Neighbours Fence Touching Our Detached Property?

Question

We returned to find that our previously detached house had now been joined together by a fence.

For pictures, Plan & more info see link

http://members.lycos.co.uk/betterlife/

There was already a fence between our houses, but they decided to curve a new bamboo fence inside their back garden and then cement two posts close to our wall so that the posts are touching our wall, and then curve the bamboo round the final post.

We had hoped to add a water pipe (on our wall but in their garden), we cannot do this.

They have a pipe on our land (but on their wall).

I need to know can they build so close to our wall ?

Can we install a water pipe to provide an outside tap by running it down our wall (on their side of the fence), and do they have to grant us access to do it.

Thety are also building 2.2 metre high posts for a gazebo 50cm away from our fence. Can they do this ?

Answer 1

as far as im aware, i might be wrong but any structure has to be 1m from your boundry, check with your local council first though

Answer 2

I think you need professional advice on this one - you own a detached house and therefore it should remain so - I had a similar problem once and had to agree that they could come within 3ins of my house - - I would also have ther pipe removed they are taking liberties - As to the gazebo again this needs checking out   good luck

Answer 3

maybe go and speak to the C.A.B or a solicitor and see where u stand, i wouldnt have thought they would be able to put the fence there, have you not spoken to them about it?..

good luck

Answer 4

I do not know about the UK, but here in my county in Ohio, a fence must be four inches inside the property line so that the concrete post setting is on the fence owners property and does not extend over the property line.

If this were to happen here, after a period of time, it could be said that the fence owner has the right to the property he has taken. I would have the building inspector out in the morning if not sooner to inspect... but again, I'm not in the UK.

Answer 5

Most building codes don't allow structures to be right on the property line, even your own structures.  So if you neighbor put a fence to your building, they have definetely crossed onto your property.  Check with you local building dept and have inspected.

Answer 6

Current planning legislation gives permitted development rights to householders to erect fences without the need for planning permission (2m high except where the fence is to be adjacent to a highway where it is limited to 1m). What it does not do is to give anyone the right to erect a fence on someone elses land or attach it to someone elses property. Sadly, if this occurs it is a private matter between the parties concerned and the Council cannot help you - it may come down to paying solicitors which can be a long and costly business.

It is a particularly difficult legal issue where your neighbour has set the post into his land but it is touching your property (but I assume not screwed or nailed into your wall). My professional view is that you may not have any legal ground to get it moved under those circumstances unless you could show that it was damaging your wall in some way.

With regard to attaching anything to a wall that overhangs a neighbours land then the neighbour can insist on it being removed (the same applies when the common problem of a window, when open, overhangs the neighbouring garden).

Hope that helps a bit

Answer 7

Your by-laws play the major part in this uncomfortable situation. You must check locally. I can't even get your UK link to open here in Canada.

Answer 8

Sounds like you need a lawyer,

http://www.youtube.com/watch?v=SVHr_hYJK...

Answer 9

I guess it depends on who owns the land between the properties - check with your solicitor for that information.

As for the gazebo, 'phone your local planning department, but I think it's unlikely that they'd need permission...

Answer 10

i dont think they are allowed to attach anything to your wall, it would be same if you had a path going all the way around your house and they attached their fence blocking you access. get on to the local council because they maybe able to help you find out for definate