Drilling into external shared boundary wall

[Mark041067]

Hi folks. I'm new here so I do hope I can get some good advice. My mother has recently bought a new property and the deeds do not specify who is responsible for what boundary line. On one side of my mum's property is a boundary wall. This wall runs from the back of the property to the front of the property. As you get to the front of the property the wall becomes taller and is then the external wall to her neighbour's garage. I must point out that the neighbours property sits about 2 - 3 foot higher than my mum's. So therefore the other side of the wall is earth. Hence the wall and not a timber fence. On my mum's side of the wall, all of the bricks have deteriorated (spalled). Now, as this is a new property to her, rather than moving in and asking the neighbours to go halves with her, as this might appear rude, and not getting off to the best of starts, she had a builder come and erect a fence inside the current wall line. So, to be clear it's butting up very close to the existing wall, but is not attached to it. Both the fence and the posts are clearly on my mum's side of the boundary wall. The last two fence posts that secure my mum's new fence were attached, by using 4 screws, to the wall, that is on my mum's side of the property. Why? Because to secure the fence posts into the ground would have meant digging into the garage footings, that arguably one could say are on my mum's side of the boundary wall. So in essence 8 screws. The builder did this without asking the neighbour inquisition. Huge mistake on his behalf, and now the neighbours are threatening with legal action, unless my mum removed the two posts and fills the holes created by the screws.

Don't get me wrong the neighbour should have been approached. So here are my thoughts. If the deeds do not show who is legally responsible for the wall, then I would have thought that it is shared. If it is shared then surely my mum can screw (within reason) what she likes to her side of the wall? I should add, prior to moving in, there was already a gate and trellis attached to the vey same wall, which my mum has removed, so in essence there is no more or no less attached to the very same wall as before. It's two wooden fence posts, not a car port. The only thing that makes me question it, is the fact that this wall though continuous from back to front, becomes the outside face of their garage.

I have suggested that my mum goes round to the neighbour to try to placate them, and avoid legal action.

So the big question is, is my mum legally allowed to secure the posts to the boundary wall that faces her property with screws that have sunk about 2 - 3 inches into the wall?

[echat11]

HI MARK041067

I can't answer directly - but here's some info (link posted for info only) -

https://alwenajonesbright.co.uk/boun...w-your-rights/

No doubt other members will respond directly.

[des8]

From your description it appears that the wall, for its whole length, is built up to the boundary line but probably belongs to the neighbour. I doubt ownership of the wall is shared.
To that extent the neighbour can quite reasonably request the screws are removed and the damage made good.
The fact that previous owners of the properties had allowed or granted permission for a gate & trellis would not mean your mother automatically has a right to drill into their garage wall.

As she is likely to be neighbours with next door for sometime I would certainly agree with popping along and apologising, and explain the builder unwittingly exceeded his authority.
She could point out, in a neighbourly way, that their wall further up is deteriorating and they might need to carry out some maintenance. If it is badly spalled it might need rebuilding before it becomes a danger to your mother.
Suggest perhaps they can cooperate over boundary matters.