Neighbour's wall in our garden

penguine

The fence which we are responsible for on one side of our garden is an odd jumble of brick built walls and trellises put up by the previous owner over a number of years. At the very bottom of the garden, next to the boundary but clearly on our side of the garden, is a poorly built length of wall, about 6 feet high and 12 feet wide, with a large piece of glass in the middle of it fitted in a way which our surveyor noted as dangerous when we were buying the house a few years ago. It looks like the remnant of an old outbuilding that was just left standing when the rest of the building was demolished.

On the neighbour's side there is a gap between this wall and the side of a building they have put up at the bottom of their garden. They use this gap to store garden equipment and have put a bit of plastic roofing on top.

We are clearing our garden to have a garden studio installed, and will eventually be replacing the entire fence. I spoke to the neighbours a few days ago to explain what would be happening and that we were planning to take down this brick wall, both because the glass section is unsafe and because we plan to put up new fencing the entire length of the garden. They didn't object to this, but when the workmen showed up this morning the neighbour insisted we couldn't take down this wall because it's theirs. This is despite the fact that we are responsible for the fence along this boundary (and he agrees that we are) and the wall is actually not on the boundary but in our garden.

We don't want to get into a dispute with the neighbours so we've agreed to remove the glass but leave the wall where it is. It looks ugly, but probably won't get in the way of installing our garden studio. The thing that worries me is whether our neighbours are going to have adverse possession rights to this section of our garden (though it's only about 12ft long by 1ft wide) if we leave the wall in place?

elsien

What proof do they have that it is theirs?

penguine

elsien wrote: »

What proof do they have that it is theirs?

They say it's theirs but I don't know if they have any proof.

There is another issue. The wall is badly built and leans to one side. If it falls over and causes damage either to our garden studio or their outbuilding, how will we demonstrate that they're responsible if it's on our side of the boundary line?

TonyMMM

You need to establish the basis for their claim.. either:

1) That they acknowledge the wall is on your land, but are claiming that somehow they were given permission for it to be there; or

2) That the boundary is in the wrong place and the wall is on their land, or is the actual boundary.

3 )they are claiming adverse possession of a piece of your land

Must be one of them

Hoploz

Oh dear I predict high winds and a gentle shove overnight!!

If it is built within your garden you could continue your fence along the line and the wall will be your side of it?!

Tbh I'd leave it alone for the sake of keeping on good terms, but if you really feel you can prove it is within your garden I can't see how they coud prove otherwise. You could try own loading the deeds of both houses and see if the old outbuilding was drawn on? Or old maps or aerial photos? When was this outbuilding supposed to be there, was it already gone when they moved in? Perhaps it was actually not theirs but it was a wall of an outbuilding of yours?

Is it really, genuinely, worth a fight?

mishkanorman

They dont own it, you do. You dont want it there any more so remove it, if they miss it dearly they can always build their own on their own property !

As nice as it is to get along with neighbours they're being pretty unreasonable here imho, they've taken advantage of the situation and benefited so far but that shouldn't continue at your expense.

Stand firm, of course they wont like it but tough, unless you want to sell them the wall ? move the boundary ?

rach_k

If the wall is definitely in your garden and the neighbour doesn't have a real argument to dispute this, I would tell them that the wall is unsafe and on your property so you will be taking it down, but that if they wish to salvage the bricks and use them to rebuild the wall properly in their own garden, they are welcome to do so. Give them a date for when it will be coming down and ask whether they want your workmen to pile the bricks in their garden or take them away.

unforeseen

If you think that wall is the remnants of a shed/outhouse then which side faces you? If the outside then that appears to indicates that it is theirs and sits on the boundary

penguine

I have a bit more information. Apparently they originally had a conservatory in their garden and this wall is all that's left of it. However it is definitely on our side of the boundary as it's not in line with the rest of the fence, or the dividing line between their rear extension and ours (we are adjoining neighbours.

As I said we don't wish to get into a dispute with them and have agreed to leave the wall where it is, except for the glass which is our workmen are removing. But if the wall falls over and damages their outbuilding or ours and it's on our side of the boundary, I'm worried they may claim that it's not their responsibility. And are we granting them adverse possession by letting them keep it there?

Chanes

penguine wrote: »

I have a bit more information. Apparently they originally had a conservatory in their garden and this wall is all that's left of it. However it is definitely on our side of the boundary as it's not in line with the rest of the fence, or the dividing line between their rear extension and ours (we are adjoining neighbours.

As I said we don't wish to get into a dispute with them and have agreed to leave the wall where it is, except for the glass which is our workmen are removing. But if the wall falls over and damages their outbuilding or ours and it's on our side of the boundary, I'm worried they may claim that it's not their responsibility. And are we granting them adverse possession by letting them keep it there?

You are asking questions that need an informed solicitors opinion? If you get on with your neighbour knock on their door and talk to them about the wall and your concerns regarding potential collapse and liability. Your instinct about neighbour disputes and keeping the peace is a good one, you've seen and read how boundary issues can spiral into a truly ridiculous nightmare! I'm sure tea and a sit down could work!

penguine

Chanes wrote: »

You are asking questions that need an informed solicitors opinion? If you get on with your neighbour knock on their door and talk to them about the wall and your concerns regarding potential collapse and liability. Your instinct about neighbour disputes and keeping the peace is a good one, you've seen and read how boundary issues can spiral into a truly ridiculous nightmare! I'm sure tea and a sit down could work!

Thanks. We have always got on well with them so this came as a bit of a surprise really, especially as the wall is in such poor condition and the rest of their house and garden are immaculately kept. We honestly didn't think it was theirs and are a bit taken aback to find them so attached to it!

I will try to approach them again from the liability angle. If they insist on leaving the wall there then I think we may need to get our solicitors to send them a letter explaining that out of goodwill we are allowing them to leave the wall on our land on the understanding that they will be responsible for any damage it causes if it falls over.

You'd think they would see the sense of removing a potentially dangerous wall! Especially we're the ones paying to have it taken out...