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tylerone | 21:00 Mon 02nd Jun 2014 | Law
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Please could someone advise me of my rights. I have taken down the fence that divides my neighbour and me (well the fence was very old and falling apart). I now want to build a brick wall on my side, and not where the divide was once before, ie half on their land half on ours. I want to know whether the neighbour can paint the brick wall if it is our side of the garden and also if I own the fence being that it would be on our land.
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Why not put it half on - and see if they would share cost
Better still, go to solicitor and have a "Party wall agreement" drawn up. This would define the sorts of things you mention and would also be appended to the house documentation at the Land Registry and so bind future owners.
Think your first step should be to discuss your proposed wall with your neighbour. After all, although it might be on your land he/she will have to look at it when in their garden. Compromise always best IMO.
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if they do agree re the brick wall on my side at my cost which I think they do not mind, they were happy to pay for half the cost when I first suggested the wall, would it still be advisable to have this in writing from them - ie that they have agreed re wall on my side and that the wall belongs to me so cannot paint etc, and would this carry through for future neighbours if they move.
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ps the wall in question is actually for them to fix as per the plan - re marked with a T, does this change anything regarding my question. thank you for all you very helpful comments.
The current owners cannot bind any future owners to anything they have agreed with you. Hence my suggestion of a party wall agreement lodged with the Land Registry.
NJs suggestion is the best one legally. But better still, don't phaff around with issues that will cost you legal fees and build the whole of the wall on your land. Then the neighbour can't lay claim to bits of it so can't paint it.
why does it matter if they paint their side, you cant see it. They'll hardly clamber over the wall to paint your side, will they.

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