We are the corner house on our road.
Running across the end of our back garden (and across the end of all the back gardens on the road) is a strip of land about 20' deep. On the other side of the strip of land, running parallel to our gardens, is the 15' wall of an institution.
This strip of land is unregistered.
On the deeds map of all the houses, it is clearly indicated that the boundary of each property is the end of the garden. However, all of the houses on the road, except ours, have no wall at the end of the garden. In effect, their gardens run to the wall of the institution. (A small stream used to run through the middle of this strip of land, and the previous owner of our house built the wall in order to protect her children from it.) I have been advised that those who have been living there for more than 30 years have established a lean on the institution wall and it has now become the de facto boundary.
Almost at right angles to our road is another road and the first house on that road, if they were to extend their garden to the institution wall, would cross the logical extension of our garden to that same wall.
That is exactly what they are proposing. In fact, they started it a few weeks ago and I think they may have been hoping that it was done before we moved in. Fortunately, we closed very quickly.
I have done a drawing which illustrates the problem. You can view it here>
[broken link removed]
They want to extend the right hand wall of their garden in a straigt line. This would mean that it hits the institution wall approximately half way across the line of the straight line extension of our garden - the line that all the gardens to our right have done over the years.
I realize that since both of us are on the corner, there is an issue about what constitutes a logical extension of either garden.
Also, I am aware that, since this is unregistered land, neither of us can legally do anything on it.
I would like to compromise. They feel that if I extend straight ahead of my left hand wall, I will be cutting across them. I feel the same about their right hand wall. But, if they build the fence in, or near to, a line with my wall, I won't see it from my garden and it will be relatively straight across their garden.
I have offered to pay half the cost of the fence, if we can agree on the line it takes.
Anyone care to play Solomon on this one?
Many thanks.
D.
ps........If you click on the link above, it will prompt you to download. If you do so, the drawing will open in Word, not in your browser. Thanks.
Running across the end of our back garden (and across the end of all the back gardens on the road) is a strip of land about 20' deep. On the other side of the strip of land, running parallel to our gardens, is the 15' wall of an institution.
This strip of land is unregistered.
On the deeds map of all the houses, it is clearly indicated that the boundary of each property is the end of the garden. However, all of the houses on the road, except ours, have no wall at the end of the garden. In effect, their gardens run to the wall of the institution. (A small stream used to run through the middle of this strip of land, and the previous owner of our house built the wall in order to protect her children from it.) I have been advised that those who have been living there for more than 30 years have established a lean on the institution wall and it has now become the de facto boundary.
Almost at right angles to our road is another road and the first house on that road, if they were to extend their garden to the institution wall, would cross the logical extension of our garden to that same wall.
That is exactly what they are proposing. In fact, they started it a few weeks ago and I think they may have been hoping that it was done before we moved in. Fortunately, we closed very quickly.
I have done a drawing which illustrates the problem. You can view it here>
[broken link removed]
They want to extend the right hand wall of their garden in a straigt line. This would mean that it hits the institution wall approximately half way across the line of the straight line extension of our garden - the line that all the gardens to our right have done over the years.
I realize that since both of us are on the corner, there is an issue about what constitutes a logical extension of either garden.
Also, I am aware that, since this is unregistered land, neither of us can legally do anything on it.
I would like to compromise. They feel that if I extend straight ahead of my left hand wall, I will be cutting across them. I feel the same about their right hand wall. But, if they build the fence in, or near to, a line with my wall, I won't see it from my garden and it will be relatively straight across their garden.
I have offered to pay half the cost of the fence, if we can agree on the line it takes.
Anyone care to play Solomon on this one?
Many thanks.
D.
ps........If you click on the link above, it will prompt you to download. If you do so, the drawing will open in Word, not in your browser. Thanks.