Detached new build exterior wall issue?

Jono111

I owned one like that for years. Never needed to maintain the side and had no real problems with the arrangement.
I don't view it as fully detached though as the neighbours can do anything to the wall, we had a few occasions where items that had been left against the wall made loud noises inside our house when it was windy outside, it can take some time to figure out what is happening.

It looks like the fence posts are on your side of the boundary up against the boundary line and it will probably be your fence.

ProDave

You should have a right of access for maintenance. But you cannot fix a dish or aerial to that wall otherwise it would be trespassing on the neighbours land.

There should be a clause to allow the eaves to overhang over the neighbours land.

franklee

I would also want to know who owns the fence.

It's traditional that the fence owner has the supports and cross bars etc. on their side and the non-owner has the pretty side. Of course that's not legally binding but could cause confusion if it's your fence with the workings on the neighbours side. I would guess it's your fence as your gravel goes underneath it?

If it is your fence presumably you are free to remove it ...


Are there any T's on the plan or your neighbour's plan?

Doozergirl

franklee wrote: »

I would also want to know who owns the fence.

It's traditional that the fence owner has the supports and cross bars etc. on their side and the non-owner has the pretty side. Of course that's not legally binding but could cause confusion if it's your fence with the workings on the neighbours side. I would guess it's your fence as your gravel goes underneath it?

If it is your fence presumably you are free to remove it ...


Are there any T's on the plan or your neighbour's plan?

Bearing in mind that boundaries have no width themselves, this is an obvious case of the fence belonging to the OP. The first post comes up to the boundary (their own wall) and the fence is entirely on their land. It appears set off but it's correct and someone's already mentioned it.

Traditional counts for nothing. That isn't a shared boundary and it's most sensible that it's clear that that fence belongs to the OP and no one else. No arguments over it in future.

It 'looks' like the OP has lost land, but actually, if we want to put things 'on'our boundaries, they should be 'against' it and on the right side of it, not down the middle. The developer will have almost certainly have done the same on the other side, so the OP loses nothing, not that I understand why people get quite so excited over 2 inches. It's only an issue if you make it one.

mrschaucer

Yes but as someone earlier said, the builders have managed to have the eaves of the house on/actually overhanging the neighbour's boundary, not "against" it, as you suggest, and have attached the neighbour's gate to the OP's house. I find it difficult to believe that sensible builders can't make a detached house fully "detached" and within its own boundaries so that problems like this wouldn't arise.

Doozergirl

mrschaucer wrote: »

Yes but as someone earlier said, the builders have managed to have the eaves of the house on/actually overhanging the neighbour's boundary, not "against" it, as you suggest, and have attached the neighbour's gate to the OP's house. I find it difficult to believe that sensible builders can't make a detached house fully "detached" and within its own boundaries so that problems like this wouldn't arise.

Sensible developers can, but one wouldn't make as much money cramming houses onto new Lego estates if they all had proper walkways down each side.

Are there eaves on that side? The OP certainly did not say. It could be a gable end, which doesn't have eaves.

If it were their own land, they'd still want a gate there for security, which would also be attached to their wall. What exactly is the 'problem' with a few screws for a gate that increases the OP's security? The OP hasn't raised a problem with that either.

The OP will be allowed over there to maintain their wall, not that it should need any maintenance in their lifetime at all.

There are plenty of places where a couple of inches make more difference than a building plot.

silvercar

Doozergirl wrote: »

There are plenty of places where a couple of inches make more difference than a building plot.

:rotfl::rotfl::rotfl:

mrschaucer

Doozergirl wrote: »

What exactly is the 'problem' with a few screws for a gate that increases the OP's security? The OP hasn't raised a problem with that either.

Ooooof, calm down! No problem at all for most of us. But I was merely expressing my opinion that things would be much simpler all round if developers didn't try to cram so many houses into such small spaces. As you said.

molerat

Typical cheapskate developers, they get another house on the road by chopping a couple of feet off each plot.

Jeden

Thanks for all the replies.

The eaves do hang onto next doors boundary from the look of it, however on reflection I really don’t think not having access to such a small section of our wall is any real concern and certainly won’t cause any problems with resale etc.

I will request the developers move the small bridging fence back to the rear of the houses as the neighbours house isn’t sold yet. If they refuse i’ll ask if it can be a gated door so we can access it should we need.

I do really appreciate all of the replies.