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Questionboundaries, whos side is whos??
We're due to start on a small extension to the front of a property, the next door neighbour, on the right as you look at the front of the property is one right misserable git and is saying we're not to touch his fence or enter his property!! we need to dig footings out and really could do with removing the panel, aswell as trying to point brickwork up - single story extension.
Could someone tell me what boundery is "our" clients, left or right as if looking at the front of the house... I'm hoping i can rip the panel of and shove it up his......!
Technically the 'party wall' runs exactly through the middle of the side no matter who says who owns it. If he is difficult and will not allow you access on his land then the extension will have to be built from your side in the overhand style where the brickies build and point from the inside. The Party Wall Act does allow you to access your property for repairs to your property , however this has to be with his agreement.If he is an awkward old so an so then he will never agree. It's back to an Englishmans home is his castle stuff. As regards the fence your are able to remove it for your foundations but I would advice you mark it's position with a marker line or stringe guide the length of the property and replace it exactly.
Best plan is to try and get some sort of relationship going. I have built a garage extension like this, the neighbour would not allow any scaffold legs etc on his property, so we built it from our side, it's a pain but still can be done. Remember the wall you are building won't sit right on the boundary as you will need the roof and fascia /guttering overhang, so the foundations only need to be up to the boundary line. regards Mark
Pro Finishing Services 3rd Apr, 2011
Its a bit awkward when you have neighbours like this, I take it you are the builder doing the extension for some one else.
Has your client got the boundrys/ fence lines on his deeds, or contact the Council.
We had a similar problem to this a few years back, a contractor was building an extension all to plan, when they returned next day the neighbour had knocked the walls down and threatened the brickies.
The contractor asked me if I would take over the brick work, the neighbour was adamant it was over his boundry, we called in the local planning officer who had passed the plans, after discussions it boiled down that the walls were in the right place and his argument was that the gutter would be in his air space.
To save arguments we suggested stepping it all back only 50mm which was ok, I also informed him not to kick our work down.
All went well even though he decided to cut the tops out of his hedge, so he could watch us, he used a long cane as a measure, when he went in for his lunch, I cut a foot of his cane, he now has a nice step down in his hedge.
But I suggest find out whos fence it is, explain to him that the extension wall wont encroach on his property, the solid wall will look better than the fence and maintainance free, also tell him if you can build from his side the brickwork and pointing will be a lot neater and benefit him, and agree to replace any plants etc damaged by you.
Best of luck.
B J D BUILDING/ROOFING 3rd Apr, 2011
The first place to look for boundary information is on your title deeds. (you can buy these on the internet if you like, see land reg .org) The ownership of the fence/wall (party wall) will generally be marked with a T. This could be on the left or the right or indeed towards any fence front or back. The T, who’s fence it is will be marked on plan and shown inside your boundary. The T does not mean you or they "own" the Boundary, rather you are responsible for the upkeep of materials that make up the separating line between the two properties. If you or your neighbour has at any time erected a fence on that boundary, then in general, they or you own the fencing or walling materials the make it up.
If any previous owner, and this could include the original owner/developer erected a fence or wall, then the ownership usually passes in title to the new owner. If there is no T, and this is quite common, then the boundary is treated as a general boundary. On your title plan you will see some notes with respect to this. If you were to scale the plan, say 1:1250, then the Boundary could be anywhere within 600mm or so when you take into account the thickness of the scaled line on the same plan. If the boundary is an agreed boundary, then this is an exact legal agreement between the two owners, past or present. This will generally spell out very exact description of the boundary, position, ownership and maintenance etc and is binding. In any case, you need to put a party wall agreement in place. This can be very straight forward if the two owners are on good terms ( and little or no cost) or a little more complicated if owners are not known to each other or not on the best terms with each other. In this instance a Party Wall Surveyor will need to be employed and you pay for the costs. You should serve party wall notice at least 2 weeks before works commence. You will need to do this in any case if you are digging foundations on the boundary or adjacent to it. this distance is generally 1 meter but can be further, depending on the overall depth of the foundations ( note undermining and 45 degrees). Hope this is of assistance.
Gannon CC 3rd Apr, 2011
as you look at the property im resonsible for the right hand side and my neighbour is responsible for the left hand side but all the information you require should be in the information you recieved when you purchased the property. while shoving the fence panel up your neighbours ------ may be fun.
its quite difficult to build an extesion from a jail cell
hope this helps
ADR PROPERTY MAINTENANCE 3rd Apr, 2011
boundaries are normally to the left of your property,so if the fence as you look out your door to the left is the 1 in question then i think youll find this is yours,then just overhand point that side as you go
substructure 2nd Apr, 2011
Hi the only sure way of knowing is from the house deeds or the council however this is not always clear ,there is no left right rule.And if he has paid for the fence panel then this also raises questions.You are also stuck with the problem of going on to his land is the fence on the boundry or on his side.I quite often come across this sort of problem with fencing and removing hedges the only way that seems to work is being as nice as possible, and eating as much humble pie as you can.Try to make him realise that you are only the builder trying to make a living, and it is the client who he is really angry with.And That he will benifit from a better looking job if you can do some of the work from his side.Good luck Pete.
Chapman Fencing & Landscaping 3rd Apr, 2011
As Far as im aware, you take ownership and are liable for the maintainence of the boundary line to the right of your property as you look at it.
You also take shared ownership of the boundary at the back of your garden with the house that lives parralell to you.
if you have had plans drawn and then approved by the council just give them a quick ring they will be able to tell you in no time.
Foxcroft Roofing and Building 3rd Apr, 2011
your title deeds should tell you who owns which fence/hedge as long as the property has been registered with the land registry, regardsTerry.
tm property services 3rd Apr, 2011
Hi you need to look at your deeds it should state on then which is your fence line
i have one property were it is the left hand side as you view the house and another its the right hand side. in scotland you both sides are jointly responsible for the fence line.
hope this helps, sorry cant help with the misserable git i take it that crossing his plam with silver would not help ether.
all the best dave
The Property Maintenance Team 3rd Apr, 2011
Hi. As you look at the front of a property, your boundary is normally the right and you are responsible for this side. There will be details of this in your mortgage deeds and associated paperwork which you should check.
Speak to your Architect as they will know about the rights when building an extension on the boundary.
Hope this helps.
NR Building Services 3rd Apr, 2011
Usually if the face of the panel is your clients side then it is the neighbours fence.
dougcusdenlandscapes 3rd Apr, 2011
hi if possible find boundary line and build just inside it that way your neighbor cant do anything as your inside your boundary even if its only 100mm
Lewis 7th Apr, 2011
the best way is to chat with your neighbour and agree to remove the panel/s and do the extansion,probably a new panel will make hi's mind and is only £15-50 the most expensive,looking at the house deeds wor waiting from the councill will just delay project
C.F.C Ltd 12th May, 2011