Neighbours Fence Against Our Wall (Detached House)

[RichardMH]

We moved into a new detached house 2 months ago. We immediately had an issue with the new neighbours friends blocking our drive so not a good start.

The other day we returned to find that our previously detached house had now been joined together by a fence.

There was already a fence attached between the join in 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.

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

They have installed 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.

Building Control & Planning don't want to know so I guess we have to explore the legal route.

They are busy now errecting a gazebo or something, and the uprights are over 2.2 metres high although there is proably a 1/2 metre away from our property. I thought the limit was 2 metres without planning permission.

I have made a web site with pictures and the land registry plans - There is a strange line in their land which I cannot identify, so if anyone can shed any light.

The link is

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

Thanks for any help

[buildersmate]

The simplest way to explain it is they can't attach anything to a wall owned by you (and vice versa) and they can't attach anything from a structure that abuts the boundary so it protrudes into the airspace that is above anything you own (and vice versa). Anything else has to be agreed between the parties.
Otherwise, they and you can abut a free-standing structure on the boundary on land they own (and vice versa).
Don't fall out over it - not worth the aggro.

[Ethel]

I don't know what the line represents.

However they are not allowed to affix anything to your wall so you can ask them to remove it itg they have drilled or cememted anything to your wall.
There is nothing to stop them sinking the posts in to the ground though, provided it is not physically attached to your wall.

They are not obliged to allow you to run a pipe over their land and I would not even consider asking.

Any legal route you take will be recorded and you will have to declare it to your potential buyers in the future. Such disputes can easily run into many thousands of pounds so think very carefully before doing anything.

As long as the posts are on their land, and not physically attached to your wall, they are doing nothing wrong.

Any extension or outbuilding must be under 4m in height to fall within permitted development that needs no planning permission:

Outbuildings

While the right to build outbuildings is restricted in Conservation areas and AONB it is not restricted in green belt areas and offers real potential to make otherwise very restricted land much more useful. The floor space should not cover more than half the garden area or exceed four metres in height with a pitched roof, or three metres with a flat roof.

http://www.selfbuildabc.co.uk/building/permitt ed-development.asp

So their gazebo is well within permitted limits.

[RichardMH]

Cleversod

As you rightly point out, originally the boundary fence was down the middle of the properties, but for some reason it was moved so that it ran down our wall and continued towards the lower fence.

As for Ethel's points - I am not sure how much of the original garden space it spans. It is probably less than 1/2 the garden at a guess, the fact is that before they built it we could stand in our kitchen and not see the neighbours. Now they have raised the level, we can see the top of their heads, so they can now look into our kitchen should they so wish.

The posts are cemented in to the ground in our garden but physically touch the wall for most of their length + not much gap between new fence and our air bricks, wheras before they had unrestricted air flow.

They have definately attached a fence post to the fence that runs between the properties but I am not sure who owns the fence as there is no "T" symbol on the plan, however I am guesing it is ours.

I am not too bothered about the Gazebo although it will block a lot of light when the sun is low + with the raised level they can see into our garden now.

But I am a bit peeved with the bamboo jungle so close to our wall.

[RichardMH]

Having read the answer posted by Ethel it begs a question. The legislation refers to "outbuildings", but this is not an outbuilding eg a shed etd, this is in effect an extension as it is physically attached to the house.