Garden fence

[thegcatsmother]

I found a couple of builders taking photos of my elderly Mum's garden fence today. When I queried who they were and what they were doing, I was told that they were building a garden wall next door, and that my Mum's fence was to be removed. When I queried if they had bothered to talk to my mum about this, the neighbour suddenly appeared and said that she hadn't yet spoken to Mum about it.

My queries are:
1: The neighbour has damaged the fence by growing plants against it, training plants up it etc, so it is bowing into her garden. I fail to see why my elderly, and infirm mother should have to pay to put this right.

2: Can the neighbour build the wall without removing my Mum's fence? Is a party wall surveyor required (from having had a quick look, it might be).

3: If yes to the party wall, then I understand that at least month's notice is necessary?

4: Mum has recently had a fall, and has other medical issues ongoing and I don't want her to have to deal with this neighbour if possible, as she is unpleasant and pushy and will decide unilaterally to go ahead with the work. I want to prevent that.

Any advice gratefully received. Thanks.

Are they asking your mother to pay or are they simply replacing the fence with a wall on their property at their own cost?

They can build within the boundary and leave the fence. I don't think PWA applies unless the footings are deep and close to her property.

So far money has not yet been mentioned as we only found out about this today. I think the plan is to bounce my Mum into saying yes. The neighbour looked somewhat peeved when I started asking questions this morning.

Mum does not want her fence to be taken down, so I assume that the neighbour can just build up to the fence, without the fence coming down. I am not concerned about making things easier for next door's contractors; not my circus, not my monkeys.

I am worried about foundations harming Mum's patio or causing further damage to the fence.

The houses are terraced, with the fence in question running from the line between the houses up to the back fence. It divides the gardens/patios.

Thank you for the responses. It is just another thing to deal with, having to spend a night unexpectedly at Mum's as she rang me in pain last night, and then the doctor from 111 ringing at 0300 and turning up at 0500. I'm a bit short on sleep.

You need to find out who the fence belongs to. Refer to her house deeds. If it is your Mum’s they cant touch it without her permission. If it is theirs they can replace it without her permission.

Imagine a line down the middle of where the wall will be

A party wall agreement is required if they build a wall which will be on each side of the line into each neighbours garden

If they build a wall on their side of the line only then they don't require a party wall agreement as they haven't encroached on the neighbours land.

@QuizzicalEyebrows

Imagine a line down the middle of where the wall will be

A party wall agreement is required if they build a wall which will be on each side of the line into each neighbours garden

If they build a wall on their side of the line only then they don't require a party wall agreement as they haven't encroached on the neighbours land.

This. And you can insist on a formal survey at their expense. If it a shared fence my understanding is it's a mutual cost and by mutual agreement. I would make your position clear in writing to the neighbour and that you will pursue for damages if there is any patio/garden/house damage and fence/wall removal if built on the party wall line without a party wall agreement.

If it is your mum's fence then they cannot simply remove it.

First: Check who is responsible for that fence.

Second - work out what is allowed.

Order an official copy of the register from the Land Registry. If it refers to an older transfer then also buy a copy of that one too (probably will come in the post in a week or so). On those documents they might have details about who is responsible for which boundary fence. Either in words or as a T on the boundary line. Equally there may be no clarity at all! Then you have an ownership position (although it sounds like your mum is pretty clear she owns the fence - it is good to have official documentation).

The neighbour could ask to build a garden wall over the boundary. Your mum could say yes or no.
The neighbour should issue a party wall notice - have a read here: www.legislation.gov.uk/ukpga/1996/40/crossheading/construction-and-repair-of-walls-on-line-of-junction

As part of that they may be granted access to your mum's land to build the wall, but she can refuse for it to be on her property- i.e. fully built on the neighbours land.

Many people don't issue a party wall notice, and the process is an ass for adjoining owners in my experience.

The best thing to do is to actually speak to the neighbour now and ask what they intend to do. A wall could be quite nice and mean your mum doesn't need the fence (essentially getting a slightly larger garden).

The neighbour said Mum owns that fence, and I will check the deeds for both houses, as we have had trouble with the neighbour previously trying to filch parking spaces owned by other properties. When challenged on that one she said she owned the space, and when I pointed out her deeds didn't say so, she was most indignant and very cross I had a copy of her deeds.

Having looked this afternoon, the neighbour would have trouble building the wall on her land, as she has a conservatory, and any wall would block one side of it. I don't think Mum will allow it on her land, and neither will she allow her shed to be taken down to help.

If it's your mums boundary and the neighbour wants a wall they can just build one one their side. I'm sure they can work out how to fit it in with the conservatory. It's not for your mum or you to give them answers. Well, apart from it's not your boundary so leave the fence alone