Help boundary wall

Vikrov

We built a wall as a replacement to an overgrown hedge and falling down fence which was between our driveway and next doors drive (our house is detached). By doing so we gave the neighbours over 2 foot of useable space. When we came to building the wall we spoke to the neighbours who were happy with it. Turns out that they were tenants renting through the HA. Late last year the council informed them that the private landlord wanted the house back to rent privately. The owner has now taken a dislike to the wall and started a dispute saying that the wall is on their land (by 4cms) and has asked that we remove it. At the time we built the wall in good faith, we went to the edge of the tarmac on their drive as to not leave a gap which would need filling. The title deeds show that our boundary does kick over on to their drive slightly in front of their garage so we are not convinced that we have encroached on their land at all. We have a large driveway so haven’t gained anything by building the wall where it is and it’s not restricting access for them. The owner hasn’t spoken to us at all they have sent a solicitors letter stating that we have 28 days to remove the wall. Do we need to use a litigation solicitor to respond . It seems like an awful lot of time and money is going to be wasted to resolve this. 

Grenage

Do you have legal cover with your home insurance?

grumbler

How high is the wall?

Rebuilding it can be much cheaper than a solicitor.

The title deeds show that our boundary does kick over on to their drive slightly in front of their garage

Post a copy?

Vikrov

Grenage said:

Do you have legal cover with your home insurance?

Yes we do.

Vikrov

The wall is about 3 foot high with pillars that are 5ft.

I’ll try and post a copy.

sevenhills

Vikrov said:

The wall is about 3 foot high with pillars that are 5ft.

I’ll try and post a copy.

Was the wall built to a good standard? Do the neighbours not like your wall, is it just they think it's in the wrong location?

theoretica

4cm?  For the whole length of the wall or just part?  Probably not a practical solution, but if it is indeed found to be over by that much, nice to contemplate getting someone to grind or chisel away just the 4cm.

Vikrov

Yes the wall is built to a good standard and in keeping with the properties. 

It couldn’t be chiselled away it would have to be cut down which would look awful on their side. 

I really don’t understand what the issue is with it, they haven’t spoken to us save through the solicitors letter, they’re not planning on living there so don’t have to look at it. 

I would take it down if its in the wrong place, however I don’t believe it is. My question is really do we require a solicitors involvement or would we be better getting a chartered surveyor, can boundaries be decided to the cm?

grumbler

I think in many cases the boundaries can be decided to centimetres. E.g. when they are marked by edging stone or are in the middle between the houses and perpendicular to the walls. If it's a tarmac driveway I expect that it had edging stones that obviously were a part of the driveway,

If the neighbour has a strong case, he can start court actions and in this case you do need a solicitor unless you can defend your case yourself.

Vikrov

grumbler said:

I think in many cases the boundaries can be decided to centimetres. E.g. when they are marked by edging stone or are in the middle between the houses and perpendicular to the walls. If it's a tarmac driveway I expect that it had edging stones that obviously were a part of the driveway,

If the neighbour has a strong case, he can start court actions and in this case you do need a solicitor unless you can defend your case yourself.

That’s good to know as the edging stones are still in place. Thanks. 

Davesnave

I disagree that exterior boundaries can be determined within 4cm and I'm willing to bet most judges would throw any case out that was brought on such an exact and piffling measurement. There would have to be much negotiating and a genuine attempt made to reach a compromise before they'd entertain the court's time being wasted  like that.