Legal issue regarding building wall in back yard??

talla10

Hi all quick question hope somebody can advise. I am getting my garden paved and this work includes building a wall in the front garden to the back and removing a wooden fence that is currently bordering myself and my next door neighbour. The fence is in between our gardens and i want to remove this and build a wall on the boardering space.

My neighbour doesnt want a wall built and is giving nothing financially towards this work. If push comes to shove can i simply proceed without my neighbours permission the wall will be same height as the fence and the builder assures me his garden will not be impeded in any way. does anybody know if i can get on with it if neighbour keeps putting obstacles in the way, thanks

slimjimmc

IMO* you first need to determine the location of the fence in relation to the boundary line.
If the fence is on his side or straddles the boundary then I don't see how you can tear it down without his explicit agreement. However if the fence is on your side then I doubt the neighbour can prevent you from taking it down so long as you don't have to enter his property to do so. In that case you can go ahead and build your wall so long as no part of your wall, and that includes it's foundations and cappings, cross the boundary line and your builder doesn't need to enter the neighbouring property for any reason.

You also need to consider any damage you may cause to your neighbour's property during construction, particularily if he has a lawn or plants along the boundary.
For example digging foundations with a mini-digger close to the boundary can disturb the ground on the neighbour's side. No matter how careful your builder is the action of dragging a digger bucket through the ground will cause the soil along the edges on both sides of the hole to be become raised slighty and can damage a lawn or flower beds. You might consider it minor but your neighbour might not.

BTW, I wouldn't pay too much heed to the builder's reassurances, he's won't have to live with the consequences.


* common sense advice only

FreudianSlippers

AFAIK this is correct. Go to the land registry and see if you can find out your exact property lines. You can then proceed from there - you may end up having to build the wall on your property, behind the fence so to speak.

nuac

If you are on an estate check your deed of transfer - it may contain covenants about the height of boundary walls etc.

Check your planning permission. There may be conditions about boundary walls between sites.

Even if there is no condition, you need planning permission for a wall higerh than 1.2 metres in front of house and 2 metres elsewhere.

Also check if it is a party wall - the position re this would be stated in the replies to the requsitions on title when you bought the property.

try to talk it out with your neighbour. Evenif what you do is technically correct legally, it is more important to have a good relationship with your neighbour.

good luck

talla10

cheers for all the good advice really apreciate it managed to sort it with the neighbour so everybodys happy!