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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2451
Experience:  Over 5 years in practice.
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Our neighbours house and ours are terraced and adjoining .

Customer Question

Our neighbours house and ours are terraced and adjoining . In the past both houses added rear side returns with slate roofs above our respective kitchens . in-between the adjoining returns 2 is a shared gulley to take rain water. But some years ago the neighbours then added a rear extension
If a line is taken from the mid point of the back of the two houses across the gulley and to the end of the garden fence which separates the two houses ( the fence has been in that position for years) then it appears that all of the gulley is on our side and that their rear extension is on or close to the boundary line - though with no party wall agreement at that time
We now wish to build a rear extension but the neighbours wish us to have a boundary line at one angle to the end of both rear extensions , then at a different angle to the end of the garden fencing
Question is - should it be just one boundary line from mid point of back of houses to end of fence ? or can it be two at different angles?
Question is that the neighbours wish us to
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

Is there a problem for you with what they are proposing or are you just asking about the legalities?

How is the boundary represented on the title plan?
Customer: replied 3 years ago.

We wish to build a rear extension .They say the line to the end of the water gulley is the boundary line and if we build to our plan we will be over this line i.e. on their side . They will not accept this - though they want us to take all the gulley rain water as their roof is built in such a way it is higher than the gulley


But if this line they claim to now be the boundary is continued it to the end of the 25 foot garden fence ( which they are responsible for and has not changed position) then it would mean the existing fence should be move 3 feet inside our current garden - which is only 16 feet wide


They have not asked for us to do this but I am worried they might and also the issue is preventing us completing the job


 


In the title plan it is a red perimeter land to end of garden across back of garden and up other side of garden.House were build in 1896 so the Land registry line is a bit thick to be too specific

Expert:  Remus2004 replied 3 years ago.
I am sorry but I cannot visualise the layout. I understand the rear extensions and their extension is right on the boundary line which means that the gulley is on your side. What is confusing me is the various angles that you refer to.

Is it possible to send me a sketch please?

If you send the link to this question thread and put my name on it and send it to

[email protected]

then the mods will forward it to me. I may not get it until tomorrow now.

Thank you