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Original poster

Garden boundary: is my neighbour being cheeky or should we cough up?

32 replies

ChristinaRussell · 22/10/2019 17:53

We live in a semi, the other half of which was bought over three years ago but, due to a combination of the new owner's slightly OTT plans and a council planning dept from hell, has been unoccupied all that time and going quietly to seed. We have done the party wall agreement and are basically girding our loins for the horrendous, full-scale building work next door which will take months (and both DH & I work from home).

Currently the fence dividing our back gardens is in a state of extreme disintegration and has been for a few years. It needed replacing when he first bought next door (I'd come to an agreement re replacing it with the previous owner) but we held off because he was planning so much work. That part of our garden (and it's a town garden, so not huge, and this part is fully visible from our back windows) is looking really scruffy but we haven't been able to do anything because we've thought that at any time it's going to get trampled on by builders. His plan is to build a rear extension with a wall continuing on from that which will replace the fence.
The neighbour now says he's hoping to start next month. I'd emailed him today to tell him that we were going to go ahead and have our front garden landscaped because we couldn't wait any longer, and we really wanted to do some work to the back too. (By this I meant tidy up and re-do the planting, not build anything). He's just emailed me to say that he wants to build a brick wall along our front & back boundaries and did we want to contribute?! Now, through all the various meetings we've had with him and his surveyor (taking up OUR time for HIS sodding building work) he has NEVER mentioned our making a contribution. I don't know who has legal responsibility for the boundary - I need to dig out the deeds - but even if we do you'd think he'd waive that considering the inconvenience we've already suffered and will continue to suffer throughout the works?
Also, from getting quotes for our front garden I know that brick walls are very expensive and were we to replace the boundary at our own expense we would settle for fencing panels and/or timber.
So, would we be unreasonable to give him either a flat 'no', or offer to pay half the cost of a wooden fence? (By the way this was the arrangement we came to with the previous neighbour).

I think he has seized on the fact that we are doing our own work, completely over-estimated how much we are actually planning, and is trying to claw back some of the undoubtedly exorbitant cost of his own renovations. I think he owes us a f* of a load of goodwill and if he wants a fancy brick wall he should bloody well pay for it.

Sorry this is so long & convoluted - happy to give clarification if needed.

OP posts:
GreenTulips · 22/10/2019 17:59

He wants a wall - he pays

Make sure it’s on his side of the boundary

CaptainTurdseye · 22/10/2019 18:05

You need to check whose boundary it is. I wouldn’t pay for a wall that he wants. If it’s your boundary it needs to be on his side

MellyNotSmelly · 22/10/2019 20:26

I wouldn't go down the rabbit hole of who owes who how much good will. Put that to one side. Simply, no you are not under any obligation to pay for half an expensive wall you don't want. Offer half of the fencing cost.

Personally I think I'd want fence all the way down my back garden, rather than his extension wall for half of it, but that is another question.

littlemeitslyn · 22/10/2019 20:33

Yes to not smelly

Original poster
ChristinaRussell · 22/10/2019 20:43

Thanks - I definitely don't want to start scoring points as it's all been very good natured so far.

OP posts:
johnd2 · 22/10/2019 22:39

Yeah I'd say no one has an obligation to pay for or build any boundary feature, and if it's on the party line the neighbour would need to give notice. But they can build on their side at their cost fine.

Movinghouseatlast · 23/10/2019 05:55

He can actually build a wall right up to the boundary of he wants, it doesn't have to be all on his side. My neighbour did this, his extension replaced the fence and became the boundary feature. We moved, it was utterly heartbreaking..

A wall will be thousands. If you have had conversations with surveyors you must know whose responsibility the boundary is?

SuperMeerkat · 23/10/2019 06:07

I definitely wouldn’t pay for a wall if not agreed or wanted. 50% of fencing panels at a maximum.

MaybeitsMaybelline · 23/10/2019 06:52

Just say no thank you, a wall isn’t in our budget. Make sure any balls on the boundary so have a gutter overhanging your property.

MaybeitsMaybelline · 23/10/2019 06:52

Oops walls not balls,

MaybeitsMaybelline · 23/10/2019 06:55

Is someone builds a wall right up to the boundary surely it is all on their side right? The boundary is the divine line, so building it right up to the dividing line is still on his side.

MaybeitsMaybelline · 23/10/2019 06:55

Divide not divine. Bloody iPad.

wowfudge · 23/10/2019 07:35

Yes, that's right maybe. If both parties agree, it can be built so the boundary dissects it along the length, i.e. half the wall is in each garden with the boundary line running down the middle.

Collaborate · 23/10/2019 07:51

You are under no obligation to contribute a penny. You mentioned there is a Party Wall Agreement. That should say if you should contribute towards the cost. I'd be staggered if it said you had to. Your neighbour's extension plans should not put you out of pocket.

Original poster
ChristinaRussell · 23/10/2019 20:04

We had extensive conversations with the surveyor while sorting out the Party Wall Agreement months ago and at no time did anyone mention our contributing to the cost of anything. I think he's seized on us now doing work of our own and is trying to claw back some money because his renovations will be costing a couple 100k at least. Our budget is about 20k to do a bit of tiling, painting and some landscaping in the front garden.
Anyway I emailed his back today - yet to have a response:

"Hi Neighbour,

Re the wall: in a nutshell, if you would like a brick wall then please go ahead, but if we were to replace the back boundary then it would be like for like - this was what we agreed with X, the previous owner of your house, before he decided to put it on the market.

You are possibly overestimating the work we intend to do in the back garden; basically we would like to make up for the 3 years of enforced neglect (while we expected builders to require access at any time it was pointless to expend any time or energy on that area) so we are simply planning an extensive tidy-up and re-planting, nothing structural, and even this would have to wait until your contractors have finished.

In the front we are completely re-landscaping, but to be honest a brick wall doesn't fit with our planned scheme, which is designed around black-painted timber, so we will probably go for a boundary more sympathetic to that.

Should you go ahead with your wall, as it would be wider than the existing fences we'd really appreciate it if it were within your boundary so that we have room to construct our own fencing if necessary.

Best wishes,"

OP posts:
MaybeitsMaybelline · 23/10/2019 20:34

Perfect!

ListeningQuietly · 23/10/2019 20:37

Who is responsible for that boundary divider ...
in my road we each own our North fences.
We are not allowed to touch the south one as it belongs to the next house

Movinghouseatlast · 24/10/2019 06:32

Very good response! Do be aware that's is within his rights to build the wall on the boundary line. Which in effect means putting a fence in front of It loses you a few inches of garden. Legally, If he is responsible for the boundary feature, ie the wall, you can't attach anything to it.

It is this very situation that almost have me a breakdown and made us move as our neighbour built a huge wall right up to the boundary, destroying our fence and plants all for the same of a couple of inches. If he had built it within but not up to the boundary we wouldn't have had months of hell. Hopefully your neighbour isn't a psychopath like mine was!

Collaborate · 24/10/2019 23:13

Do be aware that's is within his rights to build the wall on the boundary line. Only if OP agrees, otherwise it must be wholly within the neighbour's boundary.

Movinghouseatlast · 25/10/2019 09:37

Believe me Collaborate, he can replace the boundary feature with a wall. I know this to my cost, I really do.

If it says on the deeds that he is responsible for the boundary feature then he can put a wall there. I had the boundary feature replaced with the wall of an extension and there was nothing I could do.

sheshootssheimplores · 25/10/2019 09:39

I like your email!

Collaborate · 25/10/2019 12:57

@Movinghouseatlast That honestly is not the case. A party wall that straddles the boundary can only be replaced with a similar structure. To do otherwise would amount to trespass.

A boundary structure need not straddle the boundary. It can be built up to, but not on, the boundary. In that situation either side of the boundary can build whatever they want subject to planning regulations.

ListeningQuietly · 25/10/2019 13:35

Collaborate
The point is that if the neighbour owns the boundary divider
they are within their rights to replace a 3 foot garden fence with a 6 foot wall
and there is zilch you can do about it.

Collaborate · 27/10/2019 14:29

If the neighbour owns it the wall, by definition, stands wholly on their side of the boundary.

MrsFezziwig · 27/10/2019 14:40

Think what Maybe was saying is that if their new wall included overhanging guttering then it should overhang their own land, so they would have to leave space for it & couldn’t build up to the boundary. I have just such an arrangement.