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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16932
Experience:  I have been practising for 30 years.
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Please could you help me. My neighbour has erected a wall

Customer Question

Please could you help me. My neighbour has erected a wall without my permission also moved the boundary fence back
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I agreed a tiny small walk and his property is higher up. I said from the very beginning the propert has to look the same. He’s also erected or is putting up a fence on top of the wall. He’s also come into my property and built up a bank of soul and mortar on my side
JA: Where is the property located?
Customer: I am at my wits end. Middleton Manchester
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Do I need to send pictures
Submitted: 8 days ago.
Category: Law
Expert:  F E Smith replied 8 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need sometime to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I havenot forgotten your question.

can you upload pictures using the paperclip symbol above?

how long have you been there and neighbour?

do you feel threatened?

Expert:  F E Smith replied 3 days ago.

It would assist me if I had some further information from you but meanwhile I will tell you as much as I can.

It’s difficult to imagine the scenario.

He can only put anything on top of the wall with your consent if the wall is jointly owned. If it’s his wall he can do what he likes provided whatever he constructs is not higher than 2 m. The 2 m runs from your property which is lower, not his!

He obviously can’t do anything if the fence is all on your side.

Firstly I will mention that there is no legal convention that property on one side owns one boundary in the property on the other side owns another. There is also no legal convention that the property that has the “good side” of the fence is the owner or vice versa.

Fences and boundary walls can be in 3 positions.

You need to remember that the boundary is a mythical pencil line on the ground.

So the boundary feature (wall or fence) can straddle the boundary line or can be all on your side oral on the neighbour’s side.

If it is all on the neighbour’s side you cannot touch it and vice versa.

If on the other hand it straddles the boundary both of you can attach things to it but neither of you can demolish it without the consent of the other. Nor could it be rebuilt without the consent of the other.

The reason for this is that anything which is attached to the land becomes part of the land. Therefore anything which straddles the mythical boundary pencil line is half owned by one property and half owned by the other and it’s impossible to separate the two.

It actually doesn’t matter who put the boundary feature up, the half which is on the neighbour’s land becomes the neighbours.

Even if there are T marks on the title deeds denoting responsibility for a boundary feature, that only applies at the date the deeds were drawn, things can change later. Although the marks may impart responsibility, it doesn’t put a liability to keep the boundary feature in good repair unless there is a separate covenant stating so.

With regard to him coming onto your property, that is trespass and you can stop that.

However it does require an application to court for an injunction if he doesn’t respond to a letter asking him to stop.

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court. Unlikely, but do check.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

Please note that my answer is based strictly on the information that you have given me. If you have not given me all the information, then my answer may be incomplete or wrong.

I am happy to answer any specific points arising from this.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”

You don’t need to do it on this thread, just a new thread. You have me exclusively on this one.

Thank you.

Best wishes.

FES