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Garden Wall - My Neighbours Have Built On Top Of The Existing Wall At The End Of My Garden.
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 ???
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Thank u so much - I will ring council tomoro and ask about the height of the wall, which could be confusin because his garden is higher than mine.
i will also contact the land registry for clarication on the whose responsible for the border, because he is now saying its him. Then go from there, is this what you would propose.
i will also contact the land registry for clarication on the whose responsible for the border, because he is now saying its him. Then go from there, is this what you would propose.
The building inspector (council ) came out this morning and inspected the wall. He said it was an eye sore and had sympathy and understood why i was so upset but there was nothing the council could do, he said i had to get detail of the boundaries. I looked on my deeds and its just a felt pen line, eventhough the line is straight from my garage. I just dont know what to do now, he said that there garden was a lot higher than mine, so there would be have to be some kind of retainer. I tried to put photos on but its beyond me to how you do it on this sight. At the stage where I'm crying now .
OK, well you've now given us more information about the relative height differences, and I'm afraid it doesn't help your case.
Under common law, in a situation where the legal boundary between two parcels of land also coincides with a height difference in the land, it is the responsibility of the owner of the higher piece of land to retain his soil and hence (in the absence of any statement in historic deeds / clarification on the Land Registry title) it is his job to build or maintain a wall to retain his soil and stop it falling into your plot. His it is normally his retaining wall on the common boundary
However that does NOT entitle him to build piers beyond outer line of the existing ancient wall into your land, to provide structural support. To keep his soil in place, he has to cut back into his land if renewing a wall that is being pushed into your land by the weight of soil behind.
If he has then extended the top of this wall vertically, he is allowed to do that subject to planning restrictions, which, yes, does mean up to two metres above the ground level on his side.
I'm afraid I can't now picture the layout arrangement that you have. You previously said your garage (side wall I assume) sits on the boundary and the new ugly wall extends in line from this side wall. If that is true, and his plot level is higher than yours, then his soil presumably also presses against the side wall of the garage, on his side? How much difference in level are we talking?
Under common law, in a situation where the legal boundary between two parcels of land also coincides with a height difference in the land, it is the responsibility of the owner of the higher piece of land to retain his soil and hence (in the absence of any statement in historic deeds / clarification on the Land Registry title) it is his job to build or maintain a wall to retain his soil and stop it falling into your plot. His it is normally his retaining wall on the common boundary
However that does NOT entitle him to build piers beyond outer line of the existing ancient wall into your land, to provide structural support. To keep his soil in place, he has to cut back into his land if renewing a wall that is being pushed into your land by the weight of soil behind.
If he has then extended the top of this wall vertically, he is allowed to do that subject to planning restrictions, which, yes, does mean up to two metres above the ground level on his side.
I'm afraid I can't now picture the layout arrangement that you have. You previously said your garage (side wall I assume) sits on the boundary and the new ugly wall extends in line from this side wall. If that is true, and his plot level is higher than yours, then his soil presumably also presses against the side wall of the garage, on his side? How much difference in level are we talking?
well the wall was built to retain the soil on my side, because there was rockery there which I had taken out. which revealed more of the ugly wall and pillars.
If it was the neighbours wall , he would have built the pillars surely on his side. I have looked at the plan on Land Registry and the border is straight on there, the way the wall is built according to the plan they have gained a little bit of space behind the garage because the wall is in my garden. The deeds dont make reference to whose border it is. So how do I establish this, the wall my side is about 10 Ft high, there saying theres is only 6 ft on their side. They have offered me £400 to have the blocks covered, but the wall still blocks me from access to my sofits. The building inspector came out he said it was the worst wall he'd ever seen but it was structurly safe. How do I go about clarification of the boundary line. The sides of the front of the house have a wall the original that the builders built, so I would think the boundary would countinue on this line as it suggest in the plans.
If it was the neighbours wall , he would have built the pillars surely on his side. I have looked at the plan on Land Registry and the border is straight on there, the way the wall is built according to the plan they have gained a little bit of space behind the garage because the wall is in my garden. The deeds dont make reference to whose border it is. So how do I establish this, the wall my side is about 10 Ft high, there saying theres is only 6 ft on their side. They have offered me £400 to have the blocks covered, but the wall still blocks me from access to my sofits. The building inspector came out he said it was the worst wall he'd ever seen but it was structurly safe. How do I go about clarification of the boundary line. The sides of the front of the house have a wall the original that the builders built, so I would think the boundary would countinue on this line as it suggest in the plans.
I think I've taken this question as far as I can in terms of useable advice now.
To summarise:
1) You are most unlikely to be able to use the LR plan to demonstrate ownership of the physical boundary between the two plots. The 'red line' that appears on the title shows what LR refers to as the 'General Boundary' and they do not get involved in arbitrating over disputes like this. You can pay good money to get LR involved in a process called determining the Exact Boundary, which involves qualified surveyors assessing the physical features and reporting back. Probably not what you want to do.
2) If the boundary shown on the plan is straight and you have two reference points at each end of the common boundary with your neighbour, it should have been a easy task to join the two with a piece of string. I thought you had one end fixed by the position of the far corner of your garage (which I assume to be at the bottom of the garden), the second reference point being adjoining the two houses (you never clarified whether you are semi-detached, terraced or what).
3) We've been through the loop of discussing the height of this wall on your side. He's allowed up to two metres from the ground level on his side. Building Control has confirmed it is structurally stable but ugly.
4) You say you can't get to the garage soffits, but if the side of your garage adjoins the common boundary, then that was always a problem - it's just that before you were able to nip across the common boundary onto his land to maintain them. Now you can't because of the wall height. But you can ask him for permission and go around to his side? He's under no obligation to grant you permission if your garage is that close to the common boundary, so perhaps not worth antagonising him too much further.
Maybe take the £400 to make something better of the ugly wall on your side. Trellis perhaps, covered by climbing plants?
To summarise:
1) You are most unlikely to be able to use the LR plan to demonstrate ownership of the physical boundary between the two plots. The 'red line' that appears on the title shows what LR refers to as the 'General Boundary' and they do not get involved in arbitrating over disputes like this. You can pay good money to get LR involved in a process called determining the Exact Boundary, which involves qualified surveyors assessing the physical features and reporting back. Probably not what you want to do.
2) If the boundary shown on the plan is straight and you have two reference points at each end of the common boundary with your neighbour, it should have been a easy task to join the two with a piece of string. I thought you had one end fixed by the position of the far corner of your garage (which I assume to be at the bottom of the garden), the second reference point being adjoining the two houses (you never clarified whether you are semi-detached, terraced or what).
3) We've been through the loop of discussing the height of this wall on your side. He's allowed up to two metres from the ground level on his side. Building Control has confirmed it is structurally stable but ugly.
4) You say you can't get to the garage soffits, but if the side of your garage adjoins the common boundary, then that was always a problem - it's just that before you were able to nip across the common boundary onto his land to maintain them. Now you can't because of the wall height. But you can ask him for permission and go around to his side? He's under no obligation to grant you permission if your garage is that close to the common boundary, so perhaps not worth antagonising him too much further.
Maybe take the £400 to make something better of the ugly wall on your side. Trellis perhaps, covered by climbing plants?
Not if it is your wall.
However if you are still on speaking terms with them, you might feel able to enquire first whether they have removed the ugly extension to the wall because they agree with you that it was your wall in the first place. That way, it seems unlikely that they might be thinking of trying the same stunt again.
However if you are still on speaking terms with them, you might feel able to enquire first whether they have removed the ugly extension to the wall because they agree with you that it was your wall in the first place. That way, it seems unlikely that they might be thinking of trying the same stunt again.
This old chesnut again - sorry. The neighbours had thir rebuild knocked down.
Which left one off the pillars detached from the wall, the bottom of the wall now has a fracture. Idid ask a builder to knock it down but he said its retaing 3 feet of chippings from the neighbours garden - so just dont know what to do.
If the wall falls down which he said it will I will have all his chippings coming into my garden, what do I do now ??
Which left one off the pillars detached from the wall, the bottom of the wall now has a fracture. Idid ask a builder to knock it down but he said its retaing 3 feet of chippings from the neighbours garden - so just dont know what to do.
If the wall falls down which he said it will I will have all his chippings coming into my garden, what do I do now ??
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