Boundry wall who owns what?

Joey the lips

Hi Folks

Have a query on garden walls, techanically they are boundry walls right. How does the law work on them.

1. Becase there was none when the house was built does your neighbour still own one side

2. Can a neighbour hang baskets etc on the garden boundry wall if they did not build it

3. Can they plaster the wall if they did not build it.

4. Lastly if one side of the wall is made of expensive brick and the other made of standard brick have they both to share the cost when clearly they are both not getting the benefit


A refereral to websites would be appricated.

time lord

Only a small bit of help here. on some schemes I dealt with the walls were built with piers only petruding on one side. Everyboby owned the wall out to their left with the piers in their garden. The ones on the right were owned by their neighbour.

The same went for the front timber fences. The side with the steaks owned that fence.


Not much help but it what I came accross.

Joey the lips

Thanks, so if i build a wall around my garden my neighbour still owns it on one side. is that the jist

Carlow52

The issue here is the boundary line as shown on the site map/legal docs and where the fence/wall lies in relation to the boundary line.

As to the notion that you can have sole ownership of a wall/fence on one side of your garden and none on the other side beggers belief.

For example, take the side that you dont own, who owns the foundations to this wall?

Another example for the fence that u dont own, does the 'owner' have the right to trespass on the 'other side' for maintenance?

If u want to completely own the wall/fence, all of it, including foundations, need to be inside the boundary line

muffler

Every property has a legal boundary and it is up to you to have that boundary defined. You would need to consult with both a solicitor and surveyor to establish whats what.

Regarding the building of a wall around your garden then again its a legal matter (please note we dont do legalities here) as you may or may not be building over the legal boundary. Build on your own side of the defined boundary and the wall will be entirely yours but build on top of the defined boundary then you will need your neighbours permission imo.

At the end of the day and if this is so important to you Id strongly recommend you talk to a solicitor.

Joey the lips

Carlow52 wrote: »

The issue here is the boundary line as shown on the site map/legal docs and where the fence/wall lies in relation to the boundary line.

As to the notion that you can have sole ownership of a wall/fence on one side of your garden and none on the other side beggers belief.

For example, take the side that you dont own, who owns the foundations to this wall?

Another example for the fence that u dont own, does the 'owner' have the right to trespass on the 'other side' for maintenance?

If u want to completely own the wall/fence, all of it, including foundations, need to be inside the boundary line

Thanks its not my notion its just a query as my neignbours are in dispute and I am just interested in knowing how it actually works. That is all.

So essentially My neighbour can slab and plaster and paint the wall on there side cause its a dividing wall even though they did not build it?

Is there anything to back this up... Not that I doubt you its just interesting!

ps my neighbours and not me I am a few doors away I am just interested

Jimbo

If the wall is centred on the boundary line, it is a boundary wall.

If you built it, it should have been with their permission.


Why would you have a problem witht them slabbing or plastering the wall on their side anyway?

If they are causing no structural damage to the wall or not interfering with your side, I don't think you can stop them.

Joey the lips

Jimbo wrote: »

If the wall is centred on the boundary line, it is a boundary wall.

If you built it, it should have been with their permission.


Why would you have a problem witht them slabbing or plastering the wall on their side anyway?

If they are causing no structural damage to the wall or not interfering with your side, I don't think you can stop them.

I have no problem at all but 2 of my neighbours seem to.

Mellor

Just to answer the questions one by one.

Joey the lips wrote: »

Hi Folks

Have a query on garden walls, technically they are boundry walls right. How does the law work on them.

They aren't always boundary walls.
There is a legal boundry, if a wall is built directly on this it is a boundry wall.

1. Because there was none when the house was built does your neighbour still own one side

If it was built on the boundry yes.

2. Can a neighbour hang baskets etc on the garden boundry wall if they did not build it

Yes

3. Can they plaster the wall if they did not build it.

Yes

4. Lastly if one side of the wall is made of expensive brick and the other made of standard brick have they both to share the cost when clearly they are both not getting the benefit

How the cost is shared is up to them. and would depend on what they agree on.

If both parties agree to a wall being built on their shared boundry, they can;

• Share the cost of the wall evenly (boths sides the same)
• One pay more of the costs (where they are using a better brick on their side)

If one person does not agree to a boundry wall, then the person that wants to have a wall may build a wall inside the boundry. with different materials on each side. but would have to pay for it all.

time lord wrote: »

Only a small bit of help here. on some schemes I dealt with the walls were built with piers only petruding on one side. Everyboby owned the wall out to their left with the piers in their garden. The ones on the right were owned by their neighbour.

The same went for the front timber fences. The side with the steaks owned that fence.

Not much help but it what I came accross.

Not much help indeed.
Not a single word in that is true, piers have no reflection on who owns the wall. If its on the boundry it's shared, if its not, then it isn't.

Penn

Spot on as far as I can see.

Basically, if its on your land. Its yours. They can't touch it.

If part of it is on their land, you need their permission for it, but the cost is to be decided amongst yourselves. They don't have to pay for it if you're the one who wants it. But any part on their land, they can do what they want with it.

Allowing them to do what they want on their side of the boundary wall could encourage them to pay towards the costs. How evenly the costs are split are between yourselves.

As for your other neighbours objections, unless the new wall would be blocking their right to light or something like that, I don't think they can do anything about it. Obviously, I don't know what the dispute is about or how serious it is though.

Long story short, talk with your adjoining neighbour. See what they want to do. If you keep them involved, whatever you decide to do should run a lot smoother