Wall between seperating footpath

Ozzuk

davholla wrote: »

It is still in construction, so don't know yet.

they will have marked the route ready for making holes - are they all on the neighbours side?

jbainbridge

Has your neighbour given any reason for building the wall?

Have you told the builder/neighbour you do not want any part of the wall on your property? If they are building it ... now is the best time to do so!

davholla

Ozzuk wrote: »

they will have marked the route ready for making holes - are they all on the neighbours side?

Yes so far.

davholla

jbainbridge wrote: »

Has your neighbour given any reason for building the wall?

Have you told the builder/neighbour you do not want any part of the wall on your property? If they are building it ... now is the best time to do so!

1) Security
2) The problem is that I will find it very very difficult (or impossible) to get anything big out of my front door.
For wheelchair users they would need to be picked out of the chair and carried into the house. Or I (or future owners) would need to change the front windows and put a ramp in there, which would be tricky.
3) Any potential purchasers in future could be deterred.

G_M

Why have you not been out and spoken to the workmen?

* how tall is the fence you are putting up?
* where exactly is it going?
* you do realise you cannot put it, or the fenceposts, or any foundations, on my side of the path, which starts here?

Yes, they can go onto your land to do the work. see the Access to Neighbouring Land Act 1992

but they need an access order.

moneyistooshorttomention

davholla wrote: »

I don't mind people having security, the problem is that this will make it a pain carrying shopping and if we ever move, we will either a) have to put in a french window in the front window, cut down a tree to get any furniture out
b) dismantle everything.
Also if we ever want to sell, it will make it harder to sell to people who have small children, friends in wheel chairs and possibly reduce the price.
Hopefully they will want to move and sell to someone more reasonable before we do (they might have to knock the wall down, if they want to get stuff out of their house).

They may be already planning a French window in the front of their house for all we know - and, with that, they'd have no access problems themselves.

Re disabled visitors - presumably there is one (or more) steps up to the front door anyway? That being the case - I don't see the difference between 1 (or more) steps up to a front door on the one hand OR one step up to a french window on the other hand. Either way - there is a step to negotiate. Either way - a mini-ramp could be placed there to cover the step. I believe there are cheap temporary put them on/take them off ramps one can buy anyway if only occasional wheelchair access is required.

Also I'm thinking back to anyone I've encountered in a wheelchair to date was able to manage to negotiate a couple of feet distance incorporating a step. They just couldnt manage to "walk"/walk for longer distances - so I'm guessing a fair number of wheelchair users could manage that if need be?

davholla

moneyistooshorttomention wrote: »

Re disabled visitors - presumably there is one (or more) steps up to the front door anyway? That being the case - I don't see the difference between 1 (or more) steps up to a front door on the one hand OR one step up to a french window on the other hand. Either way - there is a step to negotiate. Either way - a mini-ramp could be placed there to cover the step. I believe there are cheap temporary put them on/take them off ramps one can buy anyway if only occasional wheelchair access is required.

Also I'm thinking back to anyone I've encountered in a wheelchair to date was able to manage to negotiate a couple of feet distance incorporating a step. They just couldnt manage to "walk"/walk for longer distances - so I'm guessing a fair number of wheelchair users could manage that if need be?

My current windows in the front room do not come down to ground level, so wouldn't replacing them with French Windows be quite expensive?

Davesnave

G_M wrote: »

Yes, they can go onto your land to do the work. see the Access to Neighbouring Land Act 1992

but they need an access order.

With respect, I think this would be a very large sledgehammer for a small nut.

Also, I'm not sure that it applies, as the wall is a new build, not covered by the Act

G_M

Davesnave wrote: »

With respect, I think this would be a very large sledgehammer for a small nut.

Also, I'm not sure that it applies, as the wall is a new build, not covered by the Act

I was responding to earlier posts which suggested the neighbour could not trespass on OP's land, by clarifying the law in this area.

Like you, I agree it's a sledge-hammer and the obvious tea & cake approach, or just a freindly chat with the workman, is much more sensible.

Good point about the new build. Not sure if it might fall under S5 (doubtful):

(5)If the court considers it fair and reasonable in all the circumstances of the case, works may be regarded for the purposes of this Act as being reasonably necessary for the preservation of any land (or, for the purposes of subsection (4) above, as being basic preservation works which it is reasonably necessary to carry out to any land) notwithstanding that the works incidentally involve—

(a)the making of some alteration, adjustment or improvement to the land, or
(b) ........

moneyistooshorttomention

G_M wrote: »

Why have you not been out and spoken to the workmen?

* how tall is the fence you are putting up?
* where exactly is it going?
* you do realise you cannot put it, or the fenceposts, or any foundations, on my side of the path, which starts here?

Yes, they can go onto your land to do the work. see the Access to Neighbouring Land Act 1992

but they need an access order.

I think we're all thinking of this Act - but, as I read it, access can only be granted against a householders will for "necessary maintenance". A new wall is not "necessary maintenance". It's alterations?/improvements?

It has been my reading, on the other hand, that neighbours are allowed to put the footings of their wall underneath the next door neighbours garden. To me - that seems all wrong - but I presume it's to do with the legal presumption that people will "fence (or, in this case, put up a wall) to the maximum extent of their land". If they had to put their footings underneath their land (as is logical) - then they would lose that few inches of their land - as it would be the neighbours side of their wall. Hence - I'm guessing that's why the law allows someone else's wall footings on your land? (ie so that they keep all their land).