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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 5935
Experience:  Senior Associate Solicitor
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Bungalow adjoining new extension on our side neighbours have

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bungalow adjoining new extension on our side neighbours have said we have broken the boundary line by our guttering and new soffits the guttering takes water away from both roofs they are demanding a new boundary line be drawn up in their favour by moving the garden fence several inches
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no not yet they are demanding we draw up an agreement which confirms we have broken the boundary line and replacement of fences we haven't actually been up and measured it as yet (tomorrows job) all this has been done by naked eye so far
JA: Have you talked to a lawyer about this?
Customer: no not yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: where do we stand ?? what can we do ??

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

You would need to involve a surveyor to deal with this - I would not recommend you draw up a boundary line yourself. So if you locate a suitable surveyor, ask the neighbours to bear half of the cost of the surveyor. That should sort the problem and if it does not, you may have to explore mediation as a form of alternative dispute but that takes both to agree to participate for it to work. You can say to the neighbours you are not a property expert and that a surveyor needs to be involved - remind them if they took this to court then the court would expect such a report to be obtained in any event.

I hope this answers your question – if so could you please click 5 stars at the top of your screen, that will give me a rating on the site and I can answer any follow up questions at no extra charge.

Many thanks,

Jim

JimLawyer and 4 other Property Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you. I don’t think they will agree to that. But we can try

They may not but like I say their court action will fail (if they do issue a claim) without a surveyor's report

Customer: replied 1 month ago.
They are also disputing current fences and want to change those back one same fence but moved to the original property line. Current one already sits on line ? So not sure why they want to move it ? Except it gains them more garden. The front fence they want to change from a 3ft one to a 6ft one ! Which we don’t want. It isn’t in keeping with the rest of the street. Oh and we have to pay half for the pleasure of it

Yes I can only think they want more space on their land as you say. The boundary line needs to be as per the plans otherwise you can sue / apply for an injunction against them. The surveyor (being independent) should resolve this anyway

Customer: replied 1 month ago.
There may be a possibility that the new gutters in our side may overlap onto theirs. Originally there was a down pipe that took the water away from both roofs. During the build and whilst we were away in holiday they refused to have the pipe back. Hence the guttering had to be changed to accommodate this. They now are claiming that we have breached their boundary line
Customer: replied 1 month ago.
There may be a possibility that the new gutters in our side may overlap onto theirs. Originally there was a down pipe that took the water away from both roofs. During the build and whilst we were away in holiday they refused to have the pipe back. Hence the guttering had to be changed to accommodate this. They now are claiming that we have breached their boundary line.