Boundary wall

Doozergirl

Sarja wrote: »

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.

It's still your own fault, here. The boundary should marked some way and if it's a fence then it should either be
a) one fence shared down the centre of the boundary
b) their own fence on their own side
and/or
c) your own fence on your side.

Every single one of those options is going to need a footing to hold the fence up and the footing will cross both boundaries. You were going to have an issue any which way if you've butted your patio right up to the boundary. It wasn't a sensible move.

That said, it's no issue at all to raise some slabs, cut them and put them back, so you're creating a mountain from a mole hill.

It's stupid that this is going to ruin a good relationship. You're choosing some inconvenience to your patio over a friendship? I'd have a re-think and send a bottle of wine over the boundary.

Davesnave

Sarja wrote: »

they would have to attach fence to the extention is that what your saying?

That's exactly what's being said, but your deeds won't show the boundary to a few inches!


You are better using features on the house/in the garden to jointly decide where the boundary is.

Doozergirl

Aylesbury_Duck wrote: »

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?

This is where people's protectionism of their own boundaries gets silly. No one can mark a boundary without a concrete footing which is considerably wider than a fence. The fence has a depth and if people were being completely fair to each other, they would share the depth of the fence.

But people start get silly over the last couple of inches. It may well be that one can't sink fence posts into other people's land without permission but then it's unfair on the side erecting the fence to insits that it's all on their land as they'd end up with four inches or so of their own land above ground over the neighbour's side of the fence just so said neighbour can have every square centimetre of their land covered by indian sandstone before the fence goes in. There has to be some element of give and take on the boundary.

None of this is actually worth spending any time over.

Davesnave said it earlier. The exension wall should really be a continuation of the party wall that currently divides the two properties. No one's arguing about who owns the space in the middle of that wall.

Whoever extends the OP's house in future would have the benefit of using that wall as their own and therefore gaining a bigger extension with more practical side walls. As it is, people get narky about 'their land' and end up cutting their (or a future owner's) nose to spite the face.

There's a reason why party walls and the Party Wall Act exist and it's common sense. Separate boundaries don't follow common sense.

Sarja

Yes I!!!8217;d be more than happy for it to be a party wall! Anyway I!!!8217;ll just see what happens, thanks for all your advice, hopefully it!!!8217;ll settle with both parties happy !!!55358;!!!56606;

Sarja

Just another thought, as the soffits at the top of the extention are actually directly on the boundary line is this actually a party wall, please nobody shoot me lol!

Furts

Sarja wrote: »

Yes I!!!8217;d be more than happy for it to be a party wall! Anyway I!!!8217;ll just see what happens, thanks for all your advice, hopefully it!!!8217;ll settle with both parties happy !!!55358;!!!56606;

When you ponder all the replies, then also ponder your role in all this.


You say there was a wonderful friendship, and this would have meant communicating with each other. Something has gone wrong here. Nobody builds a new patio up against incomplete and ongoing building works. You should have been discussing your intentions with your neighbour. You should have been asking for a building completion date, a slot for snagging, a sign off and receipt of their Completion Certificate. When this had happened then it is a logical time to start your patio.

Had to followed this everyday approach then no issues would have arisen. Why? Because you would not have started your patio until after the fence was erected.

Instead you have either not discussed this, or jumped the gun with impatience, or just selfishly said I am going to do the patio regardless of my neighbours.

All round it does sound like you have been unwise - and that is wording matters kindly.

Sarja

Yeah we did discuss with neighbors about the patio before laying it and it was agreed that there wasn!!!8217;t going to be a fence put up, like I say they have since changed their minds about this, we would never have just laid the patio without this discussion, nothing was out in writing as we have a really good relationship with them as nothing was put in writing about their neighbors builders accessing our garden and another part of the fence being left down for days meaning our dog couldn!!!8217;t go out in the garden, we have been more than accommodating even given our neighbours spare beading to use on their extention!

Ant555

Furts wrote: »

...Nobody builds a new patio up against incomplete and ongoing building works.
You should have been discussing your intentions with your neighbour.
You should have been asking for a building completion date, a slot for snagging, a sign off and receipt of their Completion Certificate.

...Because you would not have started your patio until after the fence was erected.

... or just selfishly said I am going to do the patio regardless of my neighbours.
... you have been unwise - and that is wording matters kindly.

OP says new patio is on their side of the boundary and inches from neighbours wall!
Assuming it IS on the correct side of the boundary then why do you think that is...
a) is any reason to ask neighbour for permission to work on own garden?
b) being selfish?

Neighbour can put a fence on their own land but if 2 inches is not enough then that's their fault for not building the wall further on their own side.

Furts

Ant555 wrote: »

OP says new patio is on their side of the boundary and inches from neighbours wall!
Assuming it IS on the correct side of the boundary then why do you think that is...
a) is any reason to ask neighbour for permission to work on own garden?
b) being selfish?

Neighbour can put a fence on their own land but if 2 inches is not enough then that's their fault for not building the wall further on their own side.

Pragmatic and common sense here. Nobody puts a new patio up against, or two inches away, from incomplete building work. What if mortar splashes. or the gutter is not fixed, or tiles come off, or a multitude of scenarios. It is called common sense and being proactive.

Sarja

It was a decision to do all work st the same time by us and our neighbors so distruption all done at one for both parties actually!!