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  • FIRST POST
    missprice
    party wall (garden fence) sorry longer than I thought
    • #1
    • 17th Jun 12, 4:46 PM
    party wall (garden fence) sorry longer than I thought 17th Jun 12 at 4:46 PM
    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
    2015 wins banks beer tshirt, storm London watch and necklace, mulu choc star Argos vouchers= 1172.90
    101 mortgage payments to go.

    I hereby appoint you Lady of the Order of the Garter
    Congratulations
Page 1
  • anotherbaldrick
    • #2
    • 17th Jun 12, 5:02 PM
    • #2
    • 17th Jun 12, 5:02 PM
    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)
  • missprice
    • #3
    • 17th Jun 12, 5:03 PM
    • #3
    • 17th Jun 12, 5:03 PM
    its mine according to deeds.

    thanks
    2015 wins banks beer tshirt, storm London watch and necklace, mulu choc star Argos vouchers= 1172.90
    101 mortgage payments to go.

    I hereby appoint you Lady of the Order of the Garter
    Congratulations
  • BertieUK
    • #4
    • 17th Jun 12, 5:23 PM
    • #4
    • 17th Jun 12, 5:23 PM
    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
    • #5
    • 17th Jun 12, 5:27 PM
    • #5
    • 17th Jun 12, 5:27 PM
    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
  • 27col
    • #6
    • 17th Jun 12, 5:29 PM
    • #6
    • 17th Jun 12, 5:29 PM
    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
    • #7
    • 17th Jun 12, 5:43 PM
    • #7
    • 17th Jun 12, 5:43 PM
    Have you actually spoken to the neighbour about your concerns.

    Seems the obvious first thing to do.
    Originally posted by McKneff
    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

    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.
    Originally posted by 27col
    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
    2015 wins banks beer tshirt, storm London watch and necklace, mulu choc star Argos vouchers= 1172.90
    101 mortgage payments to go.

    I hereby appoint you Lady of the Order of the Garter
    Congratulations
  • missprice
    • #8
    • 17th Jun 12, 5:44 PM
    • #8
    • 17th Jun 12, 5:44 PM
    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
    Originally posted by BertieUK
    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?
    2015 wins banks beer tshirt, storm London watch and necklace, mulu choc star Argos vouchers= 1172.90
    101 mortgage payments to go.

    I hereby appoint you Lady of the Order of the Garter
    Congratulations
  • BertieUK
    • #9
    • 17th Jun 12, 5:59 PM
    • #9
    • 17th Jun 12, 5:59 PM
    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
    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
    Originally posted by BertieUK
    thanks for replying
    2015 wins banks beer tshirt, storm London watch and necklace, mulu choc star Argos vouchers= 1172.90
    101 mortgage payments to go.

    I hereby appoint you Lady of the Order of the Garter
    Congratulations
  • martinthebandit
    I will have a wall built at my own expense, and properly
    Originally posted by missprice

    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}
  • missprice
    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.
    Originally posted by martinthebandit
    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
    2015 wins banks beer tshirt, storm London watch and necklace, mulu choc star Argos vouchers= 1172.90
    101 mortgage payments to go.

    I hereby appoint you Lady of the Order of the Garter
    Congratulations
  • BertieUK
    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.
  • missprice
    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
    Originally posted by BertieUK
    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
    2015 wins banks beer tshirt, storm London watch and necklace, mulu choc star Argos vouchers= 1172.90
    101 mortgage payments to go.

    I hereby appoint you Lady of the Order of the Garter
    Congratulations
  • BertieUK
    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
    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
  • keystone
    Whose boundary is it legally from the deeds ? Yours or your neighbours ?
    Originally posted by anotherbaldrick
    A boundary cannot belong to anybody thats why its, errm, called - a boundary.

    its mine according to deeds.
    Originally posted by missprice
    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
    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
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