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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10395
Experience:  I have been practising for 30 years.
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My neighbour has filed permission to build a garage; to this

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Good morning.
My neighbour has filed for planning permission to build a garage; to this I have no problem. However he informed me yesterday he intends using my outer garage wall as one of his internal walls for his own garage, can he do this?
My garage was constructed by the previous owner of the property and stands within the boundary of the property, the neighbour has already claimed the 100mm of boundary (with or without permission I am uncertain) as no fencing was re-erected meaning that my garage wall now forms the boundary.

I don’t know what you mean when you say the neighbour has claimed the hundred millimetres of boundary. The boundary is an imaginary single line.

If your garage wall is absolutely right on the boundary, he can build right up to it but not attached to it. For practical purposes therefore, he cannot do what he is proposing.

If however your garage is slightly offset over the boundary towards you, then he can only build up to the boundary which may leave a slight gap.

What you might want to do is tell him that you will agree for him to do this provided he gives you a chunk of money and pay for any legal costs. What he’s trying to do is save the cost of one garage wall and also gain that little bit of extra width.

Can I clarify anything for you?

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Best wishes.


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Customer: replied 1 year ago.
Thank you for returning with an answer to my question promptly,
The boundary is an imaginary single line set by the local authority where fences etc. can be erected, this is clearly indicated. My garage is 100mm within my side of the boundary.
As well as speaking to my neighbour, should I inform the local authority of his proposed intentions?
J. W. Howe.