A PEEVED homeowner took to the internet seeking advice about their rights in a neighbourly fence spat.
Some inconsiderate building work left them wondering what could be done to regain control over their property – we speak to experts to find out.
1
On a Money Saving Expert forum, a user explains that their neighbour was arranging to build an extension with planning permission.
To accommodate this extension, the fence between the properties would have to be taken down, and it’s unclear whether it would be put back up.
The user wrote: “I objected to this extension and stated that under no circumstances could he take down the fence.”
Despite these commands, one morning the neighbour notified the homeowner that their builders would remove the fence that very day.
The disgruntled property owner was handed the builders’ business card – but to their frustration, nobody answered the calls.
This left them with no option to intervene, as they had to go to work and leave their property all day.
Most read in Money
Another user commented: “He has absolutely no right to do this. The builder will be trespassing on your property and likely causing criminal damage to your fence.”
Does planning permission override my property rights?
The Sun spoke to Hayley White, senior planner at real estate experts Jones Lang LaSalle (JLL), for advice on planning permission.
She said: “Party wall issues are a separate remit to planning, and are not taken into consideration during the determination of a planning application.”
But in order to acquire planning permission in the first place, the applicant must serve notice to anyone interested in the land.
In this case, the neighbour would therefore have to be served notice as the extension affects their property.
This notice has to be served at least 21 days before submitting a planning application.
The senior planner said: “You will be able to tell if someone has not given correct notice by checking which certificate has been signed at the end of an application form – these documents are publicly available online.”
To find these documents, you can go search the register of planning decisions on the government’s website.
“If a person considers that the certificate was not signed correctly to reflect the interests in the land, then they can challenge the planning decision by way of a judicial review in court.”
However, there is no third party right of appeal to planning decisions.
“If a neighbour objected to a proposal and it was still approved, they cannot appeal that decision,” Hayley explains.
When it comes to fence feuds, planners will not get involved.
Paula Higgins, chief executive of HomeOwners Alliance, told The Sun: “If you own the fence and it is on your property, neighbours have no right to take it down even if they have been granted planning permission.
“You should also check whether there needs to be a Party Wall Agreement in place.”
A party wall is the shared boundary between two separate properties.
Before renovating party walls, the homeowner needs a written Party Wall Agreement from all affected neighbours.
In the case that neighbours cannot agree amongst themselves, they’ll need to seek legal advice, either from solicitors, councils or chartered surveyors.
Though in order to get legal help with the matter, the homeowner first needs to be sure the fence belongs to them or is on their boundary.
Whose fence is it?
Boundary lines vary on a case by case basis.
To find them, you can check the deeds to a property.
If you haven’t already got these, you can purchase them from the Land Registry on the government’s website for £3.
Note that you can also purchase a neighbour’s title deeds to see whether any extra property boundaries are outlined in theirs that aren’t in yours.
Sometimes, a T will be marked on a property line to denote responsibility for the boundary.
Disagreeing about ownership
Discovering boundary responsibility doesn’t always mean the feud will be settled then and there.
If your neighbours disagree about their rights to amend or remove a fence, it’s best to seek mediation before taking a case to court.
Court fees are easily racked up, and can cost far more than simply reinstating or repairing a damaged fence.
The Royal Institution of Chartered Surveyors offers a Boundary Disputes Mediation Service for a fee, which is a good place to go first.
To avoid future hostile situations with your neighbour, it’s best to keep tensions low by talking things out.
This forum user isn’t the only one whose property has been affected by building works – another Brit’s turf was left soiled as a result of their rude neighbours.
Sometimes, a fence may just be old and feeble and need removing or replacing – one person sought advice after their neighbour ignored their fallen fence.
Storm Eunice saw many fences wrecked, which left many Brits wondering who has to fork out to pick up the pieces.
We pay for your stories!
Do you have a story for The Sun Online Money team?
