Boundary Line?

[JayHS]

Question..
I was planning on re vamping my front of house fence line..that runs down the middle ( side ) of mine and my neighbours property ( it is a 40 year old council fencing with concrete posts) with new posts and boards
so i talk to my neighbour and said " i am lookin to pull out the old.. replace in the same location within 10mm + or - of where it was before and only increase the height of one or 2 panels to allow for some privacy for us both. ( only 5 fence panels to be replaced.. no planning is needed as i am doing like for like near the pavement edge re the height).
so he says "yeah that would be great, as it needs it because it is falling apart, and yeah mate thats fine I happy with that" kind of thing..
so i do this.. pull out, replace new.. all looking fab and no problems.. but he gets wind that i am to drop my frontage curb, which means he will need to relocate his 13t truck from outside my house and find somewhere else to stick it!!.... answers on a postcard please lol
so he points out to me the my new fence is 8" onto his land and over the boundary line??? he never said before and I never thought about it!!!
also my guttering and so on that was fitted 3 years ago.. which was done upto his 5 year old guttering.. i might add. is also over onto his boundary liine by 5" or so.
so he has said.. "look if you do drop your curb where you say you are going too!! he will have to look into me relocating my replacement fence line, back 8" back onto the party/boundary line"
i have looked into this.. as he said for me to do so.. re party walls and boundary lines..ect ect and I found out that as he had aggreed to my fence line proposal... when i talked to him about it.. he has also agreed verbaly to an " agreed boundary line"
what should I do?
please advise as i have spent a lot of time and money on just re vamping the original fence line so he too can have a nice fence line to look at..
but he has started to become a bit of nightmare?..
ps.. he has only some rotton vegatation and shrubs on his side.. as he has cars and trucks and landrovers all over his fronatge.

he is just playing silly monkeys to try and make me give him what he wants.. parking for his truck out the front of my house??
i feel i was threatend into doing the right thing ( for him ) so now i have left the front and sought advice.. and have been told by local council.. this very line... "this is not really politcally correct, but tell him there are millions of starving kids in the world".. lol.. mmm.

please advise
cheers

 

[^woody^]

Can you précis that into just the questions?

Also is the fence on the boundary or not?

Is the gutter over boundary or not?

 

[JayHS]

HI woody

the old fence line is not in line with the party wall of the mid terrace house,
and the new fence line is in the very same place as where the old one was before. i.e. 8 inches out and onto his property. this i never noticed.. due to the shrubs and bushes hiding it i guess. but this was placed originaly by the council some 30 - 40 years ago
does this make it a boundary? as it was laid by the council! many years before
my sofit fascia and gutter is also out by 5 inches over the party line and yes, it is over onto his side of his property. but my sofit/fascia and gutter were replaced and simply put up to join onto where his ended! so again i thought nothing of it at the time. as his new gutter and so on was put up to join onto my original steel guttering, so when i bought my place, i replaced my old steel gutter with new plastic and again butted it up against his gutter and sofit and so on. as was once before? but this i am told is wrong
but he never said anything when i paid for the down pipe to be replaced.. as it was the old steel as was the rest of it that was on my house! but this down pipe was on his side of the boundary line! but he never replaced it to save on cash i would guess. so i paid for it a few years later and now he is moaning re the line of the fence

 

[Inky Pete]

If the new fence is exactly where the old fence was and he never objected to the position of the old one for years and years, then I don't see as he has a leg to stand on.

Same with the guttering.

BTW. If his truck is 13T then it's an HGV. If it's and HGV then it must have an Operators Licence displayed in the windscreen. The Operators Licence must specify where the vehicle is to be stored when not in use. "On the road outside my neighbours house" won't do as a storage location, it must be off the public highway.

Tell him if he winds his neck in, then you won't report him for breaching his Operators Licence.

 

[JayHS]

Hi there Inky Pete

yes new fence is exactly the same place as before.. he never objected to this before, like i said before it is sour grapes and he is making me do things he wants for his personal gain. - re the truck parking space

his truck is over 13t
and he is allowed 1 truck at his home without an operators license. ( so i have been told )

 

[Inky Pete]

"at home", yes. But it's not at his home (ie. on his property), is it? It's parked on the public highway. Check out EXACTLY what his operators licence says, ALL HGVs must have one displayed in the windscreen.

Check out this document from VOSA (Vehicle and Operator Services Agency):-

http://www.dft.gov.uk/vosa/repository/10 157a.pdf

especially Parts 1 & 4.

Part 4 specifically states that an Operator must have sufficient off street parking for all of their vehicles.[/u]

 

[big-all]

another thought sometimes iff the plots are uneven the councils may move boundaries to balance out the gardens a bit so not nessiserily on the join or at right angles

 

[JayHS]

Hi Big-All

another thought sometimes iff the plots are uneven the councils may move boundaries to balance out the gardens a bit so not nessiserily on the join or at right angles

this is also true and also the case re my fence line, i think the centre wall colum that we both shared before i removed my front 2 foot high wall that ran along the back edge of the pavement, the pier as it were is also out by some 8inches too.. i think i may need to get a survey done and find out what i can.
or.. i could just ask him to whistle dixie and I shall do what needs doing in the future re finding out.
the problem also is on our boundary wall at the back of the house, that divides our gardens, i.e. the same delightful neighbour! but the previous owner of his house built this 5 foot tall block wall.. right the way along ( up against the original concrete and wire council fence line from decades ago, which is my left side fence line) so upon looking into his gripe re the front fence line, i looked at the back of the house and it turns out that this is over the boundary line and onto his property by 11inches!! but 3 years ago i asked him if this block wall was his? as such, and he said it must be mine as it is on the left of the property, this again has meant he has given me a new " Agreed Boundary Line"
without even knowing it
oh this is getting worse i know
it may give me an ace to play with, as in i could offer him the wall back, but not the lost 11inches.. for him to do what he likes to it ( re the block wall, which is 8inches thick+huge thick piers on his side ) for him to then let me have the front as it always was and is now.
so he will gain some space in his rear garden for more car parts, wheels and tyres and aloys and exhausts and bumpers and bits of old land rovers and so on ( you see my plight )

 

[JayHS]

i sometimes wish i lived in a tent lol..

 

[JayHS]

just thought Big-All re your thought = ( another thought sometimes iff the plots are uneven the councils may move boundaries to balance out the gardens a bit so not nessiserily on the join or at right angles )
I am wondering1 if the council set the fence line ( i.e. ) as a boundary line, does this make it an official boundary Line? and will it show on the title deed/plans. what if the deed/plans show the boundary line run out from the centre point of the party walls, will this then mean that the fence was wrong to start with?
oh man my head is just about to pop
thought to myself.. " Now where did I put my tent"!! lol



Read more: //www.diynot.com/forums/building-regs-planning/boundary-line.288461/#2099716#ixzz1WjDieLy8

 

[cajar]

Yes you should check the plans before you go any further. You have assumed the party wall marks the boundary, and posters on the thread have assumed that you have checked the deeds.

My guess is you will probably find they mark out the boundary where the fence was/is and your neighbour is onto plums.

 

[JayHS]

hi Cajar
yes sorry, I have not yet got hold of the deeds/plans re the boundary lines.
your second point makes me want to get hold of them asap now as if it shows that they are correct now! with the location of the fence and wall line.. I will be sorted
I shall get back to you all asap

 

[big-all]

whilst land registery is the definitive plan they are not easy to decide to the small amounts you are talking here
have you tried the council route and asked them if they have accurate plans for your plot assuming its a block off ex council houses

 

[JayHS]

hey there
i have asked in the past and they said i have to apply for it on line!
as they do not keep records like this any more.
but you are right in what you say, everything I have read states that " this is a guide and not an accurate dimmension re positions of boundary lines"
so why spend £149.00 for not what i am after to show or prove anything

 

[big-all]

my plans cost me 2 or £3 on line about 3 or 4 years ago

looks like £4 now for a copy off your deeds
http://www1.landregistry.gov.uk/fees/portal-fees