Boundary issue

jemmacrowther

Hello

I am looking for any information which may help until we find a solicitor who can specialise.

We bought a new build property last year, after various issues with our fence/gate, it came to light that the boundary wall has been built in the wrong place (our land rather than our neighbours)

The pathway doesn't give us disabled access & means that a standard gate cannot be fit leaving our property un-secured. The builders have confirmed with a copy of the plans that this has been built in the wrong place.

Our neighbour is now contesting the move with the builders advising them that he will not have enough room, although his plans show this. He will not allow them access to his property to move the wall.

The builders are now proposing to remove part of the wall and replace with a fence which would give us required disability access down the side of our property but this doesn’t solve the issue with the remaining wall been built on our land/boundary issue.

Any one got any advice?

TIA

da_rule

So the entire wall is on your land rather than straddling the boundary? In which case just tell the developer to knock it down. It’s a structure on your property and you therefore have control of it.

If the transfer makes you liable for maintaining the boundary and doesn’t specify that it has to be wall then you could put what ever type of fencing you want up to replace it.

G_M

Your wall?
On your land?
Remove it.


Then install whatver path, gate, wall or fence you want on your land and/or your boundary.