party wall (garden fence) sorry longer than I thought

having read the party wall act (thanks to OP)

I am wiser but still need info:)

Have a slatted wooden fence currently between neighbour back garden and my back garden. its 30 years old but has no obvious defects. is not leaning has not rotted in any places etc.it has huge posts 3x3 inches and solid slats on the diagonal. his garden is up to 3 ft higher than mine for a stretch of about 6 feet then it slopes down and is same height as mine at the other end of the garden.

so neighbour wants to put in a retaining wall.
I actually have no objection to the wall itself, however I have a huge objection to the builder he wants to use, nothing personal I hasten to add. I don't know him or anything.:)

problem with builder is last year he built same neighbour another wall.
He built it with 2 inches of foundations and built it in 2 days, this is a 25ft long 4ft high wall. where it is wont affect me but its shoddily built and I do not want the same builder to actually build a retaining wall where it will affect me if it falls down.

builder also built this wall 'around' a tree stump and then filled in the blank space later after the stump had been pulled out.

I plan to give neighbour a copy of party wall act but will I have the option to veto the builder or do I just say no wall?

and if he does end up using the builder and the wall falls down do I have some comeback? asking because an awful lot of his garden will fall into mine when the wall fails.

sorry this is much longer than I thought it would be:)
and many thanks for any replies
63 mortgage payments to go.

Zero wins 2016 😥
«1

Comments

  • anotherbaldrick
    anotherbaldrick Posts: 2,335 Forumite
    Whose boundary is it legally from the deeds ? Yours or your neighbours ?
    You scullion! You rampallian! You fustilarian! I’ll tickle your catastrophe (Henry IV part 2)
  • missprice
    missprice Posts: 3,735
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    its mine according to deeds.

    thanks
    63 mortgage payments to go.

    Zero wins 2016 😥
  • BertieUK
    BertieUK Posts: 1,701 Forumite
    You could put yourself in a tricky situation here, with the deeds saying that it is your boundary, you're the responsible party as far as I can see, so you have the last say in the matter.

    I don't think that I would feel at all comfortable with this situation.

    Professional advise would be my thoughts...before you commit yourself either way.

    regards

    BobUK
  • McKneff
    McKneff Posts: 38,816
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    Have you actually spoken to the neighbour about your concerns.

    Seems the obvious first thing to do.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • 27col
    27col Posts: 6,554 Forumite
    If there is not going to be a substantial foundation, then there is little point in building a wall at all. It will fall, crack, or be blown down in very short order.
    I can afford anything that I want.
    Just so long as I don't want much.
  • missprice
    missprice Posts: 3,735
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    McKneff wrote: »
    Have you actually spoken to the neighbour about your concerns.

    Seems the obvious first thing to do.

    yes and he assured me that 'that' builder would not be used, however I have seen that builder yesterday in his garden and they were talking about building something, could not hear what. and to be fair even if he does not use the bad builder he could find someone equally useless:)
    27col wrote: »
    If there is not going to be a substantial foundation, then there is little point in building a wall at all. It will fall, crack, or be blown down in very short order.

    completely agree. this is my main problem
    I have a fence that is serviceable for a couple years more yet and when it fails I will have a wall built at my own expense, and properly:)
    63 mortgage payments to go.

    Zero wins 2016 😥
  • missprice
    missprice Posts: 3,735
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    BertieUK wrote: »
    You could put yourself in a tricky situation here, with the deeds saying that it is your boundary, you're the responsible party as far as I can see, so you have the last say in the matter.

    I don't think that I would feel at all comfortable with this situation.

    Professional advise would be my thoughts...before you commit yourself either way.

    regards

    BobUK

    thanks Bertie what do you mean by tricky? for me or him?
    and professional advice I assume you mean a solicitor and not local council?
    63 mortgage payments to go.

    Zero wins 2016 😥
  • BertieUK
    BertieUK Posts: 1,701 Forumite
    I would think that it could be tricky for you, neighbours are a big part of the community, and it would be best to discuss these points that you have made, re shallow founds etc. with your neighbour first and point out your concerns.

    The last thing that you want is to have problems in the future.

    I would suggest your Council first.

    Regards

    BobUK
  • missprice
    missprice Posts: 3,735
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    BertieUK wrote: »
    I would think that it could be tricky for you, neighbours are a big part of the community, and it would be best to discuss these points that you have made, re shallow founds etc. with your neighbour first and point out your concerns.
    Already done this when he suggested a wall. I pointed out it will have to go right down to the concrete base my house sits on (had a wall built myself so I know how far down it is) he said no problem but he does not seem to realise around 6 feet 'across' of his garden will have to be dug up and put somewhere plus a smaller amount of my garden. its going to make a huge mess (which is not insurmountable) and take more than the 2 days his previous wall took. I cant seem to get through to him and I have no idea what it will take to make him see this is a HUGE project.

    The last thing that you want is to have problems in the future.
    Have had some big problems with him anyway yet I am willing to let bygones etc if it keeps him happy but not at the expense of my garden

    I would suggest your Council first.
    thanks Bertie will try them first

    Regards

    BobUK

    thanks for replying:)
    63 mortgage payments to go.

    Zero wins 2016 😥
  • martinthebandit
    martinthebandit Posts: 4,422
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    missprice wrote: »
    I will have a wall built at my own expense, and properly:)


    The obvious answer to me seems to be tell your neighbour that if he contributes something towards it you will get it done. Then you retain control of the job and can ensure its done properly.
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