Building on shared boundary

[Emm.chell]

Our neighbours ripped up hedges on the shared boundary and then replaced them with fence panels without asking us or getting our permission (I think this is a breach of the party wall act) but then began to build a building that rests up against the fence posts and overlapping them, making the fence posts part of the building structure. They are saying as the building doesn’t come over 50% of the fence posts that it’s their half and therefore it is fine. Our argument is that the fence/fence posts are on the shared boundary and therefore are shared entirely so no part of the building should touch/overlap the fence posts. Who is right?

[des8]

Have you checked with your land Registry file to see if it states who is responsible for the fence/hedge?
https://www.gov.uk/search-property-i...-land-registry

[atticus]

Why the new thread when you have already asked the same question?

https://legalbeagles.info/forums/for...ing-permission

[Emm.chell]

It’s definitely a shared boundary the title states both sides are responsible.
sorry about opening a new thread we didn’t get a resolution so we’re at a loss as to what to do now.

[des8]

The wording in your title register states "“the walls and fences ..... shall be deemed party walls and fences”
Is that " party walls and party fences "?
Party fences would not be covered by the Party Wall Act which refers to "Party Fence Wall"
WALLS are masonry constructs and I doubt a wire fence or concrete posts can be deemed a party fence wall,


You don't say what sort of building is under construction, nor why you would have concerns about your neighbour incorporating his side of the posts in the building.

Just bear in mind boundary disputes can easily get out of control, become extremely expensive and cause problems if you come to sell.
Besides which you will still be neighbours

You really need to try and sort your concerns with your neighbour without getting all legal.