Neighbour Issues

[specials]

I am looking for some guidance how to tackle a couple of wee problems with my neighbour.

We stay in a end terraced house, part of a four in a block, the upstairs houses have a driveway at the side (long enough for 4 cars to drive in).

A few years ago, my neighbour asked if she could fix the fence that separates our garden, I agreed.

A close neighbour has since told me that the upstairs neighbour moved the fence around "8 inches" in her favour, I hadn't paid attention to where the boundary lay so don't feel I can tackle the neighbour about this without the necessary proof.

Is there something I can do such as get a surveyor to look at my plans to confirm where the boundary fence should sit, and then legally show my neighbour that he has breached my property and force them to move it.

The reason I am now keen to get this matter resolved is I am about to get my front garden converted to a double driveway and want to ensure the correct area of my from garden is used.

Also, we have a back garden that can be accessed through the house, we have a back gate that leads onto their driveway, we have also been led to believe we have reasonable access to the back garden via the driveway - for gardening, moving waste etc - my neighbour has told me to STOP using her driveway but all my other neighbours tell me that access is allowed.

The other issues I have is that following recent bathroom conversions, their overflow is simply a pipe that discharges onto my extension roof, I wouldn't think this was allowed as any leakage could potentially damage my roof, I would have thought the overflow should have been piped into one of the outside waste pipes.

Lastly, the neighbour has fitted an outside tap (up the driveway) but has effectively attached this to MY wall - is this also allowed.

I'd be keen to understand who best to employ to advise me and help with ensuring where my neighbour is not within his rights that I can legally prove what my entitlements are and ask the neighbour to carry out the relevant works and agree my access rights.

Any suggestions and help will be gratefully received.

THANKS

[labman]

Re: Neighbour Issues

Land Registry Public Guide 19 Title plans and boundaries

May help with some of the issues.

[bluebottle]

Re: Neighbour Issues

Hi Specials and welcome to Legal Beagles.

In answer to your question, you will find where the boundary is between your own and your neighbour's property in the title deeds to your house. This should also give details of any covenants attached to the property, including rights of way, rights of access, etc..

Labman has given you an excellent source of information available from H.M. Land Registry for a copy of the title deed, should this document not be in your possession.

With regard to the issues of the overflow pipe discharging onto your extension roof and outside tap for your neighbour's property being fixed to your wall, do you know if this work was subject to clearance by a local authority building inspector? It might not be a bad idea to speak to the Building Control Officer at your local council about the overflow pipe and outside tap issues as they might be able to help you in this respect. The boundary and access/right of way issues, however, may need to be handled by a legal professional specialising in that area of the law. If you need a solicitor in your local area, go to http://www.lawsociety.org.uk.