Boundary between 2 properties and new fence.

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    Boundary between 2 properties and new fence.

    Hi,

    I have semi detached garage with my neighbour, see picture attached.

    According to a recent party wall agreement, (2 years old), the virtual red line runs in the middle of the common garage wall as I would expect. At the back of the garage where the new fence will be erected there is a brick wall around 2m long which is clearly on the side of my neighbour, ie not running from the middle of the common garage wall. The garage wall is 10cm wide so 5cm will be the middle where i would expect the red boundary line to be. After this 2m long wall we have a very large garden where my neighbour wants to erect the fence (his responsibility). My neighbour is arguing that the boundary is wrong and he wants to take the 2m wall down and bring the fence into my side, actually he things that 8.8cm of the garage wall belongs to him and only 1.2cm is mine = total 8.8 +1.2 = 10cm. Won't even try to explain why 8.8 for him. There is also a single brick support pillar at the end of the 2m long wall, 10cm wide.

    He is basically refusing to back down threatening that he will not erect the fence otherwise. What are my options here. I understand that if a brick wall exists for more than 10 years it is evidence and admission that that part is mine anyway and also he can not take it down without a party wall agreement in place. I am basically happy to give him few centimetres to build the fence but not 8.8, 1.2cm to his favour. I am not happy for him to destroy the wall, he has already removed some bricks!

    The deeds also show the red line in the middle of the 2 garages, but it's hard to have an accuracy of few cms to be fair.

    I have attached a pic (not to scale) that explains the situation and. Where do you think the boundary of the new fence should be and what are my rights regarding the brick wall?

    Thanks very much for any advice.
    Attached Files

    #2
    If your neighbour is erecting HIS fence then it goes on HIS side.

    If a mesne fence is to be erected and jointly paid for then it goes on the centre line.

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