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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1734
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I have had an offer accepted on a plot of land that has

Customer Question

Hi. I have had an offer accepted on a plot of land that has been carved out of the curtilage of a Grade II listed building. Planning permission for a dwelling has been granted. Neighbours in the two adjoining properties on one side raised objections to the planning application on the grounds that as their houses and gardens were in a downslope position they would be intrusively overlooked but these were dismissed by the planning authority (Monmouthshire County Council). Also, all of their windows are far enough away to be unaffected by the 21m rule. The neighbours are now saying (through their shared solicitor) that they intend to erect a "non-see through fence" on top of the boundary wall. Because the wall is over 2m high on the neighbours' (downslope) side, I understand that they would need to acquire planning permission to do this. A fence on top of the wall would seriously affect the view from the planned property and the desirability of the land, and hence its value. The neighbours' solicitor claims that they own the wall "which is clear from their registered title". The neighbour's deeds state that they have responsibility to maintain the wall but not that they own it. The neighbours' solicitor claims that it is not a party wall (party fence wall?) and is therefore not subject to the 1996 Act. I need to know whether there is a realistic possibility of the neighbours being able to carry out their stated intention to build a fence on top of the wall. Andrew
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Thanks for requesting me but this isn't my area.