My brother has recently bought a terraced house. The previous owner of the house is now deceased and he bought it from the estate.
The neighbouring property owner built a new retaining wall about half a metre high by 80cm wide by 10 metres long in 2014; The properties are built on a slope and each garden is lower than the next. The neighbours have put a fence on top of said wall. However, we believe that about 40cm of this new wall falls on my brother’s land. This assumption is based on if you stand in the back garden and look at where one house ends and the others begins, the new wall is over to my brother’s side of this dividing line, the fence sits exactly in the middle and visually is on the dividing line. (if that makes sense). The land registry plan shows the boundary to be in-line with the fence dividing line as described above. I have no idea whether the neighbour got the approval of the previous owner and he can’t ask them as they are deceased.
The wall is breeze block and unsightly. However, the main issue is that my brother wants to build a 3 metre rear extension under permitted development. In doing so he may disturb the foundations of the neighbour’s new wall. As the neighbour’s wall exists, does my brother have to narrow the width of his extension in order to avoid damaging the foundations? This may mean he loses quite a bit of his extension width.
If the new wall should have been a party wall and relevant notifications submitted, can my brother pursue this or did this requirement die with the previous owner.
I have drawn a picture but don't know how to upload from my pc. Google earth history shows, albeit faintly, the line of the old boundary fence before the new wall was built. I beleive that to be the correct boundary.