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This is my concern if the fence becomes their wall, then the implied boundary may be the face not the centre of the wall. As it is I'm not sure whether the fence is on my side, their side or down the line. The arrangement of fenceposts at the far end would suggest the fence is on my side, but the dog-leg at the brick pier near the house would suggest it's centred or even on their side.
I think a judge would be unlikely to come to that conclusion, but in the absence of an express agreement it's possible. If you want to avoid risk, agree it, write it down, and keep the document.
I will ask them to keep the fence. PWetcA Section 1(5) is if the face of their wall is at the boundary which if the fence is centred would still affect (replace) the fence. But if they build as close as they can up to, but without affecting the fence, then presumably no notice is required? I will also ask that any new footings stay on their side.
Yes. Section 1(5) would only apply if the wall just touches the boundary. If it's 6" inside the boundary line, then it doesn't and no notices would be necessary as long as they don't need to build foundations on your land.
If no notices etc required, should we still agree something in writing, or if it's all on their side then that's that? I will ask about height as well (max 2.5m without planning permission).
If it's all on their side then there's not really much to agree. It's their land, they can build a shed on it. Unless doing so would constitute an actionable nuisance, a substantial interference with an easement or breach an enforceable restrictive covenant, of course. Which it doesn't sound like it would in this case.
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Brommers
This is my concern if the fence becomes their wall, then the implied boundary may be the face not the centre of the wall. As it is I'm not sure whether the fence is on my side, their side or down the line. The arrangement of fenceposts at the far end would suggest the fence is on my side, but the dog-leg at the brick pier near the house would suggest it's centred or even on their side.
I will ask them to keep the fence. PWetcA Section 1(5) is if the face of their wall is at the boundary which if the fence is centred would still affect (replace) the fence. But if they build as close as they can up to, but without affecting the fence, then presumably no notice is required? I will also ask that any new footings stay on their side.
If no notices etc required, should we still agree something in writing, or if it's all on their side then that's that? I will ask about height as well (max 2.5m without planning permission).