Boundary ownership query.
Discussion
My neighbour wants to replace the fence on the boundary between our properties with a a wall, in the same position/height so he can level his garden. I don’t really have an objection to this as it’s to the side of the property down a passage with no windows in.
Now, I believe the fence belongs to me (I look at the ‘back’ of it) he believes it’s his as he has a plan that shows the boundaries of the property but I believe that’s all it shows not actual ownership/responsibility for the fence. The house is a new build on a 160 dwelling development but the builder is as much use as tits on a fish.
If he wants to spunk 6k on a wall that’s fine but I don’t want liability for it in the future. Where do we check to see who owns it and can responsibly for a boundary be reassigned if it is proved to be mine?
Now, I believe the fence belongs to me (I look at the ‘back’ of it) he believes it’s his as he has a plan that shows the boundaries of the property but I believe that’s all it shows not actual ownership/responsibility for the fence. The house is a new build on a 160 dwelling development but the builder is as much use as tits on a fish.
If he wants to spunk 6k on a wall that’s fine but I don’t want liability for it in the future. Where do we check to see who owns it and can responsibly for a boundary be reassigned if it is proved to be mine?
01WE01 said:
Quite a few things.
Firstly, if its a new build, I imagine there will be covenants etc to prevent a wall being erected.
Secondly, on the plus side, as its a new build the deeds probably have the 'T' to show who maintains it (nb. Not necessarily the same as ownership)
Thirdly, if he wants to stick a wall up you should let him (it's his problem if he goes against restrictive covenants etc.) But you should also get him to commit to an undertaking that basically says "I'm the neighbour and this wall is my reposnsbility".
Though, in reality, if he is sticking the wall up it shouldn't need much maintenance for decades...so if he is willing to pay for its construction, I wouldn't think too deeply about it.
Thanks, there is no covenants covering boundaries that don’t border a properties external boundary to a public space. Firstly, if its a new build, I imagine there will be covenants etc to prevent a wall being erected.
Secondly, on the plus side, as its a new build the deeds probably have the 'T' to show who maintains it (nb. Not necessarily the same as ownership)
Thirdly, if he wants to stick a wall up you should let him (it's his problem if he goes against restrictive covenants etc.) But you should also get him to commit to an undertaking that basically says "I'm the neighbour and this wall is my reposnsbility".
Though, in reality, if he is sticking the wall up it shouldn't need much maintenance for decades...so if he is willing to pay for its construction, I wouldn't think too deeply about it.
He won’t do a s
t job on the wall so it should as you say last for years, he has remodelled his house as he decided he didn’t like the way Wimpey set it out, so I have seen the extent of his building firms capabilities.I will have to look for the title deeds, I don’t remember getting a set of these it was 3 years ago when we got the hose new.
Bobtherallyfan said:
You say ‘down a passage’....are you sure that no pipes etc run down there....it seems the go to place for drains on new builds (as we found when we tried replacing a fence).
No my foul drains run back to front out of the property my surface water drains for the down pipes off the roof are on the front of the property. The only thing he will find digging there is cat s
t that I missed when I do the weekly de-turdification duties. shep1001 said:
Bobtherallyfan said:
You say ‘down a passage’....are you sure that no pipes etc run down there....it seems the go to place for drains on new builds (as we found when we tried replacing a fence).
They are detached houses perpendicular to each other, the end of his garden is parallel to the side of our house.My foul drains run back to front out of the property my surface water drains for the down pipes off the roof are on the front sides of the property.
The only thing he will find digging there is cat s
t that I missed when I do the weekly de-turdification duties. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff