We live in detached property, our neighbours insist that our house wall is boundary?

Question

They say they can drill into it,(they have without our permission and hung a gate off our house wall), paint it or whatever I'm sure they're NOT correct.(they won't allow us access to make repairs or clean the windows on their side) Would the drilling be classified as criminal damage and what action should I take.

We've obtained the land registry details and we're within the boundary lines, tried to be reasonable and asked them to remove it and repair the damaged brick, yes, they are thick, we've lived here for 24 years and have no plans to sell, we'd rent out first Is it classed as ciminal damage though?

Answer 1

best thing to do is get hold of your deeds and plans, this will show where the boundaries are.

When you have them and they show that he shouldnt be fixing gates on your house then write him a letter asking him to remove it or you will see him in court.

Just make sure you have all the relevant information before you jump in!

Good luck xxxxx

Answer 2

Most towns/cities won't allow building this close to a property line, so it's unlikely that the wall is the boundary.
I'm not sure about where you live, but in Illinois, the deeds don't show the actual property line. They give a description of the property that a layman can't begin to understand. I had to hire a surveyor to find my property lines.
If you find this is the case (property line is usualy required to be 10' to 25 ' from any structure) then you certainly should take him to court. If you don't, he will probably continue to take advantage of the fact that you're not sure exactly where the boundary is.
Whatever you do, DON'T threaten your neighbor or damage anything that he's erected. That's what we have courts and peace officers for!

Answer 3

Your Land Registry document should tell you where the boundary is. Assuming that all of your house is inside the boundary, they are not permitted to make holes in your wall. This would only apply if the wall crossed the boundary (e.g. with a terraced house) and they could drill into it as far as the boundary line.

You need to decide how much action you want to take. Are dirty windows and a few screw holes worth a war?

If you want to take them on, it's best to ask a solicitor to write to them saying that you require:
1) They remove all fixings from the wall that it inside your boundary and arrange to have the damage repaired at their expense.
2) Arrangements to gain access over their property to maintain the windows in yours.
3) If they don't comply within 14 days, you will seek a Court injunction.

Just don't expect to be invited to their barbeque if you do.

Answer 4

Yes, this would be a suable damage. Take copy of the deeds/boundary lines, pictures of the gate, close-ups of the damage to your house, estimates for the cost of repair/replacement of the damaged areas of your house and make a file of it. Take this file to either a solicitor/lawyer/attorney to file a dispute, or just file the complaint in civil court. Also include a request for just enough access to their property (if required) to be able to properly maintenance your house (wash windows, make repairs, etc). Include a request for them to also have to pay court costs for you. If they hadn't done this, you wouldn't be going to court and thus having this out-of-pocket expense.

Using a lawyer that doesn't get paid unless you win is probably your best option.

In civil court, you have no representation, and both parties get to blame the other as much as the judge allows.

Sounds like these neighbors of yours don't know the law and/or facts, and you should easily win your case.

Since you don't plan on moving, and this might cause hard feelings, definitely keep an eye on things they might do to retaliate, document everything, file police reports as necessary, and you can then have a harassment charge. Maybe even a restraining order that makes them have to move out of their house.

Good luck getting this resolved satisfactorilly.

Answer 5

Drilling hole into the wall of you house is trespass in particular it is trespass to land.
Merely leaning something ageist the wall of your house is trespass. Nobody can be prosecuted for trespass, trespass is a civil wrong normally a trespasser is ask to leave the area where they are trespassing, if they leave, that the end of it. However if in the act of trespassing they have committed damage the landowner is entitled to recompense. Land is defined to include anything built on it. In my opinion you are entitled to be recompense for the damage to your house.
First send a recorded delivery letter to your neighbour, explain politely the you believe that the act of fixing the gatepost to your house is trespass. That you require that it be remove and the wall be reinstated. Tell your neighbours they have fourteen days to respond and that if that have not remove the gate post and carried out the repairs to your satisfaction you will take legal action to ensure they do so. It is likely this legal action can be done in your local small claims courts go in and ask them before doing anything else. If you file a claim your neighbours are required to respond offering a defence, failure to respond will mean judgement will be pass in your favour. Under this system there is no need for lawyer the judge will make a decision on the facts and the law. When file the action you can submit evidence, photographs, deeds etc. There will be a fee to file for the action but is recoverable if you win. Getting the court judgement in your favour may be the easiest part enforcing the judgement may take further court action.
In terms of access to carry out repairs, it is possible that there is already a right of entry to neighbouring property, specifically for the purposes of inspection or repair under the property's title documents or lease. Specifically, title deeds may well contain a right to go onto your neighbour's land to maintain drains, pipes and wires, particularly if yours is a house on a new estate.
If there is no such right, or no agreement can be reached, use can be made of the Access to Neighbouring Land Act 1992. This allows a person to apply to the county court for an access order allowing them to enter the neighbour's land to carry out repairs. There is a fee for the application.
Written notification must be given to the owner of the property concerned and it is enforceable by Court Order if access is denied.
When applying for an access order a person must show that:
· The work is reasonably necessary for the preservation of all or part of his/her property/land; and
· The work cannot be done, or it would be substantially more difficult to do the work, if the person cannot get access to the neighbour's land.
· Access will be granted to carry out 'basic preservation work', which includes:
· Maintenance, repair or renewal of any part of a structure or building on the land/property
· Repair, clearance or renewal of drains, sewers, pipes or cables
· Work to trees and other growing things, which are insecurely rooted, dead or in danger of becoming damaged, diseased or dangerous.

Answer 6

Sounds like you need to consult a solicitor to get an agreement thrashed out before this escalates in to all out neighbour war
From what you describe it sounds to me as if they have some rights re gate on wall etc , however it is always manners to ask for permission . In turn you should have some rights of access to clean windows , paint etc.
If all has failed , although I would make a friendly approach again with offer of a compromise you feel comfortable with , then legal advice is appropriate . Even then I would be looking for an addition to title deeds about what is acceptable to either party.
Even if you were to take the drastic step of selling your house you would need to disclose any disputes to prospective buyers , with the obvious negative effect on your property..
I hope you are able to resolve this by compromise , it is certainly cheaper and usually means that at least you are not trying to constantly avoid contact with your neighbours.

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Answer 9

Nightmare.. Firstly - they cannot touch your property without your express permission.
Secondly, check the deeds to your house to find out exactly where the boundary line is. Even if your house wall is the boundary, they still cannot make changes to it.Advise them what you are doing and then tell them you will get a solicitor involved if need be.
Then - get a solicitor involved - it's the only way if they won't listed to you.

Answer 10

The boundary stops at the furthest edge of the brick. Their property rights START where your property STOPS. In other words, they cannot touch your house, literally, without your permission. If they wanted to hang a gate from it they should have put up a gate post, adjoining, but not touching the brick wall of your house.
It sounds like they are utter morons. Get yourself down to your solicitor's now. Take a copy of your house deeds.

Answer 11

I do not know about the UK, but here in my county in Ohio, a fence must be four inches inside the property line so that the concrete post setting is on the fence owners property and does not extend over the property line. If this were to happen here, after a period of time, it could be said that the fence owner has the right to the property he has taken. I would have the building inspector out in the morning if not sooner to inspect... but again, I'm not in the UK.