Land question - neighbours

[beachysandy81]

We have built an extension just within our boundary so there is about a 6 inch gap and then the boundary fence which belongs to our neighbour. The neighbour wants to to take his fence down where the extension wall is, put it to the end of our extension wall and build his patio up to our extension wall.

I have no problem with this as we can't really make use of this tiny space. However, I am wondering if we have to give the land officially or whether we can just let him use the land? Would just letting him use it cause issues when selling?

Yes it will cause issues! Don’t do this. You’d need to officially change your deeds. It’s much better having a slip of land beside your wall. Your wall becomes the boundary! What if they damage it? Use it to kick s football against? These neighbours may sell to some assholes. Does it not make the boundary line all bent and awkward?

I would not do this.

Agree with above. Don't do it.

Hi I wouldn’t do this precisely for the above reason. Imagine a ball being kicked against the wall all summer.

I would not let them have/use/buy that little bit of your property.

CF neighbours of ours planned to do similar at a previous place we lived. They didn't discuss it with us and it wasn't until their builders came round to ask what was happening about our roof that we realised they planned to build their higher extension wall on top of our wall. Luckily we had both documentary evidence and a good plan showing that the wall was ours and entirely on our land. They ended up having to have a whole wall built with about a three inch gap between their wall and ours!!

Naturally we made our our purchasers very aware of this when we sold up!

Thanks for the responses.

The rest of our house is the boundary (so balls and damage to our wall are risks anyway) so it is just the fence part that sticks out a bit from the back of the original house if you see what I mean.

We have the same situation on the other boundary in reverse and our fence has been moved down after their extension even though the plans show the fence being higher up, so we essentially are using part of their land but don't officially own it. This never came up when we bought it and I only noticed this now as I looked at the plans again (extension and fence done before we moved in). It also looks like a similar case with others than have done extensions in our road.

I'm wondering if we can get an official letter letting them use the land but not giving them ownership so if future residents are a pain we can put the fence back up?

Starfish - sorry just saw your response! That has made me feel I definitely don't want to give over the land officially!!!

No, no and no again! Don't give anyone permission to use your land - it could cause all kinds of complications and ultimately devalue your property.

As it is their fence, can we actually force them to keep that part of it up though, especially as no one else on the street seem to have (including us)? I feel we would be seen as petty as everyone else seems to have just move the fence down when they have extended? We also need access to their land to complete our build.

you can't force them to keep the fence but you can put one up within your boundary

Complete your build then address their request - easy enough to say you think you need to see exactly what things will be like on the ground before making a decision.

Actually, giving people permission formally to use your land is way better than not giving them permission and them doing it anyway. Permission granted can be permission rescinded and they can never start the clock ticking for an adverse possession claim.