Boundary issue with a new build

[Holden]

Hi, the new owner of the property next door has put in 3 planning applications, and has got it past each time. But each time he has appropriated in the plans about 0.3 meters of the space between our detached properties. I have a party wall agreement but apparently the boundary, which photos have been taken of, is not part of that agreement. I doubt he will stick to the existing boundary due to his previous behaviour. If he were to encroach, what action is available as he's getting these plans passed even though I've pointed this out in my objections? The boundary fence has been there since I moved in and before that.

[des8]

I assume that you do not get along with your neighbour and will not be exchanging Christmas cards

First thing to note is that the local council will not be concerned about boundary issues when deciding the application.

Regarding the passageway gap between your properties: how is it owned? eg 50% each with right of way over the totality by both owners or some other way?
Is there a fence down the length of the passageway?

Does the gate close the whole of the gap? Whose gate is it?

Above all what is recorded on Land Registry about ownership and any covenants about right of access

[Holden]

Hi Des8, The passageway I'm referring to is on my property, I have a large metal gate across the passageway that's been there 30+ years and a worn out fence separating the two properties. It's the neighbours fence and has been there even longer. The neighbouring property is now demolished, but prior to the demolition there was a large gap between the neighbouring house and fence, enough to park a large car. But plans already passed will close that gap significantly. I don't know the neighbour, strikes me as a property developer, but the way they went about demolishing the house I think he knows the game well and I don't trust him. And as the position of the new build relative to mine would mean little room to access their side door if he stuck to the current boundary, I trust him even less. The passed plans show the passageway on my side and a new fence, but reduced the width. It's a detached house and the passageway was on the plans included in the deeds, complete with gate, although the previous wooden gate was replaced with a metal one 30 years ago. I don't know the precise width in those plans, only that the fence has always been where it is.

[des8]

Are you saying the plans indicate he intends to move the fence on to your property and so enclose some of your land?

[Holden]

Yes from the plans it looks to be around 0.3 meters towards my house through the width of the gate. I should also add that in the planning application he showed the previous and proposed building plans, and in the previous buildings plan he also portrayed the passageway running alongside my house to be smaller in width than it is.

[des8]

So write (first class post with free certificate of posting) pointing out to him that his plans mean he will be trespassing on your property, and that if he does you will protect your position by all legal means available.

However do be warned that this could prove an expensive exercise, and if possible an amicable discussion (at least to begin with) would be preferable.

You might end up having to apply for an injunction to prevent his acquisition of your strip of land, and if he opposes that you might need to have the boundary determined.

You could arrange to place a fence just on your side of the boundary line, without damaging his fence (you don't want to face a charge of criminal damage!).