Confused about whether is a boundary wall or nothing of the sort, please help!

the_lunatic_is_in_my_head

Misthios said:

Thank you so much. Well, I figured out that they have attached a trellis and built a stone/cement made raised bed 2 metres long, 70cm high and filled it with soil and plants all these attached to my house's wall. so my house's back wall is covered in soil and dump. So I am trying to figure out since my house's back wall is in their garden there's no fence or wall between me and the neighbour, is my house's back garden considered a boundary wall? Is the neighbour considered an adjoining or neighbouring property? 

Well if they want to go for an extension, again is that a party wall? Which I don't think so but not sure? 

Thanks OP I would have a chat with them and explain the flower bed will be breaching the damp proof course and should be removed from the wall to prevent damage to your property from water ingress and note that as this has been brought to their attention they'd be liable for any damage that occurs due to this in the future. 

70cm high is pretty tall and I wouldn't be happy about that at all. 

Regarding the trellis, you should advise them they can't attach such things to your property and if they have used mechanical fixings (i.e screwed to the wall) this again can cause issues with damp down the line and the trellis should be removed with any holes sufficiently filled. 

After having the chat about it I would send them a text/email/letter/etc so you can prove you having informed them of such so should there be any damp issues you later you possibly have some comeback against them. 

I don't think you can do anything to stop them having plants next to the wall but I believe you have a right to access their property for maintenance so with concerns such as ivy you could inspect the wall every 6 months and remove any growing up the wall.  

Your neighbours are probably blissfully unaware of the problems building a flowerbed right up against your wall may cause, if they are decent people they will understand and sort it out. 

It's best to keep happy neighbours so I'd be extra polite about it, in the first instance   

Jellynailer

The deeds plan of the OP clearly shows the boundaries of the OP and neighbour's property in black and the outline of the OP's house in red.  So it is crystal clear that the OP owns the sliver of land at the side of the house. The plan also shows that the neighbour's house does not extend to the boundary line.  What looks like a pavement in front of you house is part of your property.  The frontage to your neighbour's house is a footpath in my opinion so the hedge is blocking a public right of way as well as access to your sliver of land.  To work out the width and length of the sliver, measure the width of your house and then use a slide rule or maths to work it out.

Now, please OP can you answer the following questions.

So when was the extension built? 

When did you buy your house?

How long has your access to your sliver of land been blocked by the hedge?

When was the raised bed constructed?

When did the ivy become a problem?

When did you ask the neighbour to remove the raised beds?

Who removed the ivy?

Is the lane at the front of your house an adopted public highway?

Do your deeds have a clause about nuisance?

Without this information all of us are wading through treacle.  A solicitor would also have the same problem unless you can provide the information to them at the outset.  If you can post the information, I can then advise on options to resolve the problem without going to court after having had ivy growing through the side of my house and actually into a bedroom. If the extension was built less than 10 years ago, I can help re that (from my past experience as chair of a town wide community lobby group for planning issues =  why I can read plans etc.)

ThisIsWeird

AfaIk, an extension has not been built, and there is no indication that one might be. This is all about planters and stuff being constructed up tight against the OP's wall.

It would be fab if that sliver of land is as you say, Jelly

Misthios

ThisIsWeird said:

Misthios said:

the_lunatic_is_in_my_head said:

Misthios said:

The main reason I am asking is, can the neighbour build or attach anything on my house's back wall without my permission?

Are they wanting to build an extension of attaching trellis or such to the wall?

@Doozergirl will correct me if I'm wrong but I believe an extension should be built right up to the wall so there's no gap because if there were a tiny gap it would be impossible to maintain the two walls either side of said gap.

If they are attaching trellis or such then no I don't believe they can do so as it's your house/wall but some more knowledgeable posters may advise otherwise  

Thank you so much. Well, I figured out that they have attached a trellis and built a stone/cement made raised bed 2 metres long, 70cm high and filled it with soil and plants all these attached to my house's wall. so my house's back wall is covered in soil and dump. So I am trying to figure out since my house's back wall is in their garden there's no fence or wall between me and the neighbour, is my house's back garden considered a boundary wall? Is the neighbour considered an adjoining or neighbouring property? 

Well if they want to go for an extension, again is that a party wall? Which I don't think so but not sure? 

No, they cannot attach anything to that wall such as trellis, or planters, or build up a level of soil against it - basically anything that could cause damage to your property.

Do you have Legal Protection included in your home insurance? Cool - call them up for guidance, and possible action.

As to whether it's considered a 'party wall' for the purposes of building a proper extension on to it, I'm really not sure. I think you can refuse, but the issue then could become one of an unusable, inaccessible, and debris-filled gap between the two of you. 

I still do not understand what is the extent of your property from these plans. There are three bits edged in red - what are these? Do you have a garden? If so, where is it on that map? I've asked you to check the pavement - does it have a kink in it where it changes direction slightly? If so, is there anything else there that could be a guide as to where your actual boundary ends up?

Thank you so much for your help, I will reply very soon in one post so I can answer all the questions in one go.

Misthios

Jellynailer said:

Misthios said:

Jellynailer said:

I suspect the neighbour may have built the extension without planning permission - check with your local authority or to keep on good terms pretend concern about damp and ask to see their plan.  Also check whether your deeds provide for access for maintenance purposes {mine do).

You are correct and this is what I did. I explained to them that I can't have my house's wall covered in soil and dampness. Why they don't build it on their wall instead?  They refuse to remove the stone/cement raised bed. My deeds provide access the maintenance but since they refuse to remove it so I contacted the council and they replied as follows:

''We can investigate the stone/cement raised flower bed which you refer to, however the investigation will not include whether any damage has been caused to your property or whether any party wall agreement should have been in place as these are a civil matters. What we would look at is whether the works constitute development and if so, whether planning permission is required. If we identify a breach of planning control we will then consider what, if any action, is required. ''.

Am not sure if they will take into account if the neighbour has the right to build on my wall or ask them to remove it but just if the neighbour needed planning permission to build it. It doesn't make sense to me. 

It is not just planning permission required for the extension but also building control  - which works to building regulations including proximity to neighbouring property.  I don’t think it could be deemed to be a permitted development unless it was built more than 10 years ago (because it extends more than 50% of the width of the house and is too close to the road(.  The planners can invite the neighbour to make a retrospective application but then the building control process would then kick in.  Hope this is helpful. 

That's very helpful, thanks a lot.

Misthios

ThisIsWeird said:

Jellynailer said:

Misthios said:

Jellynailer said:

I suspect the neighbour may have built the extension without planning permission - check with your local authority or to keep on good terms pretend concern about damp and ask to see their plan.  Also check whether your deeds provide for access for maintenance purposes {mine do).

You are correct and this is what I did. I explained to them that I can't have my house's wall covered in soil and dampness. Why they don't build it on their wall instead?  They refuse to remove the stone/cement raised bed. My deeds provide access the maintenance but since they refuse to remove it so I contacted the council and they replied as follows:

''We can investigate the stone/cement raised flower bed which you refer to, however the investigation will not include whether any damage has been caused to your property or whether any party wall agreement should have been in place as these are a civil matters. What we would look at is whether the works constitute development and if so, whether planning permission is required. If we identify a breach of planning control we will then consider what, if any action, is required. ''.

Am not sure if they will take into account if the neighbour has the right to build on my wall or ask them to remove it but just if the neighbour needed planning permission to build it. It doesn't make sense to me. 

It is not just planning permission required for the extension but also building control  - which works to building regulations including proximity to neighbouring property.  I don’t think it could be deemed to be a permitted development unless it was built more than 10 years ago (because it extends more than 50% of the width of the house and is too close to the road(.  The planners can invite the neighbour to make a retrospective application but then the building control process would then kick in.  Hope this is helpful. 

I don't think an extension has been built, only constructions such as planters and trellis.
An extension could become a future issue, but is currently not.
Aiui, Misthios is concerned about damage being caused to their wall by the growing ivy and constructions such as trellis and planters.
It would have been useful to have seen these constructions - have you taken photos of them? If not, you should, in case this needs escalating.
Ok, a few wee issues here;
1) As you've said, you do (everyone does) have the right to gain access to another property in order to carry out repairs and maintenance, if that is the only reasonable means if doing so - as in this case. Usually, you'd only need to ask politely, agree a mutually-acceptable day and duration, and then leave their property unaffected. Sometimes, you need to force the issue, and this will require a court order - a pain. 
2) Since you have the right to access, then this allows you to keep any ivy growth under control. Yes, it would be nice if the neighbour, now that they are informed that you don't want ivy, to carry out the simple task of stopping any further growth in its tracks, but TBF I don't think that's their responsibility. Unless, if course, they planted it! Did they? So, if that is 'natural' ivy, then I wouldn't threaten them with action over damage to your house. From now on, either they help you by keeping further growth away, or you need access to do so.
3) We still don't know where the true boundary lies. It could either be along that diagonal 'boundary' line, or it could be straight along your end wall. However, even for the latter situation, your 'plot' - I could well be wrong here... - includes your roof overhang, so that means you at least own a 4-5" strip of ground along the base! Worth downloading a copy of their deeds, too - £3 from the LR. But don't bank on it.
4) They cannot, simply can not, attach anything to your wall without your permission. You can force them to remove it, certainly if there's any possibility of it causing damage. If you have LegPro, this should be straightforward, as your agent will know it should be a completely winnable case. Not only should they not attach anything to your wall, but they are theoretically 'trespassing' in order to do so; this could be 'trespass with criminal property damage', the key scary word being 'criminal'. Your LegPro should have fun putting the scaries on to your neighb if they aren't compliant - I can't see many folk being ready to risk a criminal conviction.
5) Obvs if you need to go this far, you ain't getting a Chrimbo card. But, you do need to do what is necessary to protect your house. You just do. They are the ones in the wrong. Once you inform them in an evidenced manner of the risk of damage, then they are liable should the worst happen. If that ivy is 'theirs', for example, and they allow it to grow again, then they would be liable.
6) I would be hesitant to pursue any action due to the old ivy, for the reasons I gave before. But, your neighbour does need clear information of what they can, and cannot, do close to your wall, and what the consequences will be if they breach this - all done nicely, of course, and under the guidance of your LegProt. If no LP, then get advice from, say, CAB on how to compose 'putting on notice' or 'cease and desist' letters in the correct manner.
6) A quite different issue will be if they wish to build an extension to their house which will encroach on your wall - I have no idea what could happen then. But that isn't being mooted anyway? If they wish to build a detached 'outhouse' there, then I understand that the usual Planning rules will apply, and that includes a min distance from boundaries - 1m?

ThisIsWeird said:

Jellynailer said:

Misthios said:

Jellynailer said:

I suspect the neighbour may have built the extension without planning permission - check with your local authority or to keep on good terms pretend concern about damp and ask to see their plan.  Also check whether your deeds provide for access for maintenance purposes {mine do).

You are correct and this is what I did. I explained to them that I can't have my house's wall covered in soil and dampness. Why they don't build it on their wall instead?  They refuse to remove the stone/cement raised bed. My deeds provide access the maintenance but since they refuse to remove it so I contacted the council and they replied as follows:

''We can investigate the stone/cement raised flower bed which you refer to, however the investigation will not include whether any damage has been caused to your property or whether any party wall agreement should have been in place as these are a civil matters. What we would look at is whether the works constitute development and if so, whether planning permission is required. If we identify a breach of planning control we will then consider what, if any action, is required. ''.

Am not sure if they will take into account if the neighbour has the right to build on my wall or ask them to remove it but just if the neighbour needed planning permission to build it. It doesn't make sense to me. 

It is not just planning permission required for the extension but also building control  - which works to building regulations including proximity to neighbouring property.  I don’t think it could be deemed to be a permitted development unless it was built more than 10 years ago (because it extends more than 50% of the width of the house and is too close to the road(.  The planners can invite the neighbour to make a retrospective application but then the building control process would then kick in.  Hope this is helpful. 

I don't think an extension has been built, only constructions such as planters and trellis.
An extension could become a future issue, but is currently not.
Aiui, Misthios is concerned about damage being caused to their wall by the growing ivy and constructions such as trellis and planters.
It would have been useful to have seen these constructions - have you taken photos of them? If not, you should, in case this needs escalating.
Ok, a few wee issues here;
1) As you've said, you do (everyone does) have the right to gain access to another property in order to carry out repairs and maintenance, if that is the only reasonable means if doing so - as in this case. Usually, you'd only need to ask politely, agree a mutually-acceptable day and duration, and then leave their property unaffected. Sometimes, you need to force the issue, and this will require a court order - a pain. 
2) Since you have the right to access, then this allows you to keep any ivy growth under control. Yes, it would be nice if the neighbour, now that they are informed that you don't want ivy, to carry out the simple task of stopping any further growth in its tracks, but TBF I don't think that's their responsibility. Unless, if course, they planted it! Did they? So, if that is 'natural' ivy, then I wouldn't threaten them with action over damage to your house. From now on, either they help you by keeping further growth away, or you need access to do so.
3) We still don't know where the true boundary lies. It could either be along that diagonal 'boundary' line, or it could be straight along your end wall. However, even for the latter situation, your 'plot' - I could well be wrong here... - includes your roof overhang, so that means you at least own a 4-5" strip of ground along the base! Worth downloading a copy of their deeds, too - £3 from the LR. But don't bank on it.
4) They cannot, simply can not, attach anything to your wall without your permission. You can force them to remove it, certainly if there's any possibility of it causing damage. If you have LegPro, this should be straightforward, as your agent will know it should be a completely winnable case. Not only should they not attach anything to your wall, but they are theoretically 'trespassing' in order to do so; this could be 'trespass with criminal property damage', the key scary word being 'criminal'. Your LegPro should have fun putting the scaries on to your neighb if they aren't compliant - I can't see many folk being ready to risk a criminal conviction.
5) Obvs if you need to go this far, you ain't getting a Chrimbo card. But, you do need to do what is necessary to protect your house. You just do. They are the ones in the wrong. Once you inform them in an evidenced manner of the risk of damage, then they are liable should the worst happen. If that ivy is 'theirs', for example, and they allow it to grow again, then they would be liable.
6) I would be hesitant to pursue any action due to the old ivy, for the reasons I gave before. But, your neighbour does need clear information of what they can, and cannot, do close to your wall, and what the consequences will be if they breach this - all done nicely, of course, and under the guidance of your LegProt. If no LP, then get advice from, say, CAB on how to compose 'putting on notice' or 'cease and desist' letters in the correct manner.
6) A quite different issue will be if they wish to build an extension to their house which will encroach on your wall - I have no idea what could happen then. But that isn't being mooted anyway? If they wish to build a detached 'outhouse' there, then I understand that the usual Planning rules will apply, and that includes a min distance from boundaries - 1m?

Thank you, I ll reply to all of them in one post.

Misthios

the_lunatic_is_in_my_head said:

Misthios said:

Thank you so much. Well, I figured out that they have attached a trellis and built a stone/cement made raised bed 2 metres long, 70cm high and filled it with soil and plants all these attached to my house's wall. so my house's back wall is covered in soil and dump. So I am trying to figure out since my house's back wall is in their garden there's no fence or wall between me and the neighbour, is my house's back garden considered a boundary wall? Is the neighbour considered an adjoining or neighbouring property? 

Well if they want to go for an extension, again is that a party wall? Which I don't think so but not sure? 

Thanks OP I would have a chat with them and explain the flower bed will be breaching the damp proof course and should be removed from the wall to prevent damage to your property from water ingress and note that as this has been brought to their attention they'd be liable for any damage that occurs due to this in the future. 

70cm high is pretty tall and I wouldn't be happy about that at all. 

Regarding the trellis, you should advise them they can't attach such things to your property and if they have used mechanical fixings (i.e screwed to the wall) this again can cause issues with damp down the line and the trellis should be removed with any holes sufficiently filled. 

After having the chat about it I would send them a text/email/letter/etc so you can prove you having informed them of such so should there be any damp issues you later you possibly have some comeback against them. 

I don't think you can do anything to stop them having plants next to the wall but I believe you have a right to access their property for maintenance so with concerns such as ivy you could inspect the wall every 6 months and remove any growing up the wall.  

Your neighbours are probably blissfully unaware of the problems building a flowerbed right up against your wall may cause, if they are decent people they will understand and sort it out. 

It's best to keep happy neighbours so I'd be extra polite about it, in the first instance   

Thank you, you've been really helpful, I ll reply in one post with all other comments, to have everything in one place.

Misthios

Jellynailer said:

The deeds plan of the OP clearly shows the boundaries of the OP and neighbour's property in black and the outline of the OP's house in red.  So it is crystal clear that the OP owns the sliver of land at the side of the house. The plan also shows that the neighbour's house does not extend to the boundary line.  What looks like a pavement in front of you house is part of your property.  The frontage to your neighbour's house is a footpath in my opinion so the hedge is blocking a public right of way as well as access to your sliver of land.  To work out the width and length of the sliver, measure the width of your house and then use a slide rule or maths to work it out.

Now, please OP can you answer the following questions.

So when was the extension built? 

When did you buy your house?

How long has your access to your sliver of land been blocked by the hedge?

When was the raised bed constructed?

When did the ivy become a problem?

When did you ask the neighbour to remove the raised beds?

Who removed the ivy?

Is the lane at the front of your house an adopted public highway?

Do your deeds have a clause about nuisance?

Without this information all of us are wading through treacle.  A solicitor would also have the same problem unless you can provide the information to them at the outset.  If you can post the information, I can then advise on options to resolve the problem without going to court after having had ivy growing through the side of my house and actually into a bedroom. If the extension was built less than 10 years ago, I can help re that (from my past experience as chair of a town wide community lobby group for planning issues =  why I can read plans etc.)

1)      ThisIsWeird  ‘’I still do not understand what is the extent of your property from these plans.

There are three bits edged in red - what are these?

 

A: All 4 bits in red in the small photo is taken from my title plan. From the left the big red is my house, next to it is the front patio, further to the right and attached is my 1st car park and across the street where there’s another red to the far right is my 2nd car park.

 

Do you have a garden?

 

A: No, just a front patio from the main entrance and a little land from the other entrance of the house so I can put some flower pots etc.

 

If so, where is it on that map?

 

A: N/A

 

I've asked you to check the pavement - does it have a kink in it where it changes direction slightly?

 

A: Yes, there’s a kind of kink between my house’s wall and the neighbour’s hedge when I look from outside of my house however, when I visited their garden a couple of times in the past it is the raised bed that actually is in the way or/and on that black diagonally line we see in my property’s title plan and in the copy of transfer.

 

If so, is there anything else there that could be a guide as to where your actual boundary ends up?’’

 

A: I can only say judging by the photos of the plans I posted here. I have to get a boundaries expert I think to analyse it what that line is about because it looks to me it’s a right of way to access my property. There’s nothing else in that side of their garden instead the raised bed.             

 

2)   
It would have been useful to have seen these constructions

- have you taken photos of them? If not, you should, in case this needs escalating.

 

A: Unfortunately I did not take photos when I visited the garden a few times.

Ok, a few wee issues here;

1) As you've said, you do (everyone does) have the right to gain access to another property in order to carry out repairs and maintenance, if that is the only reasonable means if doing so - as in this case. Usually, you'd only need to ask politely, agree a mutually-acceptable day and duration, and then leave their property unaffected. Sometimes, you need to force the issue, and this will require a court order - a pain. 

 

A: I have asked them nicely indeed and we had many conversations the past couple of months. They were happy to allow us in the garden to de root the ivy and a vine plant style climber which had very deep roots, it had spread widely along my building. Not only that, their rose also spread and pierced the mortar between my wall’s bricks,so me and my wife brought cement to patch the holes and the wall.

They were sorry about the inconvenience, we spent the whole day patching wall and the soil/garden near our wall.

2) Since you have the right to access, then this allows you to keep any ivy growth under control. Yes, it would be nice if the neighbour, now that they are informed that you don't want ivy, to carry out the simple task of stopping any further growth in its tracks, but TBF I don't think that's their responsibility. Unless, if course, they planted it! Did they? So, if that is 'natural' ivy, then I wouldn't threaten them with action over damage to your house. From now on, either they help you by keeping further growth away, or you need access to do so.

 

A: Now, we have a strong indication that they deliberately planted the rose and vine climber and the ivy to improve the aesthetics of their garden so they don’t view a boring wall. The strong indication comes from the fact, that they have a gardener coming from time to time, and he de-weeds and removes all the unwanted plantation around their garden including IVY from the other side of the fence they neighbour with another property but, the gardener will never maintain the area by the raised bed and the ivy.

The problem is that I can’t keep an eye to see what’s growing on that wall because, from the front patio, I can’t see there at all, from the other entrance their hedge is Over 2.5 metres high and can’t see so literally I can only take actions when the ivy is grown very high. Initially as a gesture of goodwill, we did all the hard work and we would paint the building at our expense, but since they refuse to remove the raised bed and show us a little bit of appreciation, we would now pursue legal action against the damages they caused as well.

3) We still don't know where the true boundary lies. It could either be along that diagonal 'boundary' line, or it could be straight along your end wall. However, even for the latter situation, your 'plot' - I could well be wrong here... - includes your roof overhang, so that means you at least own a 4-5" strip of ground along the base! Worth downloading a copy of their deeds, too - £3 from the LR. But don't bank on it.

 

A: That’s a very good point, am waiting for the outcome of the council’s planning team, they informed me today that they wrote them and they asked them to access the property to investigate the raised bed building construction. After that, I will follow up with my legal adviser and more likely I ll have to get a boundaries expert to investigate the situation with the diagonal black line in the deed’s photo.

4) They cannot, simply can not, attach anything to your wall without your permission. You can force them to remove it, certainly if there's any possibility of it causing damage. If you have LegPro, this should be straightforward, as your agent will know it should be a completely winnable case. Not only should they not attach anything to your wall, but they are theoretically 'trespassing' in order to do so; this could be 'trespass with criminal property damage', the key scary word being 'criminal'. Your LegPro should have fun putting the scaries on to your neighb if they aren't compliant - I can't see many folk being ready to risk a criminal conviction.

 

A: You can’t possibly imagine how much we discussed that with them. We explained the possibility of dampness or any other damage to our building and that we didn’t want it to have been covered in soil. Their responses? They dodge the comments and they deflect to avoid the subject, we ‘re going in circles.  ‘’Why it’s bothering you’’? ‘’what’s the problem’’? It didn’t cause a problem until now, so why it’s a problem’’? They talk nonsense and can’t have a reasonable and intelligent conversation with them. Yes, I agree with you, I don’t know why they think that they have the right to do that. Probably they don’t expect me to take further actions so they aren’t just taking me seriously right now. I tend to change that impression. We don’t talk anymore, the relationship can’t be repaired anymore. Besides, I believe stronger by the day that the raised bed was constructed to cover that diagonal black line which could be a right of way and access to the side wall of my house.

 

5) Obvs if you need to go this far, you ain't getting a Chrimbo card. But, you do need to do what is necessary to protect your house. You just do. They are the ones in the wrong. Once you inform them in an evidence-based manner of the risk of damage, then they are liable should the worst happen. If that ivy is 'theirs', for example, and they allow it to grow again, then they would be liable.

 

A: That’s what am doing, just protecting my house. Having my house covered up in soil and in length will only cause damage and dampness. I won’t wait for the day to see that happen. I am allowed to be proactive. Their attitude is that they can do whatever they want because they don’t see a problem. Bonkers.

6) I would be hesitant to pursue any action due to the old ivy, for the reasons I gave before. But, your neighbour does need clear information of what they can, and cannot, do close to your wall, and what the consequences will be if they breach this - all done nicely, of course, and under the guidance of your LegProt. If no LP, then get advice from, say, CAB on how to compose 'putting on notice' or 'cease and desist' letters in the correct manner.

 

A: we have a strong indication that they deliberately planted the rose and vine climber and the ivy to improve the aesthetics of their garden so they don’t view a boring wall. The strong indication comes from the fact, that they have a gardener coming from time to time, and he de-weeds and removes all the unwanted plantation around their garden including IVY from the other side of the fence they neighbour with another property but, the gardener will never maintain the area by the raised bed and the ivy.

The problem is that I can’t keep an eye to see what’s growing on that wall because, from the front patio, I can’t see there at all, from the other entrance their hedge is Over 2.5 metres high and can’t see so literally I can only take actions when the ivy is grown very high. Initially, as a gesture of goodwill, we did all the hard work and we would paint the building at our expense, but since they refuse to remove the raised bed and show us a little bit of appreciation, we would now pursue legal action against the damages they caused as well.

 

Since they refuse to give us access anymore and they don’t want to take responsibility to whatever happen to our wall, I believe, these actions won’t favour them.

 

7) A quite different issue will be if they wish to build an extension to their house which will encroach on your wall - I have no idea what could happen then. But that isn't being mooted anyway? If they wish to build a detached 'outhouse' there, then I understand that the usual Planning rules will apply, and that includes a min distance from boundaries - 1m?

 

A: I don’t think they will be interested in doing that, but if they try, yes they have to leave at least 1m distance so I can have access to maintain the building when required.

 

the_lunatic_is_in_my_head

Thanks OP I would have a chat with them and explain the flower bed will be breaching the damp proof course and should be removed from the wall to prevent damage to your property from water ingress and note that as this has been brought to their attention they'd be liable for any damage that occurs due to this in the future. 

 

A: You see, we explained to them that it’s an issue in many ways, but we can’t take the risk of allowing the events to unfold by keeping that raised bed.

 

I am checking the legality of their actions. Are they allowed to build on my wall without my consent? Will the home insurance be happy and cover me in the event this raised bed causes dampness and water ingest and any repairs have to be carried out? So far it looks to me that they don’t have the right and I would prefer to prevent a damage from happening rather than dealing with it.

70cm high is pretty tall and I wouldn't be happy about that at all. 

 

A: It’s lengthy, deep and high cement and stones raised bed fully attached to my wall full of peppermint and other herbs and flowers. We have even suggested that we could help them to replant the herbs in smaller and wooden raised beds trellis and actually specially the peppermint would grow better and it can be controlled.

Regarding the trellis, you should advise them they can't attach such things to your property and if they have used mechanical fixings (i.e screwed to the wall) this again can cause issues with damp down the line and the trellis should be removed with any holes sufficiently filled. 

 

A: She had a wooden trellis attached to my wall and with their consent they agreed to move it a bit forward, Ivy had completely destroyed the trellis at the bottom. We explained to them that you put the trellis too close to the wall, what about if we want to maintain it? Paint it? It looks ugly and scarred and damaged in places after the ivy was removed and dropped. Their response was ‘’ ok, don’t start again about what if’’. They leave in their own bubble world, it’s like they don’t care about rules but only what they think.

After having the chat about it I would send them a text/email/letter/etc so you can prove you have informed them of such so should there be any damp issues you later you possibly have some comeback against them. 

 

A: We did that and we put it in writing on the 2nd of August 2024, their response: ‘’ Will consult’’. No reply to our texts and emails, until the end of August, we decided to take the matter further and we informed again in writing but no response and that was the last time we interacted with them.

I don't think you can do anything to stop them having plants next to the wall but I believe you have a right to access their property for maintenance so with concerns such as ivy you could inspect the wall every 6 months and remove any growing up the wall.  

 

A: I can stop them. There are trees, shrubs and varieties of bamboo with roots that can cause serious damage not only to my house but also to other neighbouring properties. If it was a neighbour I could trust, I wouldn’t have to go around at all. Whatever grows on my land I don’t let overgrow to cross boundaries or buildings to cause nuisance or any issue to my neighbours. It’s a matter of moral value and responsibility but this neibourgh lacks of.

Your neighbours are probably blissfully unaware of the problems building a flowerbed right up against your wall may cause, if they are decent people they will understand and sort it out. 

 

A: I am 100% sure they know the issue but the main reason they play the fools is because they are afraid to face any damages if any, the raised bed caused. So they want to leave it buried for good. I won’t let them.

It's best to keep happy neighbours so I'd be extra polite about it, in the first instance.

 

A: We did try our best but politeness and happiness should go both directions if we want to be fair with each other. I offered so many goodwill gestures but they didn’t appreciate it. I don’t think there’s a way back unless they are not prepared to go to court so they might compromise. It’s only fair that I am trying to stand up for my rights and protect my house.

Misthios

Jellynailer said:

The deeds plan of the OP clearly shows the boundaries of the OP and neighbour's property in black and the outline of the OP's house in red.  So it is crystal clear that the OP owns the sliver of land at the side of the house. The plan also shows that the neighbour's house does not extend to the boundary line.  What looks like a pavement in front of you house is part of your property.  The frontage to your neighbour's house is a footpath in my opinion so the hedge is blocking a public right of way as well as access to your sliver of land.  To work out the width and length of the sliver, measure the width of your house and then use a slide rule or maths to work it out.

Now, please OP can you answer the following questions.

So when was the extension built? 

When did you buy your house?

How long has your access to your sliver of land been blocked by the hedge?

When was the raised bed constructed?

When did the ivy become a problem?

When did you ask the neighbour to remove the raised beds?

Who removed the ivy?

Is the lane at the front of your house an adopted public highway?

Do your deeds have a clause about nuisance?

Without this information all of us are wading through treacle.  A solicitor would also have the same problem unless you can provide the information to them at the outset.  If you can post the information, I can then advise on options to resolve the problem without going to court after having had ivy growing through the side of my house and actually into a bedroom. If the extension was built less than 10 years ago, I can help re that (from my past experience as chair of a town wide community lobby group for planning issues =  why I can read plans etc.)

Jellynailer

Now, please OP can you answer the following questions.

 

So when was the extension built? 

A: Dec 1993, I will load screenshots of the copy of transfers, just in case you spot some information that could help me. I massively thank you in advance.

When did you buy your house?

A: Feb 2023

How long has your access to your sliver of land been blocked by the hedge?

A: Unknown. The previous owner has no clue about it, As explained above I was suspicious that the sliver of land is not blocked only from the hedge but also from this raised bed because it’s laid on that direction. I think I need to hire a land and boundaries expert to throw some light in the tunnel. Any thoughts on that?

When was the raised bed constructed?

A: Unknown. The previous owner I bought my property from had no idea about it because she never had to go in her garden. When we spoke to the neighbours they said ‘’ The raised bed has been there for many years before you bought the property’’.

I won’t go down that rabbit hole to be honest, I won’t legalise and approve their actions based on how many years, months or days ago this bed has been raised. I can’t check the condition of my building because it’s covered in soil.

When did the ivy become a problem?

The Ivy was a problem even before we bought the house. The previous owner I bought the property from, was aware of the issue and when I was in the process of buying the property back in August 2022, she notified them to remove the ivy once and for good. We talked to the neighbour when we moved in and she was aware of the issue that we don’t want her ivy on our house. She said ok and agreed to remove it however, they never removed it but only trimmed so we can’t see it.

When I went away she let the ivy grow again unchecked and when I came back from abroad, I saw the ivy covering the side wall, the front kitchen wall and up to the gutters which is actually another proof that she hadn’t taken actions she agrees with the previous owner and with us.

Again, we go back to the strong indication we have that they deliberately planted the rose and vine climber and the ivy to improve the aesthetics of their garden so they don’t view a boring wall. The strong indication comes from the fact, that they have a gardener coming from time to time, and he de-weeds and removes all the unwanted plantation around their garden including IVY from the other side of the fence they neighbour with another property but, the gardener will never maintain the area by the raised bed and the ivy.

 

When did you ask the neighbour to remove the raised beds?

A: The raised bed came to our attention beginning of June 2024 when we went around their garden so we can remove the ivy. We held many discussions since then that all failed, we asked them in writing on the 2nd of August 2024, they replied: ‘’Will Consult’’. That’s it, just two words. We sent then final letter on the 15th of August asking them to give us a definite answer or otherwise we might have to take the matter further, they didn’t respond so that was the last time we interacted.

Who removed the ivy?

A: We did. In June 2024 as a gesture of goodwill. We spent the whole day digging ivy, wine climber and a rose. Those roots had breached our wall’s bricks and mortar so we had to make cement and patch them, then I had rake and deroot deep all that area in the ground, treat the area to prevent it from coming back again. Cement, Sprays, and labour, all at our expense.

Is the lane at the front of your house an adopted public highway?

A: It’s an adopted highway I checked it in the property’s searches results and that’s another issue I got with them, the hedge is encroaching about 50-60cm on the public lane and blocks my views and light. The hedge was plant right next to my building which again is trespassing into the property’s front little space which means that I can hardly put my flowers there because their hedge is overtaking the space and they don’t keep it regularly in check.

 

Do your deeds have a clause about nuisance?

 

A: I think I do. This neighbour who’s causing me the issue though, I think is considered a neighbouring property and NOT an adjoining. My property is end of terrace so my understanding is that No 4 next to me is the adjoining property in this case.

I ll load photos of the original transfer copies if you get a chance to tell me your opinion please?

 

Many thanks to all of you for your help. I greatly appreciate it.

 

PS This is part two of my post. It was too long, please check my previous post with all the photos from the property's transfer copy and deeds. When we talk about this sliver of land, we talk about that black line I point out on the photos with the blue arrow, right? 

ThisIsWeird

Well, that's interesting 😊 
The fence that runs from the corner of your house, past your patio, and reaches a corner to its right, is it at an angle to your house and patio, as shown in that map? 
Although such maps are notorious for their lack of precision, they do work if there are fixed objects such as buildings and old posts and pillars to reference them by. And they are also usually very good at showing directions, angles, kinks, doglegs, and that sort of stuff; you might not be able to take exact measurements from it - eg determine from the map whether the true boundary is physically touching the corner of your house - but you can usually tell what it looks like. 
It seems very clear on that map that the boundary is at an angle, and passes very closely - possibly touches - that corner of your house. Equally clear is that the boundary is a straight line throughout its length, until it hits that sharp bend on the right.
So, almost certainly, the correct boundary between you and this neighb is both completely straight, and at the shown angle to your house.
Why is it at that jaunty angle? Very likely - almost certainly - because it comes out at right angles to the road on the left, which would make complete sense. Also, it may have been there before your house was built.  It is a 'squint' boundary only in relation to your neighbour's plot, which has its LH boundary following the same road, but only after it has slightly changed direction at that slight bend.
As a none betting fellow, I'd happily wager a £iver that you own that triangular strip land. Ok, it ain't going to give you full access to that wall if you do, but you can certainly enforce their full removal from it. For this, you'd need to put up some form of marker, and this can be as simple as a series of low posts with a wire strung between them...
Tbh, I don't think you want a solid fence placed there, as this will make your access more awkward. 
Caution - afaIk, the extent of one's property and plot is usually edged in red, drawn within the black boundary markings, and yours does not do this in regards to that sliver. So, the possibility definitely remains that it's either communal - like the crosshatched yellow/brown - or even your neighbour's. For the latter, you'd then have to resort to your normal rights of insisting they do not touch or affect your wall, and keep making regular visits to ensure this. You can do this. They must stop.
First, I'd suggest - download a copy of your neighbour's deeds from the LR site, around £3. Check what their red lines say. Does their red line go beyond this squint boundary, and tight against you house?
I also suggest you collate all the info of what's gone on so far - the dates of your contact, an outline of what was said and done each time, and the key points from your conversations. From now on, have some means of recording any conversation you may have, surreptitiously if needed (and often best). 
You also need some photos of what they have there. You can do this using a camera on a selfie stick, held over the road hedge, or over their timber fence - do this when they are out, and make sure you cover only the house wall and what's immediately in front of it. Delete/edit/crop any photos which capture private stuff, and don't share them with anybody - they are purely for use should action be required. You can do this - it is legitimate use; you are capturing evidence of what could be criminal damage.
So, check out their deeds first.
Then take advice from your Legal Protection group.