Neighbour's wall in our garden

paddy's_mum

Your thought that the boundary is a straight line may not necessarily be so. Boundaries can move over time especially when previous owners don't worry or protest over an encroachment. That encroachment can subsequently become the 'lawful boundary' as it were.

John Anstey's Boundary Disputes might be a worthwhile read for you in understanding the why's and wherefore's and how to come unscathed out of a difficult position.

PS You might find the Garden Law forum useful.

penguine

A few more details as I was able to get a closer look at the wall over the weekend. There was a large shed in front of it on our side which we have now removed.

There is a portion of old brick wall with large sheets of glass in it. This is the remnants of an old greenhouse which I thought the neighbour had told my husband was on their property, but I misunderstood this and from examining it more closely it seems clear it was actually on our side.

The neighbours have extended this wall by having breeze blocks put on top and behind it, so it's slightly higher and about twice as long as the old section of brick wall on its own. The construction is very poor and some of the breeze blocks at the bottom actually protrude over into our garden.

Because of all the plants and mismatched fencing/brick flower beds along the boundary, it's hard to tell exactly where the boundary line is. But this wall appears to be either on the boundary line itself, or slightly over on our side.

The gap between this wall and our neighbours' outbuilding is quite obviously on their side, and we have no intention of encroaching on it or preventing them from using it to store garden tools.

We just want to remove the wall, which is badly cracked in a number of places, and may fall over at some point in the future causing damage to our garden studio or their outbuilding.

Are we within our rights to remove it without their permission? We would inform them that we're doing so, offer them the bricks and ask them to temporarily move their garden tools to avoid them getting damaged.

We just want to be sure we know that we're in the right before saying any of this to them.

Hoploz

Have you actually checked the deeds, to see whether the red line runs straight or not?

I assume it shows this side is your responsibility?

getmore4less

I think what you are saying is that SOME of the eall protrudes into your garden not all of it.

That implies the boundary goes through the wall if not it's full lenght at least part of it.

penguine

Our neighbours have told us that we are responsible for this boundary, and I don't think the actual line of the boundary is in dispute. We've spoken to them and said that if the very thick wall is removed, they're actually going to have more space to store garden tools in this gap than they currently have.

I think the crucial question is, if we're responsible for the boundary, and the neighbours have built a wall on part of the boundary (a wall which is in fact on top of a wall that belongs to us, because it was built by the previous owners of our property) whether we're within our legal rights to remove the entire wall.

I have spoken to the woman next door today and she's very amenable and co-operative. I explained that we don't intend to encroach on the space where they're storing their garden equipment, which is very clearly on their own property, and that we will get them a new piece of corrugated plastic to roof over the top of the gap. Her husband is the one who's objected to the wall being removed and may drag his heels. If he continues to refuse to move his garden equipment so that the wall can be removed, I just want to be sure I know we're in the right legally so that I can explain this which may be enough to convince them.

LadyDee

What really needs to be addressed are the possibly expensive problems that could arise in the event that either of you decide to sell your respective properties. You really must get the question of the boundary and the upkeep of same incorporated into the deeds of both your properties.

penguine

I just phoned the neighbour again. She has spoken to her husband and he has now agreed to let us remove the wall, so the problem seems to be resolved.

Thanks to all those who responded.

Gloomendoom

You're lucky they didn't bring up the Party Wall Act.

getmore4less

penguine wrote: »

I just phoned the neighbour again. She has spoken to her husband and he has now agreed to let us remove the wall, so the problem seems to be resolved.

Thanks to all those who responded.

Now you have the problem of how you replace the covering so that it does not protrude onto/over you property if it drains towards your property that is an added complication.

if you are going to have 2 buildings close to this new boundary with storage on one side and maybe yours don't go cheap 100mm wood posts min or even consider concrete you don't want to be messing with this in a few years having used cheap posts and panels.

Hoploz

Yes my mum had the neighbour using an area behind his shed to chuck things and over time the fence got bent and eventually broke and looked a right state!

But that's good, I'm pleased you've got the problem resolved without it getting nasty, that is great news!

Another one which can be chalked up to the 'tea and cake' approach, even if it didn't get to the point of actual tea and cake being required in this instance!