Advice on how best to avoid a dispute please

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  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
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    moneyistooshorttomention wrote: »
    True that OP needs to be aware they might deliberately muck up the look of the wall - but boundary walls can be hidden one way or another if it comes to that.

    But OP needs to weigh that up against invasion of his privacy/not being able to use his garden as normal whilst this is going on/etc.

    Personally I'd probably go for allowing it under extremely close supervision and them having to accept they werent going to hinder my use of my own garden whilst this was going on or store any of their stuff in my garden ditto. This is the attitude I took in my last house - until I found their workmans paint splattered on my plants and the neighbour refused to put matters right (ie buy me new plants). After that I had to refuse access full stop.

    I allowed access on current house - until the same thing happened and I found there had been damage to my property and the neighbour this time refusing to put things right as well.

    Now I just don't allow access here either full stop. Otherwise things land up going "one way" - as I've ensured damage was put right where my workmen caused it before. What's the point of me "doing the right thing" if neighbours don't?

    What do you mean by extremely close supervision? Sound like you'd stand in your garden for the full length of the build.
  • Doozergirl
    Doozergirl Posts: 33,813 Forumite
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    AndyMc..... wrote: »
    What do you mean by extremely close supervision? Sound like you'd stand in your garden for the full length of the build.

    The builder will love that.
    Everything that is supposed to be in heaven is already here on earth.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    Doozergirl wrote: »
    The builder will love that.
    There's probably nothing a tradesperson hates more than being in the crossfire between two adversarial neighbours, except perhaps being closely supervised by the one who's not paying.

    That's when those little 'accidents' tend to happen! ;)
  • Doozergirl
    Doozergirl Posts: 33,813 Forumite
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    Davesnave wrote: »
    There's probably nothing a tradesperson hates more than being in the crossfire between two adversarial neighbours, except perhaps being closely supervised by the one who's not paying.

    That's when those little 'accidents' tend to happen! ;)

    It's advisable not to lump the builder in the same category as the neighbour. They are a third party, just doing their job and can often be the answer when neighbours are at arms. I send in Doozer. He'll listen and apologise to the neighbours until the cows come home. It makes them feel better, then he gets on with it. Wine helps.
    Everything that is supposed to be in heaven is already here on earth.
  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
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    Ah, wine....

    That's why I love you slightly more than G_M...;)

    OP. Always take things like this steadily and quietly, adopt the gentle moral high ground, and never fly off the handle.
  • Notsurebut
    Notsurebut Posts: 12 Forumite
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    @ daftyduck...im with you on the wine ;)

    And im simply going to behave as tho im in a work situation...ex paramedic, so quite used to the breathe smile and focus way of dealing ��
  • karcher
    karcher Posts: 2,069 Forumite
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    Any progress to report OP?
    'I'm sinking in the quicksand of my thought
    And I ain't got the power anymore'
  • Notsurebut
    Notsurebut Posts: 12 Forumite
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    Note popped thru neighbours' letterbox on saturday; silence so far.

    My new fence being put up tomorrow.
  • loveka
    loveka Posts: 535 Forumite
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    I have been in this position exactly.

    If they come on your land without a party wall agreement in place it is trespass. If they do any damage it's criminal damage.

    The Party Wall Act DOES allow them to use your garden to build, but it protects you against any damage they may do.

    Our neighbours refused to get a party wall agreement. They bullied us into allowing them to use our garden with the ugly wall argument.

    They destroyed our garden and killed our plants. Our back fence came down when they took the side fence down. It cost us over £1000 to put it right. They refused to pay anything towards it.

    We are now moving because I can't bear being near to people who have treated me like this.

    You need to get a solicitor to write a letter telling them that they have obligations under the Party Wall Act. It will probably cost you £300 but if you don't do it you could end up in the position I am in.
  • Notsurebut
    Notsurebut Posts: 12 Forumite
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    Its taken a while, but out of courtesy I thought a resolution update may be helpful.

    Via contact with the Party Wall Surveyors Organisation, we found a relatively local PWS who acted very promptly and advised the neighbours that any commencement of work without an agreed Party Wall Notice would result in him taking out an injunction on my behalf against them.

    We also discovered, once the PWS had spoken to the neighbours and seen their proposed plans, that their intention was to utilise my property external wall (which is on my land only)for a major part of their extension as a cost saving / convenience.

    The PWA has now been agreed and signed off, and gives clear details as to what / how / where the neighbours and their builders can and cannot do.

    To say I am relieved is an understatement.

    Thank you to people here for giving positive and constructive advice.
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