Consumer lawyer Dean Dunham KC has provided advice on two common disputes: a neighbor's plan to build an extension up to a shared fence line and the recovery of lost property from a holiday rental.
Boundary Disputes and Property Extensions
A reader inquired about a neighbor's intention to build an extension that would require the removal of a jointly funded fence. Dunham explained that generally, a property owner is permitted to build up to the boundary line of their land without needing a neighbor's explicit permission, provided the construction adheres to planning regulations and building codes.
However, if the construction involves building on the boundary itself or excavating foundations close to the adjacent property, the neighbor may be legally obligated to provide formal notice under the Party Wall etc. Act 1996. This act does not grant the neighbor the right to proceed without consideration, but it does afford the adjoining owner certain rights, such as appointing a surveyor at the builder's expense to safeguard their property.
The ownership of the fence in question is a separate consideration. While joint funding may suggest shared responsibility, it does not automatically confer joint ownership. Ownership is determined by the fence's location, the property's title deeds, and any prior agreements. If the fence is jointly owned or constitutes a party structure, the neighbor cannot remove it without consent. Unauthorized removal could constitute trespass or criminal damage.
Dunham advises open communication. He suggests discussing whether the Party Wall Act applies, and if the fence must be removed, to secure a written agreement on how the boundary will be temporarily secured, if and to what standard the fence will be reinstated, and who will bear the cost. Checking the property's title deeds is also recommended to clarify fence ownership and maintenance responsibilities before any action is taken.
Recovering Lost Property
Another reader sought advice after leaving a watch in a holiday apartment. The owner initially agreed to post the item and accepted payment for postage, but the watch never arrived. Subsequent contact revealed the item was with a former cleaner, and the owner stated they could do no more.
Dunham clarified that the apartment owner has a legal duty of care, known as bailment, once they voluntarily took possession of the watch and accepted payment for its return. This duty requires them to take reasonable care of the property. The owner cannot disclaim responsibility by blaming a former employee, as employers are typically liable for the actions of their staff during employment.
Furthermore, a contractual issue exists, as payment was made for a service (returning the watch) that was not fulfilled. The reader is entitled to at least a refund of the postage fee. If the watch was lost due to the owner or their staff's failure to exercise reasonable care, the reader may be able to claim the full value of the watch.
Dunham recommends writing to the owner, detailing the events, and requesting the return of the watch or compensation for its value, plus the postage refund. If the booking was made through a platform like Airbnb, utilizing their dispute resolution process is advisable. For unresolved issues, pursuing a claim through the small claims court may be an option. Checking any relevant personal insurance policies is also suggested.