirs before they erected it and is still theirs now (ie courtesy of being on their own land).

Good point, however the fence belongs to the person who bought it. Unless it's the op then they're going to struggle to prove its theirs unless a previous occupant left receipts for it. They are responsible for maintaining the boundary but where exactly is it? It may be almost impossible to prove the neighbour or a previous occupant of st address didn't put the fence on their land.

stator

moneyistooshorttomention wrote: »

Re post 10 -

the bit re the third possible cause of a wall being deemed to be a "party wall" (ie "a wall that is on one owner's land......to separate their buildings") uses the word "buildings", rather than the word "property".

"Property" would obviously logically include land (as well as the buildings themselves). The use of the word "buildings" I would take to mean exactly that (ie the houses themselves - and not the land they are situate on).

Hence that third possible cause for citing it as a party wall falls.

I wouldn't say either of the first two apply either (as the wording is "stands on the land of TWO or more owners"). From what OP says - the wall will stand on the land of one owner (ie himself).

EDIT; Definitely agree with Daves suggestion of taking plenty of photos. My sympathies are certainly with OP on this one and his description of standard of work to date is not reassuring.

I don't think the third test is relevant since it's a garden wall on the boundary it clearly meets the second test.


So in summary the OP can get an injunction against the person building the wall because they failed to serve a party wall notice.

phil24_7

Can the OP post some photos, preferable before and after, so we can see if we can see if there is a clearly defined boundary? It may help decide the way forward.

missprice

Will try to answer every question.

Yes can put a few pics up later, have to transfer from phone and actual photos.

I am not arguing the boundary or where the wall is sited, he could even take several inches of my land and I wouldn't care.

An injunction to stop it seems good But who do I go to and how long will it take? Bearing in mind they plan to have this wall built by next Monday.

The fence was mine, it was put up by previous owner, its a bit of a red herring, although I am furious about the way he has gone about this whole thing, the fence has gone now to great fence heaven, and all my words won't bring it back, so a wall it will be, I just want a safe wall, that won't fall down next time it rains.

If this wall to be had footings, was going to be built properly and they had shored up the other garden in the first place, I would have been left fuming about the fence, but OK with the wall to be.

This neighbour relationship is over, party wall surveyor is a great idea, do I just call one and tell them and get them to come out? How do I get neighbour to pay?
How soon do they turn up?

If I have missed a question, sorry just let me know

moneyistooshorttomention

Don't quote me on that - but I believe there are emergency injunctions (fingers crossed for you on that).

Re surveyor - RICS do have a service whereby one can talk to one on the phone for free for a certain length of time as I recall. I don't remember the number but it must be possible to google it.

Personally - I found them pretty helpful in an issue I had with a neighbour.

moneyistooshorttomention

I guess you've googled for the technical info. as to how deep the foundations of a wall should be? Would be useful to do so if not...