Property Boundary Line

VA2020

Hi all,

I’ve had a side return extension done, side wall faces into my neighbours garden and around 6 inches of space where my side wall finishes to my boundary line. 

My neighbour doesn’t want a fence up between us and would rather utilise the extra space now the boundary wall is down, including having the 6 inches of my land in her garden.

I have said to them that my 6 inches will be shingled for filtration then there will be some gravel boards on my side, so their patio doesn’t cause any water issues and will not go onto my small piece of ‘land’ in their garden essentially, which they agree to as well. Advised they cannot paint/drill/put anything onto my external wall without permission.

They asked me if I could put a fence post off my side wall to put one fence and a gate off of it as they have a right of way, so this would be to the right of the down pipe in the picture. If this happens, will this ever become their land permanently? I don’t care about that tiny bit of space as it’s common for side walls to be in gardens I assume. What I am unsure about is if it can be claimed after years, just thinking of guttering being an easement etc.

Section62

VA2020 said:

They asked me if I could put a fence post off my side wall to put one fence and a gate off of it as they have a right of way, so this would be to the right of the down pipe in the picture. If this happens, will this ever become their land permanently? I don’t care about that tiny bit of space as it’s common for side walls to be in gardens I assume. What I am unsure about is if it can be claimed after years, just thinking of guttering being an easement etc.

Put it in writing (with a plan) - word it in such a way that the agreement can be terminated without the neighbour gaining rights they don't currently have.

VA2020

Section62 said:

VA2020 said:

They asked me if I could put a fence post off my side wall to put one fence and a gate off of it as they have a right of way, so this would be to the right of the down pipe in the picture. If this happens, will this ever become their land permanently? I don’t care about that tiny bit of space as it’s common for side walls to be in gardens I assume. What I am unsure about is if it can be claimed after years, just thinking of guttering being an easement etc.

Put it in writing (with a plan) - word it in such a way that the agreement can be terminated without the neighbour gaining rights they don't currently have.

Thank you

do you have any guidance on what I could write? I’m not very good at this stuff

Bendy_House

VA2020 said:

Hi all,

I’ve had a side return extension done, side wall faces into my neighbours garden and around 6 inches of space where my side wall finishes to my boundary line. 

My neighbour doesn’t want a fence up between us and would rather utilise the extra space now the boundary wall is down, including having the 6 inches of my land in her garden.

I have said to them that my 6 inches will be shingled for filtration then there will be some gravel boards on my side, so their patio doesn’t cause any water issues and will not go onto my small piece of ‘land’ in their garden essentially, which they agree to as well. Advised they cannot paint/drill/put anything onto my external wall without permission.

They asked me if I could put a fence post off my side wall to put one fence and a gate off of it as they have a right of way, so this would be to the right of the down pipe in the picture. If this happens, will this ever become their land permanently? I don’t care about that tiny bit of space as it’s common for side walls to be in gardens I assume. What I am unsure about is if it can be claimed after years, just thinking of guttering being an easement etc.

The paving slabs on your land in front of the garage indicates the actual boundary? So that's where to put the post  - on that line, and not tight against the garage wall. 

Ie, the gravel board you plan to put down - which is on the border (or just your side of it) - will continue in a straight line to the new gate and fence. 

VA2020

Bendy_House said:

VA2020 said:

Hi all,

I’ve had a side return extension done, side wall faces into my neighbours garden and around 6 inches of space where my side wall finishes to my boundary line. 

My neighbour doesn’t want a fence up between us and would rather utilise the extra space now the boundary wall is down, including having the 6 inches of my land in her garden.

I have said to them that my 6 inches will be shingled for filtration then there will be some gravel boards on my side, so their patio doesn’t cause any water issues and will not go onto my small piece of ‘land’ in their garden essentially, which they agree to as well. Advised they cannot paint/drill/put anything onto my external wall without permission.

They asked me if I could put a fence post off my side wall to put one fence and a gate off of it as they have a right of way, so this would be to the right of the down pipe in the picture. If this happens, will this ever become their land permanently? I don’t care about that tiny bit of space as it’s common for side walls to be in gardens I assume. What I am unsure about is if it can be claimed after years, just thinking of guttering being an easement etc.

The paving slabs on your land in front of the garage indicates the actual boundary? So that's where to put the post  - on that line, and not tight against the garage wall. 

Ie, the gravel board you plan to put down - which is on the border (or just your side of it) - will continue in a straight line to the new gate and fence. 

Thank you for your response. That’s not a garage it’s an unrendered extension, to the right of that wall is a brick boundary wall between our houses, so essentially where the temporary metal gate is where the boundary line sits and lines up with the boundary.

The shingle and gravel line will match up with the metal gate where it is now, stop before the Down pipe where a fence post will then start but attached to the side of my property, and continue down to the fence and gate in the bottom right. 

VA2020

VA2020 said:

Bendy_House said:

VA2020 said:

Hi all,

I’ve had a side return extension done, side wall faces into my neighbours garden and around 6 inches of space where my side wall finishes to my boundary line. 

My neighbour doesn’t want a fence up between us and would rather utilise the extra space now the boundary wall is down, including having the 6 inches of my land in her garden.

I have said to them that my 6 inches will be shingled for filtration then there will be some gravel boards on my side, so their patio doesn’t cause any water issues and will not go onto my small piece of ‘land’ in their garden essentially, which they agree to as well. Advised they cannot paint/drill/put anything onto my external wall without permission.

They asked me if I could put a fence post off my side wall to put one fence and a gate off of it as they have a right of way, so this would be to the right of the down pipe in the picture. If this happens, will this ever become their land permanently? I don’t care about that tiny bit of space as it’s common for side walls to be in gardens I assume. What I am unsure about is if it can be claimed after years, just thinking of guttering being an easement etc.

The paving slabs on your land in front of the garage indicates the actual boundary? So that's where to put the post  - on that line, and not tight against the garage wall. 

Ie, the gravel board you plan to put down - which is on the border (or just your side of it) - will continue in a straight line to the new gate and fence. 

Thank you for your response. That’s not a garage it’s an unrendered extension, to the right of that wall is a brick boundary wall between our houses, so essentially where the temporary metal gate is where the boundary line sits and lines up with the boundary.

The shingle and gravel line will match up with the metal gate where it is now, stop before the Down pipe where a fence post will then start but attached to the side of my property, and continue down to the fence and gate in the bottom right. 

Oh sorry I see what you are saying, my mistake. To not put the post against the house but on the line instead 

Bendy_House

Soz it's your extension.

Yes, all I'm saying is to position the new gate, fence, wall, gravel board, whatevs, all in a straight line and on the boundary as it should be. 

Ie, if the neighb asks you to place the gate post tight against the extension wall, then that would clearly be too far inside your boundary, and also be stepped in from the proposed gravel board line. You'd then potentially run a risk of the gate/fence determining the 'border' over time, especially making the gravelled part vulnerable. 

But you were probably not going to do that anyway!

All I'm saying is, have the border physically defined - and gravel boards are fine - and all of it in a straight line, no steps.

I'm guessing that the true border is also quite easy to define on the house, where the two properties join? Run the gravel boards from there, with their outside edges on the 'line'.

Does the gravelled strip actually provide enough physical room for you to squeeze down there, if there WAS a fence there?

Section62

Bendy_House said:

You'd then potentially run a risk of the gate/fence determining the 'border' over time, especially making the gravelled part vulnerable.

Not if the boundary position is documented by agreement....

Bendy_House said:

I'm guessing that the true border is also quite easy to define on the house, where the two properties join?

I'm not so sure.  The 'paint' boundary is on the neighbour's side of the ridge tiles - are those tiles centred on the boundary, or were they installed wholly on the OP's side.

I fear there could be a can of worms waiting to be opened... hence my suggestion to co-operate with the neighbour and get the boundary at ground level secured by an agreement and plan.

VA2020

Bendy_House said:

Soz it's your extension.

Yes, all I'm saying is to position the new gate, fence, wall, gravel board, whatevs, all in a straight line and on the boundary as it should be. 

Ie, if the neighb asks you to place the gate post tight against the extension wall, then that would clearly be too far inside your boundary, and also be stepped in from the proposed gravel board line. You'd then potentially run a risk of the gate/fence determining the 'border' over time, especially making the gravelled part vulnerable. 

But you were probably not going to do that anyway!

All I'm saying is, have the border physically defined - and gravel boards are fine - and all of it in a straight line, no steps.

I'm guessing that the true border is also quite easy to define on the house, where the two properties join? Run the gravel boards from there, with their outside edges on the 'line'.

Does the gravelled strip actually provide enough physical room for you to squeeze down there, if there WAS a fence there?

That’s makes sense, thanks for the guidance! 

True border is easy to define. They’re old houses but we have clear boundary lines from ordinance survey, and also the line between our houses so the boundary runs from the middle of the roof down.

it doesn’t provide enough room for me to squeeze down there, but it gives me better access to the gulley and down pipe doing so. I think I want to be clear with them exactly where the boundary line is, as I wouldn’t say they’ve been particularly easy at times.

Section62

VA2020 said:

They’re old houses but we have clear boundary lines from ordinance survey, and also the line between our houses so the boundary runs from the middle of the roof down.

OS mapping is only accurate to about 1m... no good for determining the position of boundaries like this.

When you say 'middle of the roof', has this been measured, and where is it relative to the ridge tiles covering the join between yours and the neighbour's roof?

VA2020

Section62 said:

Bendy_House said:

You'd then potentially run a risk of the gate/fence determining the 'border' over time, especially making the gravelled part vulnerable.

Not if the boundary position is documented by agreement....

Bendy_House said:

I'm guessing that the true border is also quite easy to define on the house, where the two properties join?

I'm not so sure.  The 'paint' boundary is on the neighbour's side of the ridge tiles - are those tiles centred on the boundary, or were they installed wholly on the OP's side.

I fear there could be a can of worms waiting to be opened... hence my suggestion to co-operate with the neighbour and get the boundary at ground level secured by an agreement and plan.

Thank you. 

These houses are super old and a lot of unknowns. The actual wall boundary runs from the middle of our chimney down. The paint going accross is the same for all houses here pretty much 

I think people have done what they want, our roofs haven’t been touched in years. In terms of it being central and outlined on ordinance survey and deeds, it is centred the both out properties and we now have equal amount of room each side so I assume this is all correct.

I am going to take your suggestion of outlining this all in an agreement too around the boundary. I have kept everything in writing to them