Boundary wall removal and obligation to re-instate?

[bazerd]

Our neighbour is currently building an extension to his property which may be too close to our boundary. We are in the UK at the moment and received an email from him last weekend informing us that he had taken down the boundary wall between our properties because it was "ugly". We are left without any means of preventing people and annimals from having access to our garden and property. Does anyone know how we can find out exactly where the boundry is and who owned the wall? If it was his wall is he obliged to re-instate it? Also what course of action might might be open to us if, for example he has moved the boundary onto our land.  He made it quite clear that he wanted to acquire some of our land in order to expand his garden however as we only purchased our house recently we advised him that we would need to give our plans for the garden some further thought and get back to him, we have since decided to retain our land.

Many thanks in anticipation of any help or similar experiences.

 

 

 

[bazerd]

Perhaps my question was not clear so I should blame myself for getting no responses yet?

If a neighbour removes a boundary wall or fence which seperates the properites is there any legal obligation to errect anything in its place? Does it make any difference if the wall or fence removal opens up free access to the public?  It would make sense to have a law for something like this? otherwise children, dogs, animals etc could stroll around our property!   

Hopefully someone can help PLEASE

 

 

 

 

[Iceni]

1. Whose wall is it ?

2. The answer to 1 above will determine your next step - but it will almost certainly involve a French solicitor.

3. Common sense suggests that the responsibility for keeping unwanted visitors out of YOUR garden is YOUR responsibility

John

not

[Rascalb]

Not sure of legal requirement to replace boundary fencing, but have friends who had a dispute over boundary. They called in Geometre - can be found in most towns- kind of legal land surveyor. He comes out with Cadastral plan and marks the boundary in aerosol paint on the floor. You can then decide if you have the correct land and pur up your fence. I should add that a cost is incurred but not too expensive.They were slightly different as they had no existing fence, but have erected a basic post and wire fence now. Hope this helps.

[Tony F Dordogne]

Why not just ask the neighbour what's happening about the fence?  That would inform your next move.  If they said they were not reinstating - and I suppose there's no reason why they should except if it's your fence and on your land - I'd just put a fence up, my side of the boundary so that if the neighbour doesn't reinstate, I'd have the fence in place and that would stop people/animals roaming across the land.

I think a geometre costs about E700 to do a survey, well that's the quote I received.

[Tony F Dordogne]

Sorry, should have added that it seems a smart way on his part of getting his larger garden unless you do something proactive.  You must put some sort of a barrier up, then he's confined to his current garden space.

[Ron Avery]

[quote user="bazerd"]

Perhaps my question was not clear so I should blame myself for getting no responses yet?

If a neighbour removes a boundary wall or fence which seperates the properites is there any legal obligation to errect anything in its place? Does it make any difference if the wall or fence removal opens up free access to the public?  It would make sense to have a law for something like this? otherwise children, dogs, animals etc could stroll around our property!   [/quote]

I think a lot of people had a problem undersrtanding how if this boundary is between your garden and his extension how  does the public and animals have free access?  [*-)].   There is also a lot of difference between removing a wall and a fence.  If it was his wall/fence,  he can do what he likes and is under no obligation to fence your garden.  As far as boundaries go, when you bought your property you should have been given a plan, so if you do not know who owns the fencing, ask the Notaire.

But are you crying before you have been hurt?  As you seem to be on good enough terms with your neighbour that he E mails you in the UK and presumablty keeps an eye on your house for you,  how do you know that a " pretty" fence will not be reinstated after the work is finished?[:)]

[le bouffon]

It may depend on how well you want to get on the the chap next door,I would not let him walk all over you because you are a "nice english.. etc"if he is on your land he is on your land and so he should not be there with out permission.The cost of a chain link fence and posts are not to expensive as to stop you puting up your own fence,and then a metre or so back putting up some fast growing pine,lylandi would be good.

[Loopy Lou]

Try talking to your neighbour first to see what the plan is and to maintain good relations.  It is so important, wherever you live, to keep up a cordial relationshio with your neighbour, but without letting him take advantage.  If that doesn't work, have an official boundary marked and put up your fence.  Plant a hedge within it, one metre from the boundary, but please don't plant the ghastly laylandii.  Vile stuff.  If you can't wait for a mixed hedge to grow, try rose hedging or laurel.  At least these have the benefit of rejuvenating if you cut them back hard, which laylandii do not.

[Teamedup]

[quote user="bazerd"]

Perhaps my question was not clear so I should blame myself for getting no responses yet?

If a neighbour removes a boundary wall or fence which seperates the properites is there any legal obligation to errect anything in its place? Does it make any difference if the wall or fence removal opens up free access to the public?  It would make sense to have a law for something like this? otherwise children, dogs, animals etc could stroll around our property!   

Hopefully someone can help PLEASE

 

Well frankly saying that is a bit of a cheek as Val2 and my self answered you on the other thread you started. I answered on the day you asked the question.

 

 

 

 

[/quote]

[bazerd]

Many thanks to everyone that has responded - all really appreciated and a great help.

 

Sorry for any confusion I created and the other thread that my wife started on my behalf.

 

My response To the questions and advice:

 

The neighbour says it is his wall

We will talk to him about his intentions

We will get a Geometre if necessary

The neighbour has no fence or wall to the side of his garden so access is now possible through his land onto ours

We like the idea of using Laurel - anyone know what it is called in French please?

Can anyone reccomend a good, resonable fence supplier and errector in the Babazan, St gauden, Luchon area please?

ONCE AGAIN MANY THANKS FOR ALL THE HELP

 

[Dick Smith]

When we bought our place it was unfenced, and part of the agreement was that we had it marked out by a geomètre and a basic fence installed to keep out 'the beasts'. In our case at the moment (as the back garden closely resembles the nastier stages of the battle of the Somme) we have stuck with posts and wire, but may later put a hedge inside that, as the p&w is needed to discourage the bêtes. Big milky things in our case who piddle in our well, so I'm not sure a 'pretty' fence would either keep them out or fulfill the terms of the agreement. I must say that when our neighbour damaged the fence (an old barn mysteriously fell down - "tempête... " shrug) he apologised profusely and reinstated it quickly.

[Blanche Neige]

We like the idea of using Laurel - anyone know what it is called in French please?

 

Laurier but it can also mean a Bay tree. Our neighbours have a Laurel hedge it grows very quickly, luckily it is they who have to cut it and not us.