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Implications of neighbour's extension

8 replies

bramblemoon · 08/07/2018 11:08

I live in a semi-detached bungalow. Next year, my neighbour is going to erect a 3-metre single-storey rear extension, to which I don't have any objection in principle. We haven't got as far as party-wall agreements yet, but I wondered if anyone knows the answer to this one concern of mine:
The boundary between our gardens is currently formed by a 6ft wooden fence. Along my side of the fence, I have a border of flowers, shrubs and climbers. When my neighbour builds his extension, I presume it will be right up to the boundary and that part of the fence will have to be removed. What are the implications for my shrubs? Will he be able to object to my plants growing up his wall?
I have always understood the fence to be mine (certainly I and my parents before me were the ones who maintained it and replaced bits of it when necessary), but when I look at the house deeds, there's no actual indication of the fence's ownership. I don't know whether that would be relevant.

OP posts:
Limpopobongo · 08/07/2018 11:10

I think you need to take formal advice. In my view the fence will remain and there should be no intrusion into your land. The guttering of their extension should align with the fence,not their wall,, i could be wrong.

You see if the fence came out and they built up to the fence line then any overhanging roofing/guttering would be in your airspace..

SpaceBergerac · 08/07/2018 11:41

Are you on good terms with your neighbour? If so, just pop round and have a chat about what they're planning and what your concerns are. We're starting our extension in the autumn, it's stepped back slightly from the boundary and we've talked through with our neighbours how to manage the fence/hedge that's currently there and what their preferred options would be. Good neighbours are worth their weight in gold so we are keen to make sure we minimise disruption to them. Hopefully your neighbors will think like that!
Have they got plans drawn up yet? That should indicate how close to the boundary they are building.

AmazingGrace16 · 08/07/2018 11:46

We are currently building a very similar extension and our neighbours had similar concerns. They didn't really want a building by their patio and had grown some lovely plants etc. They didn't want to particularly see a brick wall over their current fence.
It was no problem for us. We just moved our wall in a few inches.

NC4T · 08/07/2018 11:53

The fence should remain as pp said, their guttering will form the boundary line, so the actual wall should be stepped back a bit.

bramblemoon · 08/07/2018 16:50

Thanks everyone for those replies. I don't see very much of my neighbours except for the occasional passing greeting, so I don't know yet whether they'll turn out to be lovely people or awkward customers - hopefully the former. You're right - I'll need to chat to them about it. I just want to be sure of my legal position in case they turn out to be the latter.

OP posts:
Smallinthesmoke · 08/07/2018 16:54

When we built an extension, our neighbours preferred that the wall formed the boundary (with recessed guttering). The planning permission department did double check with them.
So decide what you prefer then go and talk with your neighbours about their plans.

GladAllOver · 08/07/2018 17:09

It's important to agree with them who owns the fence. If it's theirs they can replace it with the new wall. If it's yours you can insist that they leave it alone and build their wall on their side of it.
Check which side of the fence has the posts and any bracing. The usual presumption is that is on the owner's side.

JellySlice · 08/07/2018 17:33

The direction in which the fence faces does not indicate ownership of the fence. It is conventional that the arris rails are on the owner's side, but not a rule. Unless specified in the deeds, the fence belongs to whoever put it up.

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