Garage Party wall dispute with neighbour

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Garage Party wall dispute with neighbour

    Hi All.

    I am doing some major works at my house, which involves a rear extension and also a garage conversion as well.

    Below is a timeline of what happened.
    1. When we bought the place, we spoke to the neighbour to talk about our plans.
    2. They didn't have any objections.
    3. Neighbour asked me if we could knock down the party wall and rebuild it. I agreed to do this at my cost, just for them to pay for the cost of redoing their felt roof, but I agreed to pay for the wall. At the time, I didn't understand the issue and the fact that the 2 roof fall into my side, and I downplayed the issue and said I would build a wall, thinking that was the only solution, I didn't realise at the time that the neighbour would also need to raise the height of their roof as well and make it fall to their existing kitchen flat roof.
    4. I sent the neighbour a party wall agreement, 2 agreements one for digging within 3m and the other for the party wall.
    5. Neighbour signed the party wall agreement for digging within 3m, but changed their mind on the garage on the advise of the wife who is against it.
    6. Neighbour apologised and said it was his wife, which I completely understand.
    7. My architect then came up with another proposal, which is not to build a party wall, but instead use 3/4 coaches of class 2 bricks, and then have a timber frame wall, I also agreed this with building control, the only issue is that the existing party wall is not high enough, and the fact that the neighbours garage roof falls towards mine, which means whenever it rains, it will go towards my wall and damage it.
    8. The neighbour did this drainage years ago when they had water ingress into their house, and decided to put a funny drain between the 2 houses and make it go into mine. Now, that might be fine with the previous owners, but i am not Ok with it now and I need it removed.
    9. I approached the neighbour this week to inform them that I now understand the issue properly and the only solution is to raise the party wall, and the fall done properly because if it stays as is, the water is coming towards my side. The wife was against this, even though the husband was in favour. They asked me how much my builder would charge, of which I didn't know at the time, as I had not spoken to my builder.
    10. They were arguing amongst each other, and I said the best thing was for them to call other roofers and get a 2nd & 3rd opinion about it, and I would also get them a cost to redo thier roof which is what they pay for, I pay for raising the height of the party wall and to do my roof obviously.
    11. To my surprise 2 days after, I get a letter in the post saying based on our last conversation a dispute as arisen and they would like to appoint a surveyor.
    12. More recently, after the above happened, I saw the neighbour and informed him that my builder has now said that its possible to build another layer of roof on top of their existing roof. The hope was that this would remove the need to remove their roof and all the associated disruption, what would need to be done is that about 2 inches of their roof needs to be removed so that 5/6 courses of brick can go up against the existing wall, at the moment it only has a felt on it. The felt would need to be removed so there can be mortar contact with the new courses of bricks and the existing wall. He said he would discuss it with his wife however it sounded like a good idea.
    13. When the offer above was made,on thesame day I saw my neighbour and his son in front of my garage discussing, so I popped out. The son was very uncooperative and very unreasonable, any explanation I offered he kept saying it would be unworkable, they wanted me to do a roof but don want the timber touching thier wall, how wil the roof be supported, the existing roof has timber supporting it, but the roof i am proposing I make for them, they do not want the timber touching the side wall of their house.
    14. Sensing what was going on here and the fact that we had hit a deadlock, I then said hang on a minute, how about the drain for the roof pouring water onto my garden not via a drain, pipe or anything just water on the floor, surely my garden would be getting flooded and this would be unacceptable to me as well.
    15. The son was like, well well well its been like that for years, and i should have known about this when I bought the house bla bla bla, the father was like he would do a pipe to divert the water into his garden and build a soakaway.
    16. After hearing what the father said, I just felt it was madness, you would build a soakaway to do all that rather than just take of offer of building you a new roof and making the rain water fall onto his existing flat kitchen roof, this is what I am doing on my side.
    17. Neighbour said to me whilst whispering, if he had known he would not have signed the party wall agreement allowing me to dig within 3m of his land.
    18. The truth of the matter is that, I find it crazy that I cant raise the wall even though, I am the main benefactor but he also benefits as well, as he would then have his roof fall to the rear of the house and drain through a proper channel, the other alternative for me is that I could dig my existing garage and build a new wall, however if my neighbour forces me to do this, then i would INSIST that the drain must be channelled into his house and not my garden. The only way to do this is to raise the wall which is what I was proposing.

    Now, I would like to know where I stand legally on this. Its really spiteful, especially after we have been cordial before this, and just because the wife doesn't want to move the fridge/freezer and have the garage without a roof for 3/5 days, whilst the issue is resolved, they are thinking going to the surveyor is the solution. I would like to know if by having a metal pipe draining into my garden which is in a bad state and could injure my kids, whether my neighbour is guilty of trespass and also constituting a nuisance as well.



    Thanks in advance.


    #2
    More photos

    Comment


      #3
      More photos again

      Comment


        #4
        Now more photos

        Comment


          #5
          There are two issues here.

          The first is what you can do under the Party Wall etc Act 1996. That can only be answered by someone who understands the technical aspects of the Act, which I do not.

          The second is whether the neighbour has a right of eavesdrop, that is the right to have water drain off his roof onto your property and from there into a drain on your land. Assuming no such right was granted or implied on a sale, the right needs to have been exercised for 20 years before it becomes established.

          Comment


            #6
            So the rain water off his roof is just pouring onto your garden and foundations, this will if anything like a house I bought recently cause major problems. We ended up having to do foundation and wall work. Be aware

            Comment

            Latest Activity

            Collapse

            Working...
            X