Boundary wall

Sarja

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Hi can anyone advice me, my neighbor has built an extention a few inches off our boundary line, the initial plan was that they would render it and it would form a wall on our patio with a fence from the corner separating our gardens which I was more than happy with, they have now informed me that they want a fence putting up tight against there extention to preserve the boundary line! This will make our patio area look awful, do I have to agree with this?

Aylesbury_Duck

Sarja wrote: »

“
Hi can anyone advice me, my neighbor has built an extention a few inches off our boundary line, the initial plan was that they would render it and it would form a wall on our patio with a fence from the corner separating our gardens which I was more than happy with, they have now informed me that they want a fence putting up tight against there extention to preserve the boundary line! This will make our patio area look awful, do I have to agree with this?

No, you can object but they can do it anyway. Their land, their choice as to how they use it and what they erect on it. I think they're being sensible. You or a future occupant of your house might otherwise assume ownership of that narrow strip of land, use it for something of your own or be tempted to attach things to their extension wall. Marking the actual boundary with a fence pretty much stops any of that.

Sarja

They would have to access our garden to put the fence up though?

Aylesbury_Duck

You have to be reasonable and allow them access to do that, as you will have to if at some point in future they need to maintain their extension wall. If you start playing the awkward neighbour it won't end well and any dispute will have to be declared should you ever wish to sell your house.

Davesnave

Sarja wrote: »

They would have to access our garden to put the fence up though?

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It's usually better to accommodate small favours for neighbours, even if you're not the best of friends.

Don't forget, you can put whatever you like in front of the fence to hide it if you wish. The neighbour obviously wants to prevent you or a future owner of your house from attaching things to their wall or building onto it. A shame, perhaps, but it's their choice.

It would have been better if the neighbour had built to the boundary, so you could have built off it too, if you wished, but the time for that conversation has passed.

Sarja

The problem is we have laid a beautiful Indian stone patio on the understanding that the fence would not be put back up, if it does go back up the fence poles would have to be cut into our flags, I!!!8217;m just annoyed that they have suddenly changed their plans on the advice of their builder as we have previously had a really good relationship with them, nights out, house parties ect and it has soured this now. Also if a fence was put up tight against their extention how would they maintain the wall anyway?

Aylesbury_Duck

Sarja wrote: »

The problem is we have laid a beautiful Indian stone patio on the understanding that the fence would not be put back up, if it does go back up the fence poles would have to be cut into our flags, I!!!8217;m just annoyed that they have suddenly changed their plans on the advice of their builder as we have previously had a really good relationship with them, nights out, house parties ect and it has soured this now. Also if a fence was put up tight against their extention how would they maintain the wall anyway?

If they want to maintain/paint/render their wall in the future, they will simply request access (which you cannot unreasonably withhold), temporarily remove the fence, do the work and replace the fence. It's quite simple and not grounds for you to object to the fence.

Unfortunately, if I have understood you correctly, you have laid your patio partly on their land, something you had no right to do. It is you/your patio layer that has been unreasonable, not their builder. I'm sorry to say that you are the direct cause of the potential problem here. Your neighbour has done nothing wrong in erecting an extension on their land and wanting to erect a fence on the boundary.

Sarja

The patio laid is on our side of the boundary, with a 2 inch gap up to their extention, however the fence post would have to be dug out on our patio.

Grenage

Sarja wrote: »

The problem is we have laid a beautiful Indian stone patio on the understanding that the fence would not be put back up, if it does go back up the fence poles would have to be cut into our flags,

Surely that means that your patio slabs are on their land; which may have caused their change of mind.

Aylesbury_Duck

If you are sure of that, then that does change things. The fence itself would sit on the boundary, but your neighbour should place the posts inside the boundary on their side. In practice, if the gap is only two inches, they would probably attach the fence directly to their extension wall rather than sinking posts into the ground. They cannot sink posts into your land without your permission.

Is the boundary line absolutely clear, e.g. does it follow the wall of the original property?

Sarja

Yes the patio is definitely within our boundary I checked the deeds late last night! So if they insist on a fence and can!!!8217;t put fence poles in on boundary line due to the extention being in the way they would have to attach fence to the extention is that what your saying?