Neighbours building extension and removed our fence without permission

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    #31
    You need to stop them unless you are willing to lose that piece of land.

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      #32
      Police should have been called to stop them tresspassing when they were digging the trenches or pouring the concrete.

      Looks like your in a bit of a pickle now they've poured the concrete, you need to stop this,or the wall will be up before you can blink.

      Have you instructed a Party Wall Surveyor and sought a court injunction to stop further works.

      If you do not stop the works - then a court is far less likely to grant you an injunction, as it will be up and done, and they will not see the point of it.

      You need the protections of the Party Wall Act in place, and an 'Agreement' drawn up - a statuory 5 weeks from issue of Notice must also elapse.
      You should have received the Notices and given opportunity to appoint your surveyor, before any work can commence on the party line.

      The Agreement contains plans, drawings, photo's before the works, and limitations on what can and can't be done. It is usually a thick wad of papers.

      A professionally qualified surveyor should have been appointed by the adjoining owner, which obviously hasn't happened, they will have to pay for that, you also need to be represented by a surveyor, and again - they will have to pay for that - you can instruct your own independant surveyor (again - they pay for that) - which is higjhly recommended.

      The bill to get the Agreement in place will be anywhere from £1500-£3000 + VAT - in normal times, the adjoining owner obviously has thought they could skip that step, and I would suggest knowlingly. People/Rogues acting as though the laws do not appy to them. You have the full weight of the law behind you, pursue it,

      Party Wall Act:
      https://www.gov.uk/guidance/party-wa...-1996-guidance

      Some guidance on Eccentric foundations:
      https://www.blsurveyors.com/eccentric-or-concentric/

      Let us know how you get on, I am interested to know.
      Information on carrying out building work under the Party Wall etc Act 1996, or what to do if your neighbour tells you they're about to carry out work.

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        #33
        Or tell him you'll sell him 4 inches of your land for £10k. The footing will stick out further than the wall but it appears from the photo they won't be able to build the wall entirely on their own land?
        The other option would be to charge him (payment in advance) for allowing them to do it from your side.

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          #34
          You really need to be strong here, stand up for your rights

          dont let these people walk all over you

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            #35
            Originally posted by Bounce View Post

            Thank you, out of interest, how much roughly was the legal bill? I can't understand why they think it's OK to just turn up and take over my property without my consent!
            I think about £7k. The neighbour was uncooperative so I needed a litigation solicitor and the matter was set to go to court, but my mother died in the middle of the dispute and I just couldn’t face a court action at that time. The party wall surveyor was useless as well; he was more responsive to the other party who was so clearly in the wrong - probably because she shouted louder than I did – so all in all a very unpleasant experience.

            I agree it seems very unfair that you have to have cost and aggravation to defend your own legal rights against someone else’s wrongdoing.


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              #36
              After speaking to the builder last week, he agreed to put everything back how it was and then continue with his work on there side...

              I have attended the property this morning and they have started laying their blocks, but nothing repaired on our side. I assume they are looking to do their works and do ours after so that they can come as close as possible to the boundary.

              I have informed the legal cover from our landlord insurance, they are going to review it. Its unnecessary stress for us as we haven't done anything wrong...The whole system frustrates me, no authority will help, you have to take things in to your own hands!

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                #37
                The council have sent me a copy of the letters they sent. There was 3 applications within a 2 year period, and they were sent a letter each time.

                They said they didn't receive them at all, but the council say its a bit strange they didn't receive even one of them!

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                  #38
                  I bet they received them all and filed them in the bin. A lesson for us all I suppose - keep an eye on your local council planning applications portal for the locality of your property - something you need to know about could be going on and you would not know.
                  Unshackled by the chains of idle vanity, A modest manatee, that's me

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                    #39
                    Absolutely... I think I will be making sure when any tenants move into any of my properties, that if a letter of this sort comes, they MUST let us know..

                    The letters say if you are not the only owner/occupier, you must forward it on. 😡😡

                    A lot of stress and hassle could have been avoided... The neighbours are still in if wrong for what they have done, but unfortunately the relaxed system allows them to get away with things..!

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                      #40
                      There is an online service where you can get planning alerts:

                      https://planning.org.uk/

                      I have no interest in this organisation !

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                        #41
                        Thank you...

                        They wanted to put their scaffolding on our side so they can continue works...

                        We have said no, and now they asking us to change our minds... Surely they can build just from their side without disturbing us..!

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                          #42
                          If all on their side, more likely to fall down or collapse on your side. I'd agree a limited number of uprights ... for your own sake.

                          If possible for something you want , not financial.
                          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                            #43
                            Our neighbours prevented our builders from any access, even in their air space. So our offers of protecting their path fell on deaf or should I say dumb ears. In the end their side path was a real mess - and they had to clean it up.

                            how stupid some people can be

                            so back to the OP, I would be asking for a new fence, with concrete posts and gravel boards ..... and cleaning services so any muck is cleared away

                            Comment


                              #44
                              A new fence should be done anyway as they took our new fence down and dug into the garden and laid their foundations without our consent..

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                                #45
                                it’s up to the home owner to tell the builder, in writing what they are expecting to see .....

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