Main site > MoneySavingExpert.com Forums > Household & Travel > In my home (includes DIY) MoneySaving > party wall (garden fence) sorry longer than I tho... (Page 1)

IMPORTANT! This is MoneySavingExpert's open forum - anyone can post

Please exercise caution & report any spam, illegal, offensive, racist, libellous post to forumteam@moneysavingexpert.com

  • Be nice to all MoneySavers
  • All the best tips go in the MoneySavingExpert weekly email

    Plus all the new guides, deals & loopholes

  • No spam/referral links
or Login with Facebook
party wall (garden fence) sorry longer than I thought
Closed Thread
Views: 908
Thread Tools Search this Thread Display Modes
# 1
missprice
Old 17-06-2012, 4:46 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: May 2004
Location: somewhere back in time
Posts: 2,080
Default 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
Aim to win 2014 of prizes in 2014.
Won a book a tesco voucher, hamper,dremel mutitool.higgidy popchips. Ant and Dec takeaway tix
So far 274.98
116 mortgage payments to go.
missprice is offline
Report Post
# 2
anotherbaldrick
Old 17-06-2012, 5:02 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Nov 2010
Location: Back of Beyond (Surrey)
Posts: 2,166
Default

Whose boundary is it legally from the deeds ? Yours or your neighbours ?
You scullion! You rampallian! You fustilarian! Ill tickle your catastrophe (Henry IV part 2)
anotherbaldrick is offline
Report Post
# 3
missprice
Old 17-06-2012, 5:03 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: May 2004
Location: somewhere back in time
Posts: 2,080
Default

its mine according to deeds.

thanks
Aim to win 2014 of prizes in 2014.
Won a book a tesco voucher, hamper,dremel mutitool.higgidy popchips. Ant and Dec takeaway tix
So far 274.98
116 mortgage payments to go.
missprice is offline
Report Post
# 4
BertieUK
Old 17-06-2012, 5:23 PM
Serious MoneySaving Fan
 
Join Date: Nov 2009
Location: Wiltshire
Posts: 1,532
Default

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
BertieUK is offline
Report Post
The Following User Says Thank You to BertieUK For This Useful Post: Show me >>
# 5
McKneff
Old 17-06-2012, 5:27 PM
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: Jun 2008
Location: north yorkshire
Posts: 31,850
Default

Have you actually spoken to the neighbour about your concerns.

Seems the obvious first thing to do.
No one can make you feel inferior without your consent
McKneff is offline
Report Post
The Following User Says Thank You to McKneff For This Useful Post: Show me >>
# 6
27col
Old 17-06-2012, 5:29 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Nov 2007
Location: Hampshire
Posts: 5,656
Default

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.
27col is offline
Report Post
The Following User Says Thank You to 27col For This Useful Post: Show me >>
# 7
missprice
Old 17-06-2012, 5:43 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: May 2004
Location: somewhere back in time
Posts: 2,080
Default

Quote:
Originally Posted by McKneff View Post
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

Quote:
Originally Posted by 27col View Post
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
Aim to win 2014 of prizes in 2014.
Won a book a tesco voucher, hamper,dremel mutitool.higgidy popchips. Ant and Dec takeaway tix
So far 274.98
116 mortgage payments to go.
missprice is offline
Report Post
# 8
missprice
Old 17-06-2012, 5:44 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: May 2004
Location: somewhere back in time
Posts: 2,080
Default

Quote:
Originally Posted by BertieUK View Post
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?
Aim to win 2014 of prizes in 2014.
Won a book a tesco voucher, hamper,dremel mutitool.higgidy popchips. Ant and Dec takeaway tix
So far 274.98
116 mortgage payments to go.
missprice is offline
Report Post
# 9
BertieUK
Old 17-06-2012, 5:59 PM
Serious MoneySaving Fan
 
Join Date: Nov 2009
Location: Wiltshire
Posts: 1,532
Default

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
BertieUK is offline
Report Post
The Following User Says Thank You to BertieUK For This Useful Post: Show me >>
# 10
missprice
Old 17-06-2012, 6:16 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: May 2004
Location: somewhere back in time
Posts: 2,080
Default

Quote:
Originally Posted by BertieUK View Post
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
Aim to win 2014 of prizes in 2014.
Won a book a tesco voucher, hamper,dremel mutitool.higgidy popchips. Ant and Dec takeaway tix
So far 274.98
116 mortgage payments to go.
missprice is offline
Report Post
The Following User Says Thank You to missprice For This Useful Post: Show me >>
# 11
martinthebandit
Old 17-06-2012, 6:20 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Mar 2011
Posts: 2,179
Default

Quote:
Originally Posted by missprice View Post
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.
Politics -
from the words Poli, meaning many
and tics meaning blood sucking parasites


(thanks to Kinky Friedman (or Larry Hardman) for the quote}
martinthebandit is offline
Report Post
The Following User Says Thank You to martinthebandit For This Useful Post: Show me >>
# 12
missprice
Old 17-06-2012, 6:48 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: May 2004
Location: somewhere back in time
Posts: 2,080
Default

Quote:
Originally Posted by martinthebandit View Post
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
Aim to win 2014 of prizes in 2014.
Won a book a tesco voucher, hamper,dremel mutitool.higgidy popchips. Ant and Dec takeaway tix
So far 274.98
116 mortgage payments to go.
missprice is offline
Report Post
# 13
BertieUK
Old 17-06-2012, 6:56 PM
Serious MoneySaving Fan
 
Join Date: Nov 2009
Location: Wiltshire
Posts: 1,532
Default

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

Last edited by BertieUK; 17-06-2012 at 7:03 PM.
BertieUK is offline
Report Post
The Following User Says Thank You to BertieUK For This Useful Post: Show me >>
# 14
missprice
Old 17-06-2012, 7:23 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: May 2004
Location: somewhere back in time
Posts: 2,080
Default

Quote:
Originally Posted by BertieUK View Post
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
Aim to win 2014 of prizes in 2014.
Won a book a tesco voucher, hamper,dremel mutitool.higgidy popchips. Ant and Dec takeaway tix
So far 274.98
116 mortgage payments to go.
missprice is offline
Report Post
# 15
BertieUK
Old 17-06-2012, 7:32 PM
Serious MoneySaving Fan
 
Join Date: Nov 2009
Location: Wiltshire
Posts: 1,532
Default

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.
BertieUK is offline
Report Post
The Following User Says Thank You to BertieUK For This Useful Post: Show me >>
# 16
molerat
Old 17-06-2012, 8:43 PM
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: Jan 2006
Location: very north of the border
Posts: 10,766
Default

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.
www.helpforheroes.org.uk/donations.html
molerat is offline
Report Post
The Following 4 Users Say Thank You to molerat For This Useful Post: Show me >>
# 17
keystone
Old 17-06-2012, 9:38 PM
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: Oct 2009
Location: SW London / Surrey
Posts: 10,786
Default

Quote:
Originally Posted by anotherbaldrick View Post
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.

Quote:
Originally Posted by missprice View Post
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
keystone is offline
Report Post
The Following 2 Users Say Thank You to keystone For This Useful Post: Show me >>
# 18
keystone
Old 17-06-2012, 9:50 PM
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: Oct 2009
Location: SW London / Surrey
Posts: 10,786
Default

Quote:
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
keystone is offline
Report Post
The Following User Says Thank You to keystone For This Useful Post: Show me >>
Closed Thread

Bookmarks
 
 




Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

 Forum Jump  

Contact Us - MoneySavingExpert.com - Archive - Privacy Statement - Top

Powered by vBulletin® Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.

All times are GMT +1. The time now is 10:41 AM.

 Forum Jump  

Free MoneySaving Email

Top deals: Week of 17 September 2014

Get all this & more in MoneySavingExpert's weekly email full of guides, vouchers and Deals

GET THIS FREE WEEKLY EMAIL Full of deals, guides & it's spam free

Latest News & Blogs

Martin's Twitter Feed

profile

Cheap Travel Money

Find the best online rate for holiday cash with MSE's TravelMoneyMax.

Find the best online rate for your holiday cash with MoneySavingExpert's TravelMoneyMax.

TuneChecker Top Albums

  • THE SCRIPTNO SOUND WITHOUT SILENCE
  • BARBRA STREISANDPARTNERS (DELUXE VERSION)
  • SAM SMITHIN THE LONELY HOUR (DELUXE EDITION)

MSE's Twitter Feed

profile
Always remember anyone can post on the MSE forums, so it can be very different from our opinion.
We use Skimlinks and other affiliated links in some of our boards, for some of our users.