party wall (garden fence) sorry longer than I thought

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  • missprice
    missprice Posts: 3,735
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    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.
    thank you I agree to a point

    but I am a It aint broke don't fix it kinda gal.
    so I see it has another maybe 4 to 8 years left til it has to be done and I need a new bathroom and 5 more new windows which are more important than this fence currently. I have not got enough money to do them all this year even, so I have to prioritise and the fence/wall is not a priority at this moment.
    and my windows come first as I still have single glazing upstairs.
    The neighbour wants it done this year in fact in a week he wants to start, and whats the point if it will simply fall down because of the builder he chooses.
    I cant seem to get that through to him. I have other priorities but he thinks he is the main man and what he wants comes first.
    no worries to all I shall consult the councils building/planning dept and see a solicitor if nec

    many thanks for replies:)
    63 mortgage payments to go.

    Zero wins 2016 😥
  • BertieUK
    BertieUK Posts: 1,701 Forumite
    edited 17 June 2012 at 6:03PM
    May I ask, why there is a need for a wall, you have been content with the wooden fence for quite a number of years and the boundary is on your deeds of the property, so you have the final word. Why go to all the expense? Just to be neighbourly!!

    To build this strucure properly, the amount of top / sub soil would run into several tons, and would have to be located somewhere and finally both your gardens will be disturbed a great deal.

    I do think that a great deal of thought and planning would have to be done, to have the finished job completed with the least amount of disruption.

    Tell your Council that you have an bossy neighbour and seek their advise as to the best cause for you to adopt.

    Looking at all the points I think that I would be telling your neighbour that you are quite happy with your fence thank you very much.

    Regards

    BobUK
  • missprice
    missprice Posts: 3,735
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    BertieUK wrote: »
    May I ask, why there is a need for a wall, you have been content with the wooden fence for quite a number of years and the boundary is on your deeds of the property, so you have the final word. Why go to all the expense? Just to be neighbourly!!
    Ah well would you believe it the neighbour has put in a patio on his garden and shoved bits of wood down the gaps between fence and his higher garden/patio to stop his patio sinking. his patio is just borederline under his damproof course and he has been told of this( but as I am ALWAYS wrong and cannot know anything about building works this is a lie) and the bits of wood are starting to rot as a result his patio will sink, another problem is that he will have to relay his patio, but this too is not being heard. he thinks he can do all the work from my side and I simply cannot state it in a way he can hear and understand

    To build this strucure properly, the amount of top / sub soil would run into several tons, and would have to be located somewhere and finally both your gardens will be disturbed a great deal.
    He either cannot or will not listen to me when I tell him this and it will affect access to my drive as that is accessed via my back garden
    I do think that a great deal of thought and planning would have to be done, to have the finished job completed with the least amount of disruption.
    No planning whatsoever has gone into this on his part and thats why I shall give him a copy of the party wall act tomorrow. oh and can you believe that he said the builder is happy to move the soil to another part of his garden by hand

    Tell your Council that you have an bossy neighbour and seek their advise as to the best cause for you to adopt.
    That is the plan in the morning and I have taken dated photos today in case he tries to start work tomorrow

    Looking at all the points I think that I would be telling your neighbour that you are quite happy with your fence thank you very much.

    Regards

    BobUK
    pretty much what I said to him initially, but the man is insistent and I eventually just shrugged and said let me know what it is you want to do and when and We shall see.
    love to all who replied
    63 mortgage payments to go.

    Zero wins 2016 😥
  • BertieUK
    BertieUK Posts: 1,701 Forumite
    So he has a floating patio? Wonder who built it.

    On a lighter note, I once had an aunt called Ada, and her surname was Price, and she was a very fair lady who, like you, stood up for her rights and when she knew that she was in the right, she used to use the 'catchphrase The Price is right' and people used to back down.

    Have a very pleasant evening, relax and tomorrow your Council Office will help you through your difficult time.
  • molerat
    molerat Posts: 31,683
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    Just tell him he can build whatever he wants on his land. As long as the works do not impinge onto your property or damage your fence who cares.
  • keystone
    keystone Posts: 10,916 Forumite
    Whose boundary is it legally from the deeds ? Yours or your neighbours ?
    A boundary cannot belong to anybody thats why its, errm, called - a boundary.
    missprice wrote: »
    its mine according to deeds.
    I suspect your deeds say you are responsible for the maintenance of the boundary. That is absolutely not the same as being responsible for fencing the boundary although sometimes the deeds will say thou shalt fence the boundary.

    The existing fence should be on your side of the boundary if your fence and his side if its his fence. If its your fence tell him he has no reason to touch it. Its not a party fence wall either fences aren't subject to the PWA.

    Molerat is right - he can do what the hell he likes on his own property subject to permitted development etc etc etc

    Cheers
    The difference between genius and stupidity is that genius has it's limits. - Einstein
  • keystone
    keystone Posts: 10,916 Forumite
    he thinks he can do all the work from my side and I simply cannot state it in a way he can hear and understand
    Thats a key issue of course. To do work from your side of the boundary he HAS to have your permission to do so. Just withold permission. Then he might start to listen.

    Cheers
    The difference between genius and stupidity is that genius has it's limits. - Einstein
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