Garden Wall - My Neighbours Have Built On Top Of The Existing Wall At The End Of My Garden.

[may1day]

The wall is to high for my liking the pillars are in my garden , they have blocked my access to my drainpipe and guttering to my garage. 1 of the pillars is built against my garage wall and has spoilt the features of the garage wall, which were cotswold stone there have butted up breeze blocks and spolit the effect. The blocks are'nt straight, theres chunks of cement that are unsightly. What can I do ???

[Tilly2]

Did you not notice them building it in your garden?

[may1day]

The neighbour told me that he was taking his shed down, but to keep there privacy they were going to hire the wall. It was Christmas and I'd suffered to bereavements it was pouring with rain andI was at work whilst it was being done. I cant see the wall in the dark which it is the hours I go to work and arrive home. Today I went out to look at the wall and this is the result !!

[friedgreentomato]

I don't think there is a lot you can do, you verbally agreed to them making the wall higher.

[daffy654]

Most local authorities have a limit on the height of walls and fences, find out if this wall contravenes those limits. You could also talk to your local planning department for advice on whether this wall is safe.

[woofgang]

First talk to the neighbours, the wall may be only temporary. Then check with your council. Here in hampshire walls and fences cannot be more than 2 metres high without planning permission. If they have built over the boundary (which may be hard to prove) then you can make them move it.
Its still only the beginning of january and whoever is doing the work won't have done much over christmas and new year so do first be SURE that the wall isn't the temporary structure that you agreed to. Once you have started to be in dispute with neighbours, its hard to get back on good terms so i would advise conversation first before you take any other action. The sloppy construction may support the neighbours first assertion that the wall is temporary.

[may1day]

I have been in debate this morning with him and he's actually built onto my garage wall and into my garden so in effect he's extended my garage wall, so whether this will cause damp or damage I don't know.

[buildersmate]

If it is over two metres it requires planning consent, which he may or may not get. So that's your first line of attack.

If you are saying it is built on your land, that's an entirely different issue (irrespective of what height it is). But be sure of your facts about this.

[boxtops]

check your deeds and where your boundary lies.

[buildersmate]

... except of course that the deeds and the Land Registry plan 95 times out of 100 show you the boundary position to an adequate level of detail to confirm this.
One wonders how many times I have to say this for it to sink in.

[may1day]

Thanks Builders mate i was hoping that you would respond, seems from previous post that your correct about most things. He has built the wall and joines it to my garage wall, the pillars of the wall are built in my garden. My garage wall has an ornate shelf he has but breeze blocks on this. its built right up to the guttering, surely ts is an extension to my property !!

[DTCwordfan]

can you attach a pic or some photos?

[joko]

h has no right to put anything in your garden or attach anything to your property

he must know this - you would have to be an idiot to think you can do this.

if he wanted this wall he has to put it in his own garden, not yours.

i woud give him notice to remove anything on your property or you will have it removed.

or ask him to do it properly, make it look nice and in keeping with your wall

pic would be good as its hard to imagine how he has done all this stuff from his own garden

[The Builder]

Deeds/Land Registry entries most often have boundaries indicated by a thickly drawn line of red felt tip pen. Just for the hell of it, I once decided to measure one and scale it up. It was 3 metres wide ........... no help at all :o(

"Replies to enquiries" in the run up to exchange are usually a good way of finding out who owns what. Still not definitive though.

Are you sure that the boundary isn't actually the wall of the garage?

[may1day]

well if it is he's still attached it to my garage on my side !

[The Builder]

He's well out of order then. I would have your solicitor write to him asking for it to be removed.

[buildersmate]

The existence of the wall of your garage is clearly an excellent indicator of the outside line of your plot (the outside edge of the outside wall). Unless there was evidence to the contrary, if the red line The Builder refers to runs straight on the plan to a point somewhere to your house (are these semis? - in which case it is again very evident where the other end of the common boundary is - mid-way along the walls), that should give you a good correlation of the physical boundary (on the ground) to the legal boundary shown on the plan.

Boundaries can change position slightly over time, if neighbours allow it to happen when they reposition fences etc. That is all part and parcel of Land Law.

However if there was nothing in the area previously where he has now put this brick wall, it seems very likely he has built on your land. In any event, the piers should definitely protrude on his side.

I would simply challenge him as to why he thinks it is his land - get his version. You may have to use solicitors, but you don't have to at this early stage. He might acknowledge it as a mistake.

[may1day]

There was a wall which was unsafe and crumbling which needed to be knocked down its mine he just made it higher made pillars and cemented it to my garage walland blocked my access sofias and drainpipes and on and ornamental shelf

[buildersmate]

Maybe he considers he has done you a favour and regards it as your wall on your land, that he has rebuilt for you - albeit to a height and quality that you are unhappy with. This might explain why he has put the pillars on your side.

I just think it is worth asking him what his intentions were/are cos there's no point falling-out if it is a misunderstanding.

If it is the above, then you can of course remove it and replace it with something more appropriate. Taking something down costs peanuts to the cost of rebuilding, so you could start again, employing someone working to your instructions.

[may1day]

will i have to serve him notice ?

[buildersmate]

'Notice' doesn't come into it, if he acknowledges it is your wall on your land. Just because he decided to build a wall on top of your existing wall, doesn't suddently make it 'his' wall, or indeed 'his' land.
That's why I'm suggesting approaching him informally to get his side of what he thought he was doing.
Easier said than done, I appreciate.
My guess is that he thought you weren't fussed about it, he wants something bigger than exists, and he thought he could get a win-win. However his construction standards are lacking, in your view.
Bear in mind, he he really wants a wall, he can construct one on his side of the legal boundary (foundations can't come onto your side though), subject to it not being higher than requires planning consent.