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Neighbour won’t agree fence line

31 replies

LondonNQT · 12/12/2022 11:53

We are in a typical London terrace - both houses have extended the kitchen, however, when they neighbours extension was done (by a previous owner) the didn’t build up the party line. Their extension is stepped ‘in’ roughly a metre from the party fence line.

The fence between us was removed when our builders did our kitchen extension, however, for various reasons we now have no evidence, or measurements, of where the first fence post should go. We need to resolve this in order to wrap up the party wall side of things and our builder will soon finish snagging, so needs agreeing now.

Neighbour suggested (option C, which isn’t drawn quite right) - the fence line should go from the very last post at the ends of our garden to the corner end of our extension.

Husband went back and suggested option A) - follow the existing fence posts, as these will not all have moved, and then run from the last original fence post closest to the house to the party wall line on the original buildings. While our extension starts from the party wall line it begins to deviate from the party fence line quite quickly, as we preferred a right angle on the extension. He also suggested option B - that we take the average line from the fence post at the end of our garden through to the party wall line on the original houses.

Party wall surveyors are refusing to suggest what line this should take and the fence is jointly owned but neighbour is refusing to engage. Husband has previously asked neighbour if they could meet outside to agree and mark up the line, which has been refused.

What are our options? And what is the general consensus on what is most fair here? Neighbourly relations are poor.

Neighbour won’t agree fence line
Neighbour won’t agree fence line
OP posts:
pinneddownbytabbies · 12/12/2022 16:04

Putting a fence up does not legally change the boundary, you just both need to agree that some of the land fenced off belongs to the other party. Do get it in writing though, and ideally take photos as well. You would need that when either you or they come to sell.

I've had about 9" of my neighbour's land in my garden for years. We both agreed it was the most sensible place to put the fence (due to where their garage is situated), and we both know where the boundary actually lies.

caramac04 · 12/12/2022 16:12

Rollercoaster1920 · 12/12/2022 15:34

You need to fence as per deeds or you'll both hit issues later on when you try to sell. To straighten a non straight boundary line would require a transfer of land process to keep it legit. I bet your neighbors don't want that agro after building disruption. Keep it simple and just replace the last panel.

Exactly this. Other lines might seem clearer but always go with the deeds unless you want to make any change legally

LIZS · 12/12/2022 16:14

Does Google aerial view show where the fence was pre extensions? Your vent should not discharge onto or overhang their property.

CasperGutman · 12/12/2022 16:15

As @pinneddownbytabbies says, there's no reason you need to build a fence along the whole boundary - that would just leave you with an awkward little triangle. There's nothing to stop you building the fence along the boundary line* but then stopping near the corner of your extension. You could then agree that the rest of the boundary runs from the last post to the party wall line but that this part won't be fenced and the little strip of land can be used by your neighbour, this arrangement being by permission only and continuing only with your consent. You might want to get legal advice about this though!

*i.e., on an alignment towards the party wall line - I wouldn't entertain the neighbour's idea that the whole boundary should be realigned towards the corner of your extension where it's stepped in on your side of the party wall, if that's what they're trying for!

LondonNQT · 12/12/2022 17:20

Thanks all - apologies for the drip feed!

That's exactly what they’ve proposed @CasperGutman

Agreed @LIZS - will have another look at Google as maybe we could extrapolate some measurements from it.

Exactly @Rollercoaster1920 and @caramac04. Next step will be to send a pdf of the deeds with our next comms and possibly measurements from Google.

From discussions with our party wall surveyor it appears our next steps, if they won’t reply to emails, is a letter by registered post from a solicitor. I guess we could just put the fence back and wait for them to explode/take us to small claims court. Less keen on that one…

OP posts:
LondonNQT · 12/12/2022 17:26

@GrannyAchingsShepherdsHut - the drawings need the descriptions in the original post to make sense. Sorry!

Option A puts up a new fence but keeps the fence posts in the same place as they currently are. Option B is a clever mathematical equation that draws an average line to even up the wiggly fence. So for example, they might lose 5cm at the end of the garden but gain 10cm closest to the house (as opposed to us being the only ones to lose land as per option C). Think of a trend line on a scatter graph.

OP posts:
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