Dispute with neighbour about boundary paint line.

Discussion in 'Painters' Talk' started by Dave Marten, Apr 20, 2021.

  1. Dave Marten

    Dave Marten New Member

    Hi All. Can anyone tell me who is right and who is wrong please regarding myself and neighbour.
    I'm just about to have my outside walls painted, scaffold up and ready to go.
    My house is an end terrace of three houses. Myself and the other end terrace have side entrance to our rear gardens, but the house in the middle has a tunnel/allyway running between my house and his. Now I know this is his tunnel and he is the only one who uses it, but we can't agree where the boundary line is where his paintwork would butt up to mine.

    Downstairs I can agree with him as my party wall ends at my side of the tunnel, but upstairs my party wall goes further over the tunnel to the center of the tunnel. My way of thinking is that is where our paint jobs should meet at the center of the tunnel, but he says the vertical paint line should meet on the edge of my side of the tunnel. That would mean although our houses are identical, his house would look larger than mine. i think that's his game as he has come way into our house with his guttering, faceboards and soffits.

    The terraced houses in our street are identical to ours and where there is a tunnel they all have their paint jobs meeting in the center of the tunnel which I pointed out to him.
    Has anyone come across this problem before please.
    Photo attached showing top of tunnel, my house is the right hand one with scaffolding.
     

    Attached Files:

  2. quasar9

    quasar9 Screwfix Select

    Does any part of your dwelling jut out into the middle of the tunnel, in which case your party line is in the middle as you say but if his dwelling occupies all the space above the tunnel he is right. It’s best try agree this mutually or via arbitration. A legal remedy will be expensive, protracted and further aggravate the issue.
     
    Dave Marten likes this.
  3. jonathanc

    jonathanc Guest

    Your property goes up to the wall that joins the neighbours house. If this is over “his” passage then you will have a flying freehold. Get a copy of your deeds which you can download from the land registry. That should make it clear
     
    Dave Marten likes this.
  4. Astramax

    Astramax Super Member

    Could be in the house deeds...if so no argument then !
     
    Dave Marten likes this.
  5. Dave Marten

    Dave Marten New Member

    Yes the bedroom juts out over the tunnel. See my air vent in the photo, that air vent inside is 22 inches from the inside bedroom wall over the tunnel, so adding the thickness of that wall puts the center right between his air vent and mine.
     
  6. Dave Marten

    Dave Marten New Member

    Good idea, the deeds have been with a solicitor for years for safe keeping, I never knew they could be downloaded, so will look into that.
     
  7. Dave Marten

    Dave Marten New Member

    I will be checking the deeds to see. At moment they are with a solicitor for safe keeping.
     
  8. Astramax

    Astramax Super Member

    Generally it would be half way over the arch.
     
    Dave Marten likes this.
  9. quasar9

    quasar9 Screwfix Select

    You have a flying freehold. Effectively, an overhang over another freehold property or land, in this case your neighbour owns the land under the tunnel and has exclusive access to it. These flying freehold are far more common than you think as eaves and guttering can overhang a neighbouring freehold. In these cases the maintenance falls to the owner of the flying freehold.
     
  10. Dave Marten

    Dave Marten New Member

    That's what i think, just waiting for him to come home then I can approach him again about it.
     
  11. Dave Marten

    Dave Marten New Member

    Thank you all for your replies, was most helpful which gave me more confidence to approach him.
    I have not long come back from a chat with him, and a pleasant chat it was. We ended with both agreeing the vertical paint line is in the middle of the tunnel. Not sure if he had done some research himself or had a change of heart, but I am very happy with the outcome. Most of all I am so glad we didn't fall out over it as we could be living next door to each other for years.
    Thank you all again.
     
  12. Astramax

    Astramax Super Member

    Well done, great result. :)
     

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