Neighbour redrawn their boundary

Titus_Wadd

...or sneak out with a pot of white paint and fill in the gap!

Jeepers_Creepers

fackers_2 said:

Reason why I’m querying what to do is because we want to put a fence up which will incl end of wall brick post wall(?) of which the fence would attach to, incl do some work to the front garden. We just don’t want to fall foul of building on someone else’s land etc. I’m also worried that our previous owners have also built the front wall up to the neighbours self-assumed boundary which may also be a problem, should we remove and build back?
What are your thoughts? should we reestablish the correct boundary line?

The internal layouts of both houses are 'mirrored', I presume? If so, then it's pretty clear where the correct boundary lies, and that's right down that downpipe.

That's good news - the cracks are not on your side

Not such good news - that garden wall is almost certainly in the wrong place. This would appear to be to your advantage in terms of garden space, but not when it comes to aligning with that pillar. Q - does the boundary wall meet that pillar even now?!

Do the plans in your deeds show the boundary as being straight and perpendicular, and coming from the centre of the two houses? And is this a straight road, with evenly spaced out gardens - it ain't a crescent or nuffink, is it?

So, assuming all is normal, then that boundary wall is in the wrong place. What to do? I guess it's:

1) Discuss it with neighb and explain what you think the error is. Add that you wish to build a new fence, and you'll make certain it's on the correct boundary line (if this side is your 'responsibility') or on your side of the true boundary line (if it ain't). They then have the old wall in their garden, and once removed means they'll have an extra foot of garden width. (Since you are a good neighb, make sure their side of your new fence also looks good...). Oh, your new fence will not meet up with this front wall pillar. And the DP will need dog-legging to the side to avoid the fence. (You could, theoretically, mount the first fence post tightly in front of the DP by designing a suitable fixing method, but other solutions are available...)

2) Claim adverse possession of the extra land your side of the wall. Then just build 'your' new fence tight against that wall on your side. Assume you will not be getting on with your neighbs from that day forth, regardless of your success.

3) Try and work out a solution which benefits you both. I can't think of any. Eg - your new fence comes out the correct boundary line (so neighb gains more land) but then dog-legs sideways to meet front wall pillar (so boundary has weird contrived shape). Or, start your new wall at the correct spot on the house, but angle to towards the pillar. Neighb ends up with nice additional triangular slice - not.

I think (1) is the most 'correct' solution. Only drawback is that your fence won't meet that pillar. Either ignore this, or build your own (which would look silly). 

Section62

Jeepers_Creepers said:

3) Try and work out a solution which benefits you both. I can't think of any.

Leave well alone?

The OP seemed more concerned that the neighbour was trying to avoid responsibility for the cracks by moving the boundary.

It cannot be stressed enough that a 'boundary' type wall has no effect whatsoever on ownership of the structure of the house and responsibility for repairs. None. Neither does the extent of paint on the wall.

There is no obligation to build a wall on the exact boundary, the neighbour is entitled* to build a wall on their own property near the boundary if they wish. It doesn't affect the true boundary, nor change responsibility for the house walls. (*subject to planning consents and covenants)

The OP is thinking about going to unnecessary expense and hassle over a non-issue.

If they want to put their own fence up on their own land then they also have that entitlement (*see above) but it would be sensible not to do so in a way which means having to change the downpipe and drainage, or making it impossible to carry out maintenance. Or starting WW3 with their neighbour.

The state of the chimney and the cracks in the wall are what the OP should be concentrating on.

And to bear in mind that building work to repair those may make a complete mess of the front gardens, so spending time and money improving that area and making a new boundary wall/fence would be very unwise before the more significant problems have been fixed.